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The error in judgment Karadžić COMMENT ERIC FREY 25th March 2016, 11:35 99 POSTS
Srebrenica was a crime against humanity, but not genocide
The guilty verdict against former Bosnian Serb president Radovan Karadzic at The Hague war crimes tribunal came as no surprise - including the conviction for genocide in Srebrenica. That the murder of 8,000 men and boys was a genocide in the eastern Bosnian town 21 years ago, has become the political, historical and legal commonplace.
But that does not make it more correct. Srebrenica was a terrible massacre, a war crime, a crime against humanity - but not genocide. Karadžić earned each his 40 years in prison to which he was convicted, but not because of this a unique crime.
Genocide since 1948 in international law
The term genocide was coined during World War II by Raphael Lemkin in response to the Nazi persecution of Jews and other ethnic groups and is since 1948 part of international criminal law. It refers to the specific intent to "a national, ethnical, racial or religious group, as such, to destroy, in whole or in part".
It applies to the Holocaust, Stalin's mass deportations of entire peoples, the mass murder of Armenians during the First World War by the Ottomans and the murder of hundreds of thousands Tutsis by Hutus in Rwanda in 1994 to.
A brutal revenge
Srebrenica does not belong in this category of crime. First the numbers: In a million people as the Bosniaks are 8,000 deaths a mass murder, but no genocide. Who wants to wipe a people spared not all women.
The responsible of Karadžić and executed by Ratko Mladić massacre was a brutal collective revenge on the population of a city that has for years resisted Bosnian Serb forces and thereby also caused much bloodshed in neighboring villages. There is no justification for this, but it should not be presented as something it was not.
One could describe rather the total warfare of the Bosnian Serbs from 1991 to 1995 as a genocidal, but also meets the horrors of that time only half. The aim was not to eradicate, but the ethnic cleansing and thus creating a pure Serbian territory in wide parts of Bosnia.
No belittlement
The judges in The Hague had at Karadžić probably no choice finally was defined in previous judgments Srebrenica as genocide. to ask this question, is seen by many as a trivialization and relativization of crime. The worst massacre since the postwar years in Europe just has to be a genocide, otherwise it does not sound bad enough.
The problem with the name is that there are Serbs in Serbia and Bosnia have a good reason to present themselves as victims of false accusations and a total not to recognize the judgments of the Tribunal. It is undermining the legitimacy of an otherwise very successful international criminal justice. (Eric Frey, 03/25/2015) - derstandard.at/2000033630881/Der-Fehler-im-Karadzic-Urteil
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