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International Human Rights

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To understand the depth of the issues at hand, it is essential to have a little background knowledge in terms of what international criminal law constitutes.
International criminal law is a body of international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration.

It is essential not just for the purpose of the assignment but for the subject as a whole to simplify first and foremost the core elements and then to tackle the issues in the paper. Having this at the back of the mind, I shall now proceed to tackle the issues in the problem question.

The first thing that can be identified in general is the fact that the topic revolves around genocide.

What is genocide ?
A general definition of genocide is the deliberate killing of a large group of people, especially those of a particular ethnic group or nation. I stress this definition of genocide as “general” due to the fact that there are indeed too many loopholes regarding it e.g what is regarded as a group but that is a discussion for another day. Let us now tackle the issues in the scenario.

The first thing we can identify in the scenario is the presence of authority. We are told that General Davic is a a Serbian commander of paramilitary forces. He also forced young children to engage in the acts through the use of his troops. He also instructed them to rape the women which is a crime under Article II of the Genocide Convention:
 Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part. Rape is one of the key ways in ensuring destruction of a group due to the fact that the women who are victims of this may be seen as outcasts in the society not to mention the mental and long lasting effects it has on them. This also establishes the criteria for the Objective elements which falls under the criteria of “causing serious bodily or mental harm= permanent and irremediable harm is not required, but it must be serious and it must result in a grave and long-term disadvantage to a person’s ability to lead a normal and constructive life.” Most especially due to the fact that in the given scenario, we are told that they are muslims which goes without saying that this is a taboo.
With regards to demolishing a muslim village and killing off the women and children, this is a clear cut act of genocide which falls under the objective criteria of killing members of the group = murder, i.e. voluntary or intentional murder. Demolishing a village or killing off its members is a clear act of genocide. The subjective element here is that of Dolus Specialis= ‘the intent to destroy, in whole or in part’ one of the enumerated group ‘as such’ The next issue that arises is that the surviving men of the village were forced to march to an undisclosed location and died because of illness and malnutrition which falls under the objective criteria of “Deliberately inflicting on the group conditions of life calculated to bring about physical destruction= include ‘slow-death measures’: ‘subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirements (Akayesu); ‘deliberate deprivation of resources indispensable for survival, such as food or medical services’ (Kayishema and Ruzindana); ‘the creation of circumstances that would lead to a slow death, such as lack of proper housing, clothing or hygiene or excessive work or physical exertion’ (Brdanin). It is not required that those conditions of life in fact bring about the physical destruction of the group (intended result) 
 The burning of a muslim Bosnian village and ensuring no survivors were left falls under the objective criteria that was mentioned above which is killing members of the groups= murder, i.e. voluntary or intentional murder .
In regards to all that has been mentioned above, it is also necessary to identify the subjective elements of genocide which are required for each of the underlying acts (murder etc) and, second, the specific mental element that is necessary to consider those acts as amounting to genocide.
• All prohibited acts must be accomplished intentionally, i.e. they require intent on the part of the perpetrator. Premeditation is not required except in the case of the act listed under (c), because of the use of the word ‘deliberately’
• Genocide is a typical crime based on the ‘depersonalisation of the victim’ (targeted because of his/her membership in a group)
Dolus specialis= ‘the intent to destroy, in whole or in part’ one of the enumerated group ‘as such’
It is only necessary that the perpetrator harbour a specific intent to destroy the group while carrying out one of these acts, regardless of whether by accomplishing the act the intended ultimate objective is achieved (preventative function)
• ICTR in Mpambara: ‘even a single instance of one of the prohibited acts’ can amount to genocide, ‘provided that the accused genuinely intends by that act to destroy at least a substantial part of the group’. ‘Genuine intent’= only to the extent that the perpetrator considers it possible that the destruction of the group can eventually be achieved The Objective Elements (1) There is also a violation in terms of the groups that were harmed due to the fact that the groups that where harmed fall under the category of those that are recognized as the protected groups. According to the Trial Chamber, the groups protected against genocide should not be limited to the four groups envisaged in the relevant rules, but should include ‘any stable and permanent group’ 
 * National groups= ‘a collection of people who are perceived to share a legal bond or common citizenship, coupled with reciprocity of rights and duties’ 
 * Ethnic group= ‘a group whose members share a common language or culture’ 
 * Racial group= ‘a group based on the hereditary physical traits often identified with a 
geographical region, irrespective of linguistic, cultural, national or religious factors’ 
 * Religious group= ‘a group whose members share the same religion, denomination or mode of worship’ The five families of Slovien nationality that were also residing in that village and were kille csn be identified through the use of
the subjective test by ICTR: A good case is that in which the Tutsis in Rwanda constituted an ethnic group distinct from the Hutus and the Twa, since the official classifications referred to them as an ethnic group, and the Rwandans themselves answered questions regarding their ethnicity. Davie should be tried in Bosnia and not Slovie due to the fact that this was his targeted group was Bosnia,although the mental element is usually difficult to determine the fact that he went to such extent to ensure the elimination of a group of people is more than enough reason as to why he should be trialed in Bosnia, whether he intended to kill the Slovien nationals or not. The appropriate Slovien authorities should hand him over to the Bosnian authorities so he faces the appropriate punishment designed for such acts. The crime was committed in Bosnia, against Bosnia this therefore goes without saying the appropriate action is for him to be punished by Bosnian Authorities.

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