Genocide Spotting: Between Recognition and Prosecution
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Date
2024-05-03
Authors
Luko, James
Journal Title
Journal ISSN
Volume Title
Publisher
University of Waterloo
Abstract
This thesis delves into the challenges of identifying and proving genocide in a court of law, using
Bosnia as a case study. Genocide, considered one of the most atrocious human rights violations,
involves the deliberate and systemic extermination of a specific ethnic, national, racial, or
religious group. The research analyzes the legal definition and judicial process related to
genocide, focusing on the parameters outlined in the Convention on the Prevention and
Punishment of Genocide. It examines the difficulty in recognizing and categorizing events as
genocide, exploring the political and geostrategic factors influencing identification and
international response. The thesis seeks to clarify the obstacles in appropriately identifying and
effectively prosecuting genocide in a legal context. Furthermore, it differentiates between the
legal complexities and practical requirements and, along with empirical evidence, attempts to
dispel the notion that “genocide is overwhelmingly difficult to prove” (if the event meets the
legal criteria). The study emphasizes the importance of expert input in assessing potential
genocides and highlights the risks of layperson identifications. Ultimately, the research offers
recommendations to address the issues explored in this thesis.
Description
Keywords
genocide, law