Genocide Spotting: Between Recognition and Prosecution

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.