Emory International Law Review

Volume 31Issue 2
Articles

Putting Peacetime First: Crimes Against Humanity and the Civilian Population Requirement

Leila Nadya Sadat | 31 Emory Int'l L. Rev. 197 (2017)

Unlike the ad hoc international criminal tribunals, the International Criminal Court (ICC) may often exercise its jurisdiction in peacetime as well as during armed conflict. Article 7 of the Rome Statute, on Crimes Against Humanity, reflects this development, but does not address how to resolve the interpretive difficulties that flow from it, particularly as regards the requirement that the crime requires an attack directed against a “civilian” population. This Article analyzes Article 7’s “civilian population” requirement, and argues it should be understood from the perspective of peacetime, rather than as an outgrowth of international humanitarian law (IHL). It is the first comprehensive and systematic treatment of this issue. The Article rejects ICC Chambers’ reliance upon Article 50 of Protocol I as the relevant test and instead proposes a three-part inquiry to establish whether or not an individual or population is “civilian” in character.

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The Karadžic Genocide Conviction: Inferences, Intent, and the Necessity to Redefine Genocide

Milena Sterio | 31 Emory Int'l L. Rev. 271 (2017)

In March 2016, the International Criminal Tribunal for the Former Yugoslavia (ICTY) convicted former Bosnian Serb leader, Radovan Karadžic, of genocide and crimes against humanity. According to the Trial Chamber, the crimes were committed as part of four joint criminal enterprises in which Karadžic was a protagonist. The Article will specifically focus on the interpretation of genocide by the ICTY judges in this recent decision. The Trial Chamber’s interpretation of the intent requirement under the Genocide Convention and the customary law definition of genocide is novel and had not been espoused by past tribunals. This Article will demonstrate that in modern-day conflicts, the finding of genocidal intent may be an impossible task for the prosecution and that the Trial Chamber’s method of inferring intent based on knowledge and other indirect factors may be the only way that prosecutors will be able to obtain future genocide convictions.

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