‘In Case of Genocide’: Defining Genocide at the ICTY

Abstract

This article gives an overview of the problems that were encountered at the ICTY during genocide prosecutions, due to the definitional debates on the concept of genocide. On the hand of prominent definitions the core issues of the definitional debate will be analyzed. With the help of primary sources from the International Criminal Tribunal of the former Yugoslavia the influences of these debates and of the Genocide Convention will be discussed. The first part of this article outlines the historical development of the concept of genocide. The second part will be focused on the Yugoslavia tribunal and the effects of the trials on the definitional conundrum.