A/CONF.189/PC.1/7
page 47
57
Case of 11 July 1996, cited in note 45 above, p. 61, para. 95. See also Meakic et al. case,
13 February 1995, No. IT-95-4-I, p. 5, paras. 18.1 to 18.3.
58
See p. 61, para. 94.
59
Mrksic, Radic, Sljivancanin and Dokmanovic (“Vukovar hospital”) case, decision of the
Trial Chamber, ICTY, 3 April 1996, case No. IT-95-13-R-61, p. 16, para. 35, Karadzic and
Mladic (“Srebrenica”) case, decision of 16 November 1995, case No. IT-95-18-R-61, pp. 5-6 and
of 11 July 1996 case No. IT-95-5-R-61.
60
“The specific intent to commit genocide does not have to be clearly expressed” and “… In the
case at hand, the intent to destroy in whole or in part a national, ethnical, racial or religious
group, which is specific to genocide, may be clearly inferred from the seriousness of the ‘ethnic
cleansing’”, Karadzic and Mladic case, decision of 16 November 1995, pp. 5-6.
61
Killing members of the group; causing serious bodily or mental harm to members of the
group; deliberately inflicting on the group conditions of life calculated to bring about its physical
destruction in whole or in part; imposing measures intended to prevent births within the group
and forcibly transferring children of the group to another group. Article 4 of the Statute and
article 6 of the Rome Convention reproduce the text of article 2 of the Convention of
9 December 1948.
62
Karadzic and Mladic case, 16 November 1995, p. 60, para. 94; Nikolic case, 20 October 1995,
p. 21, para. 34.
63
Legal writings are unanimous in excluding certain groups: political, sexual, linguistic,
economic and social groups.
64
See Glaser, op. cit., cited by Castillo, p. 71.
65
Verhoeven, loc. cit., p. 21. For this author, with some exceptions for the concept of
“religious” groups, it is impossible to define the others precisely.
66
Meakic et al. case, 13 February 1995, No. IT-95-4-I, p. 5, paras. 18.1 and 18.3. In the
Karadzic case of 11 July 1996, the Tribunal uses the term racial, but without referring to any
particular group, note 45, pp. 5 and 6.
67
Karadzic and Mladic case, p. 61, paras. 94 and 95.
68
Ibid., p. 9, paras. 30 and 31.
69
Ibid., p. 60, para. 94; Nikolic case, p. 21, para. 34.