Proving Genocide?: Forensic Expertise and the ICTY

Klinkner, Melanie

doi:10.1093/jicj/mqn007

Cited by 11 publications

(4 citation statements)

References 2 publications

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“…17 In BiH not only have the human remains largely been identified, but the science has been used in court cases in a variety of settings, 18 including at the International Criminal Tribunal for the former Yugoslavia (ICTY). 19 Prosecutions and convictions have occurred as a result of these identification processes, and even civil cases have been brought to trial, 20 such as that against the Dutch government, whose peace-keepers were alleged not to have stopped the atrocities when they were in a position to do so.…”

Section: Developments For Missing Persons As a Results Of Processes Inmentioning

confidence: 99%

How developments in the science and technology of searching, recovering and identifying the missing/ disappeared are positively affecting the rights of victims around the world

Sarkin¹

2017

Human Remains and Violence: An Interdisciplinary Journal

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This article examines the ways in which missing persons have been dealt with, mainly in the former Yugoslavia, to show how the huge advances made in the search for, recovery and identification of those who disappeared is positively impacting on the ability of families to find their loved ones. The article surveys the advances made in dealing with the missing on a range of fronts, including the technical and forensic capacities. It examines some of the other developments that have occurred around the world with regard to the search for, recovery and identification of people and makes recommendations on how to make improvements to ensure that the rights of families around the world, as well as a range of other human rights, including truth and justice, are enhanced.

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Section: Developments For Missing Persons As a Results Of Processes Inmentioning

confidence: 99%

How developments in the science and technology of searching, recovering and identifying the missing/ disappeared are positively affecting the rights of victims around the world

Sarkin¹

2017

Human Remains and Violence: An Interdisciplinary Journal

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“…It is also necessary to put together an historical record. It restricts room for manipulation of the facts and perpetuated myths that surround the conflict at hand, as well as for denials, which the various processes of recovering the truth can assist with (Klinkner, 2008). For the state, the right to truth leads to a duty not only to preserve memory, but also to investigate what happened and why, and who is accountable (Mendez and Bariffi, 2011).…”

Section: Reforming the Processes To Deal With Missing Victimsmentioning

confidence: 99%

Why victimology should focus on all victims, including all missing and disappeared persons

Sarkin

2019

International Review of Victimology

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This article examines issues concerning the scope and role of victimology specifically as far as they relate to missing and disappeared persons. It argues that victimology ought to have a greater effect on the world by dealing with more victims, and that it should not be a solely academic discipline. It is contended that victimology should confront the real issues that arise for the victims after the crimes they suffer, and thus it needs to play a far more pragmatic, practical role. It is reasoned that broadening the study of who victims are, how they become victims and how their fate and suffering could have been avoided will also have a meaningful effect. This is also true regarding what can be done to reduce the numbers of (potential) victims. The article specifically calls on victimology to deal with victims who have gone missing. It argues that even amongst victimologists studying the widest variety of affected victims, there is almost no focus on the missing. The article goes into detail about who the missing are, and analyses the circumstances surrounding missing persons, whether as a result of war, human rights abuses such as enforced disappearances, or disasters, organized violence, migration and many more. The article also touches upon the processes of finding missing persons and considers their legal, technical and societal implications.

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“…More background information may imply a greater involvement with the prosecution's strategies but may enhance the quality of investigation by raising the experts' awareness of details and potential evidence. [86] The Judgment points to debates in court where experts were asked abut the level of information provided to them, leading the judges to conclude that "the fact that experts were provided with limited background information about the bodies in the gravesites and, more generally, about the fall of Srebrenica, does not, in and of itself, taint their reports with bias or make them less reliable." [87] This is consistent with other jurisprudence on expert witnesses.…”

Section: Date Of Deathmentioning

confidence: 99%

Karadžić's guilty verdict and forensic evidence from Bosnia's mass graves

Klinkner

2016

Science & Justice

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The International Criminal Tribunal for the Former Yugoslavia's Karadžić verdict, eagerly awaited, was unsurprising. He was found guilty of genocide, crimes against humanity and war crimes. One part of the judgment was concerned with the Srebrenica events in which much forensic evidence from mass graves featured. Whilst this was to be expected, forensic evidence from the horrific crime scenes continues to be important in determining aspects of the crime base. This paper discusses the evidence and examines how the Chamber came to the conclusion that systematic killing of thousands of Bosnian Muslim men occurred and attempts had been made to conceal the crimes and human remains in secondary graves thus confirming the actus reus of genocide. In particular, the number of people killed was at issue.Despite the absence of compelling counter-theories on behalf of the accused, this paper demonstrates that contestations over the number of those killed remain and predicts that this is unlikely to change for the ongoing Mladić case. Highlights:• Karadžić's guilty verdict features much forensic evidence from Srebrenica massacre.• Forensic evidence from mass grave confirms the act of genocide.• Numbers of those killed as well as time and manner of death remain contested by the accused.

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Proving Genocide?: Forensic Expertise and the ICTY

Abstract: Abstract

Cited by 11 publications

References 2 publications

How developments in the science and technology of searching, recovering and identifying the missing/ disappeared are positively affecting the rights of victims around the world

How developments in the science and technology of searching, recovering and identifying the missing/ disappeared are positively affecting the rights of victims around the world

Why victimology should focus on all victims, including all missing and disappeared persons

Karadžić's guilty verdict and forensic evidence from Bosnia's mass graves

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