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Krstic appears during his appeal hearing of the U.N. war crimes tribunal
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SARAJEVO,
April 19 (IslamOnline.net & News Agencies) – In a landmark
ruling, the Appeals Chamber of the United Nations war crimes tribunal
confirmed that the 1995 massacre of more than 7,000 Bosnian Muslims in
Srebrenica was "genocide".
"The
trial chamber finds that genocide occurred in Srebrenica... against
the Muslim population," presiding judge Theodor Meron said
Monday, April 19.
The
ruling was made in the case of Bosnian Serb general Radislav Krstic,
who led the troops that captured Srebrenica.
Krstic
was seeking to overturn his 2001 genocide conviction by arguing that
the number of victims was "too insignificant" to be
considered genocide.
Evidence
presented to the court painted a picture, in the words of one judge,
of "thousands of men executed and buried in mass graves, hundreds
of men buried alive, men and women mutilated and slaughtered, children
killed before their mothers' eyes, a grandfather forced to eat the
liver of his own grandson".
These
were, the judge said, "truly scenes from hell, written on the
darkest pages of human history", according to Agence
France-Presse (AFP).
New
Jurisprudence
The
decision will have implications for others on trial in The Hague for
war crimes in the former Yugoslavia, including former Serbian leader
Slobodan Milosevic.
The
ruling will also have an impact on international justice because it
will create important jurisprudence about the definition of genocide.
The
1948 Geneva Convention defines genocide as "acts committed with
the intent to destroy, in whole or in part, a national, ethnic, racial
or religious group".
The
Appeals Chamber's ruling confirms a wider legal definition of the
crime.
"It
would be an expansion because it would make the killing of only men,
and the deportation of women and children, a genocide and that has not
been done before," said Heikelina Verrijn Stuart, an
international law expert who follows the U.N. court closely.
'Scenes
From Hell'
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Coffins of 600 Bosnian Muslims in a factory before burial near Srebrenica in March 2003
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Nine
years after the end of the conflict in Bosnia, Srebrenica remains a
synonym for genocide and a stain on the reputation of the United
Nations, whose peacekeeping forces failed to prevent the slaughter of
civilians.
Survivors'
reports, aerial photography and evidence exhumed from mass graves
indicate that most were killed by troops under the command of Bosnian
Serb military leader Mladic and his deputy Krstic.
Mladic
and Bosnian Serb war-time leader Radovan Karadzic, who are both on the
run, are the chief indictees for the worst atrocity in Europe since
World War II, which began after Bosnian Serb forces overran the
UN-mandated "safe area" of Srebrenica on July 11, 1995.
Using
tanks and artillery, the Bosnian Serbs brushed aside a contingent of
Dutch UN peacekeepers while officials in the U.N. Protection Force in
the Bosnian capital, Sarajevo, and the provincial centre of Tuzla
waited for orders from their superiors.
In
the hours before the town fell, anticipating the horrors to come, some
12,000 men gathered on a nearby hill and decided to gamble their lives
on an arduous march through enemy-held territory to Tuzla.
While
the commander of the Dutch peacekeepers Ton Karremans negotiated with
Mladic over the security of his men, the Bosnian Serbs began rounding
up any Muslim men they could find, including youths barely into their
teens, and loading them into trucks. None was seen alive again.
In
the days that followed, the area became a killing field, with Bosnian
Serb forces able to fire at will on the columns of fleeing men as they
straggled blindly towards safety.
Some
were tricked into surrendering by Bosnian Serb soldiers driving
captured U.N. vehicles and masquerading as U.N troops.
Fewer
than half the Muslims made it to safety, according to international
human rights organizations and Bosnian officials.
The
extent of the killing became apparent only after survivors of the long
march told their stories to reporters, diplomats and human rights
activists.
Srebrenica
- now part of Bosnia's Serb-run part Republika Srpska - is also a
testament to the success of the Serb's wartime ethnic cleansing, as
few Muslims from the town's pre-war community of 27,000 have returned.
More
than 6,000 bodies of the 1995 massacre victims have been exhumed from
numerous mass graves over the past seven years, but only 309 have been
identified. The bodies are currently stored at the cemetery complex in
Visoko, near Sarajevo, and in a special facility in Tuzla.
The
massacre also continues to haunt Europe: in April 2002, the Dutch
government resigned over a report that partly blamed it for the
Srebrenica atrocities.
The
U.N. published a soul-searching report into the massacre, but none of
its officials was held responsible for the failure to prevent it.
Of
the 29 counts of war crimes and crimes against humanity in Bosnia for
which former Yugoslav strongman Slobodan Milosevic is charged, the
most serious is the indictment for genocide for his role in the
Srebrenica massacre.