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Chicago Journal of International Law

Article Title

Prosecuting Genocide

Abstract

The arrest of Slobodan Milosevic and his eventual trial before the International Criminal Tribunal for the Former Yugoslavia ("ICTY") certainly is a good thing for humankind. So too is the recent conviction of Bosnian Serb General Radislav Krstic for committing genocide in Srebrenica. But we cannot accept these few events as the full response to what happened in Bosnia-Herzegovina. No efforts to prosecute a few "soldiers" will be truly meaningful until the international community calls what happened genocide and compensates the many victims of the genocide for the injuries caused by the despicable Serbian policy of "ethnic cleansing." I had the great privilege of representing women survivors of the genocide in Bosnia-Herzegovina. With my co-counsel, Professor Catharine A. MacKinnon, we prosecuted claims of sexual assault and other human rights abuses under the Alien Tort Claims Act and the Torture Victim Protection Act' ("TVPA") against Radovan Karadzic, the once self-proclaimed leader of the Republic of Srpska. In August 2000, our clients courageously testified in a federal courtroom in New York and held Karadzic civilly responsible for their injuries. Now Karadzic must also be brought to the ICTY for his long-awaited criminal trial on genocide charges.

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