The Law of Genocide in the Jurisprudence of ICTY and ICTR in 2004
![handle is hein.journals/intcrimlrb5 and id is 439 raw text is: International Criminal Law Review 5: 431-446, 2005. 431
© 2005 Koninklijke Brill NV Printed in the Netherlands.
The Law of Genocide in the Jurisprudence of ICTY and
ICTR in 2004
PAUL KIM'
The year 2004 has brought a range ofjudgments by the ad hoc tribunals with
regard to genocide. It is remarkable that two of the most interesting verdicts
come from the ICTY2 - a body which has only once found an accused guilty
as a perpetrator of genocide (and that ruling was partially overturned in April
2004). Three characteristics of the crime featured particularly strongly in the
discussions of the tribunals. There is firstly, in view of the intent to destroy
the part of a protected group, the requirement of substantiality, there is sec-
ondly the question of a co-existence of differing reasons for the commission
of the crime; and there is thirdly the development of the interpretation of
serious bodily or mental harm, which was advanced in particular by the
ICTY in Brdjanin. The paper will trace the jurisdiction in view of the crime
of genocide; it will, for this purpose, focus on the judgments of Trial and
Appeals Chambers of the ICTY and the ICTR3.
1. The Prosecutor v Jean de Dieu Kamuhanda, ICTR
Trial Chamber, 22nd January 2004
Twenty-two days into the new year, the Trial Chamber of the ICTR found
Kamuhanda guilty of genocide4. Before the Tribunal, Kamuhanda stood
accused of having led attacks by soldiers and militias against Tutsis in a
church in Gikomero5. In view of the legal assessment, the case did not bring
many new developments. The Trial Chamber did confirm the findings in
Lecturer in Law. Nottingham Law School, Nottingham Trent University, Burton Street,
Nottingham NGI 4BU, England, UK. E-mail: paul.kim@ntu.ac.uk.
2 The Appeals Chamber Judgment in Krstic, IT-98-33-A; and the Trial Chamber Judgment
in Brdjanin, IT-99-36-T.
I Other developments, such as Rule 98 bis decisions, are outside the remit of the current
consideration.
The Prosecutor v Jean de Dieu Kamuhanda [Kamuhanda], Case No. ICTR-95-54A-T.
Agence France Presse, Life jail term for Rwandan former minister convicted of geno-
cide, 22 January 2004.](ViewImageLocal?handle=hein.journals/intcrimlrb5&div=29&collection=journals&method=preview&ext=.png&size=3)
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The Law of Genocide in the Jurisprudence of ICTY and ICTR in 2004
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