To what extent do you think the current definition of genocide as applied by the two ad hoc international criminal tribunals for the former Yugoslavia and Rwanda is satisfactory
To what extent do you think the current definition of genocide, as applied by the two ad hoc international criminal tribunals for the former Yugoslavia and Rwanda, is satisfactory?
format
Introduction:
Identify legal issues:
First consider what genocide is
Identify controversy regarding definition
Refer to how the two ad hoc tribunals interpreted this crime
What is your thesis?
Main Body:
The question asks you to state your view on whether how genocide has been interpreted by the two ad hic tribunals is satisfactory
This requires evaluation, assessment, critique
Critically engage with difficulties surrounding determining both the actus reus and mens rea of genocide
You do not need to engage with every single element of the crime but identify some key problems that have emerged in academic commentary and jurisprudence regarding the definition
Consider which groups are protected
Consider how the tribunals interpreted who belongs to a protected group
Bring in debates that definition is too narrow
Look at criteria used for identifying group
Is cultural genocide included?
Consider other elements of the crime with particular reference to serious bodily and mental harm
Consider ICTY/ICTR jurisprudence on sexual violence? Satisfactory?
Consider other acts that may qualify as genocide such as forcible displacement
How about the means rea? Is it too restricted? Should it be too restricted? Why/why not?
You may wish to consider joint criminal enterprise with reference to the ICTY’s findings in Krstic
Take a view on challenges/achievements
Conclusion
Bring together the main arguments and identify your conclusion
The conclusion should mirror the introduction
State your overarching thesis
There should be no new arguments in your conclusion
References: footnotes
The references page:
1-Cases
2- Legislation
3- Books
4-Journal Articles
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