Genocide returned to Europe at Srebrenica in July 1995, when up to 8,000 unarmed Muslim men and teenage boys were massacred by Serb troops under the immediate command of General Radislav Krstic.
His conviction for genocide this week, by the International Criminal Tribunal for the former Yugoslavia in The Hague, begins the process of bringing those responsible to account for that obscene and shameful event. Others, more senior than he, are still at large. And the pathetic and humiliating role of the United Nations force charged with protecting the people of Srebrenica is still deeply obscure.
Genocide is defined by the tribunal as "the intent to destroy, in whole or in part, a national, ethnic or religious group". The evidence heard at this 17 month trial extensively and horrifyingly documented the prosecution's case. It included photographs of decomposing corpses, severed limbs and statements from soldiers who complained of having to dispose of thousands of bodies or of shooting until their fingers hurt. In its judgment, the court said General Kristic failed to halt the killings and in fact facilitated them. It did not accept his plea that he acted under military orders. The Kristic conviction sets a precedent for others facing this charge, which is very difficult to prove. It is a strong reminder that the tribunal itself is making a substantial contribution to the creation of a universal system of justice and an international law that transcends national sovereignty. Critics say its mandate is distorted by a political animus, that it gives too much discretion to judicial or prosecutorial initiatives, or that it has been exceptionally slow in dispensing justice. These points are hard to square with its exemplary conduct of this trial and the genuine if gradual buildup of expertise among its impressively international staff.
Although too many of those indicted are still at large, the forthcoming trial of the former Yugoslav president and principal architect of its wars, Slobodan Milosevic, will bring the tribunal much more fully into the public eye. A great deal hangs on its ability to be seen to do justice fairly and firmly with him.