Ethnic Cleansing Vs Genocide – Qualifications Of Legal Problems Cover Image

Da li je etničko čišćenje genocid – problemi pravne kvalifikacije dela
Ethnic Cleansing Vs Genocide – Qualifications Of Legal Problems

Author(s): Goran Đorđević
Subject(s): Law, Constitution, Jurisprudence
Published by: Универзитет у Нишу
Keywords: ethnic cleansing; genocide; mens rea; dolus specialis; extermination; judicial decisions; protected groups

Summary/Abstract: Subject of discussion is the necessity to legally qualify and make thematic dif- ferentiation between the ethnic cleansing and genocide. Having in mind numerous characteristics of ethnic cleansing and genocide, it is clear that these two acts have a certain number of important characteristics in common, through which they are inter- connected, imbue with one another and frequently mutually conditioned. From the historical aspect, it is remarkable that ethnic cleansing has often gone before geno- cide, that ethnic cleansing has been done in terms of genocide, as well as the protected groups were coincidentally subjected to both ethnic cleansing and genocide. On the other hand, there are also relevant differences, especially in regard to intent. Aforesaid gives grounds for analyzing and answering the question whether these two acts can be identified.

  • Issue Year: 2010
  • Issue No: 04
  • Page Range: 1337-1356
  • Page Count: 20
  • Language: Serbian