No CrossRef data available.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
Published online by Cambridge University Press: 27 January 2017
Robert M. Hayden raises two very significant issues: He argues against laws that criminalize genocide denial, and he challenges the notion that a genocide occurred in Srebenica during the ex-Yugoslav wars of the early 1990s. Yet Hayden misreads the basis of the Hague Tribunal's genocide conviction in the Krstićcase and raises faulty comparisons in regard to limitations on free speech. The fundamental basis of the Tribunal's decision was that by killing seven to eight thousand Muslim men, Serb nationalists intended to prevent the Srebenica Muslim community from reproducing. Genocide denial laws have little in common with attacks on heresy in the medieval and early modern past. Moreover, a full consideraton of the problem of genocide and free speech would have to include cases in which the affirmation of genocide is criminalized, as in contemporary Turkey.
1. See Lemkin's, Raphael classic work, Axis Rule in Occupied Europe (Washington, D.C., 1944).Google Scholar
2. See Fein, Helen, “Genocide: A Sociological Perspective,” Current Sociology 38, no. 1 (March 1990): 1–126 CrossRefGoogle Scholar; Chalk, Frank and Jonassohn, Kurt, The History and Sociology of Genocide: Analyses and Case Studies (New Haven, 1990)Google Scholar; Mennecke, Martin and Markusen, Eric, “The International Criminal Tribunal for the Former Yugoslavia and the Crime of Genocide,“ in Jensen, Steven L. B., ed., Genocide: Cases, Comparisons, and Contemporary Debates, (Copenhagen, 2003), 293–350 Google Scholar; and Semelin, Jacques, Purify and Destroy: The Political Uses of Massacre and Genocide, trans. Schoch, Cynthia (New York, 2007).Google Scholar
3. “Radislav Krstić Becomes the First Person to Be Convicted of Genocide at the ICTY and Is Sentenced to 46 Years Imprisonment,” ICTY Trial Chamber, The Hague, 2 August 2001, OF/P.I.S:/609e atwwvv.un.org/icty/pressreal/p609-e.htm (last consulted 25 February 2008).
4. See his major study, written before the Krstić decision; Schabas, William A., Genocide in International Law: The Crimes of Crimes (Cambridge, Eng., 2000)Google Scholar. For some of his initial reservations about Krstić, see Schabas, William A., “Was Genocide Committed in Bosnia and Herzegovina? First Judgments of the International Criminal Tribunal for the Former Yugoslavia,” Fordham International Law Journal 25, no. 1 (November 2001): 23–53, esp. 45-47,50-51.Google Scholar