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I. INTRODUCTION On 18 April 2004, the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) concluded that the crime of genocide had been commit- ted on the territory of the former Yugoslavia.' The determination brings to a conclu- sion much uncertainty in the case law of the International Tribunal. It finally provides an answer to the question: 'Was genocide committed in the former Yugoslavia?' Until recently, there has been little disagreement about using the term 'ethnic cleansing' to describe the campaigns of brutal persecution of ethnic groups during the wars. Finally, it will be said, these practices have been called by their real name, genocide. The ruling is full of implications for two other protracted affairs, the ongoing and seemingly end- less trial of Slobodan Milosevic before the ICTY2 and the stalled and still-pending case filed by Bosnia and Herzegovina against the Federal Republic of Yugoslavia in 1993.3 In the early years of the Tribunal's activities, the Prosecutor was extremely cau- tious in presenting indictments for genocide, provided for in Article 4 of the Statute of the International Criminal Tribunal for the former Yugoslavia,^ opting for the broader and more general qualification of atrocities
European Yearbook of Minority Issues Online – Brill
Published: Jan 1, 2003
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