Under Count 1, the Prosecution alleged that in seven of the Municipalities, namelyBratunac, Foča, Ključ, Prijedor, Sanski Most, Vlasenica, and Zvornik, the allegedpersecutory campaign included or escalated to include conduct and intent which amountedto genocide. The Chamber finds that in these municipalities, members of the protectedgroups, i.e., Bosnian Muslims and Bosnian Croats, were killed and subjected to seriousbodily or mental harm, and therefore that the actus reus requirements for Articles 4(2)(a)and 4(2)(b) of the Statute have been satisfied. However, with respect to acts under Article4(2)(c) of the Statute, while the Chamber finds that Bosnian Muslims and Bosnian Croatswere held in terrible conditions, it is not convinced that the evidence demonstrated thatthis amounted to conditions of life calculated to bring about the physical destruction of theBosnian Muslims or Bosnian Croats in these municipalities. Further, the Chamber is notsatisfied that the acts falling under Article 4(2)(a) and 4(2)(b) of the Statute were carriedout with genocidal intent, that is, with intent to destroy in part the Bosnian Muslim orBosnian Croat groups as such. In conclusion, the Chamber was unable to identify or infergenocidal intent on the part of the Accused, the alleged JCE members, the physicalperpetrators of these acts or from the pattern of crimes which were committed in thesemunicipalities. Having analysed the totality of the evidence on this issue, the Chamber isnot satisfied that the only reasonable inference was that there existed an intent to destroypart of the Bosnian Muslim and/or Bosnian Croat groups in these municipalities as such.
TheChamber therefore does not have sufficient evidence to find beyond reasonable doubt thatgenocide was committed in these municipalities.
Wo du Recht hast
