## Facts

- Radislav Krstić, a Bosnian Serb Army (VRS) General-Major, commanded the Drina Corps during the July 1995 takeover of the Srebrenica “safe area.”
- Following the fall of Srebrenica, Bosnian Serb forces separated Bosnian Muslim men from women, children, and the elderly; the latter were forcibly transported out of the area.
- Between approximately 7,000 and 8,000 Bosnian Muslim men were systematically executed after detention and transport.
- The Trial Chamber convicted Krstić as a principal (co-perpetrator) of genocide and also convicted him of persecution and murder as a violation of the laws or customs of war; it imposed a 46-year sentence.
- On appeal, the Defence contested (among other matters) whether genocide occurred, whether the targeted population constituted a “substantial part” of a protected group, and whether Krstić’s liability was properly characterized as principal responsibility.
- The Prosecution appealed aspects of the Trial Chamber’s findings and sought to preserve the genocide conviction and the seriousness of the sentence.
- Evidence on appeal included proof that Drina Corps personnel and resources were used for detention, transportation, logistics, and other support connected to the mass executions.

## Issues

1. Whether the killings and related conduct in and after the fall of Srebrenica in July 1995 constituted genocide, including whether the Bosnian Muslims of Srebrenica were a “substantial part” of the protected group and whether perpetrators had intent to destroy that part.
2. Whether Krstić was correctly convicted as a principal perpetrator of genocide, including whether the evidence proved beyond reasonable doubt his participation in a genocidal joint criminal enterprise.
3. Whether Krstić’s responsibility for genocide was more accurately characterized as aiding and abetting rather than co-perpetration.
4. Whether the original 46-year sentence remained appropriate given any re-characterization of liability.

## Decision

- The Appeals Chamber unanimously affirmed that genocide was committed at Srebrenica in 1995 against Bosnian Muslims.
- The Appeals Chamber upheld Krstić’s conviction for genocide but reclassified his mode of liability from principal perpetration to aiding and abetting genocide.
- The Appeals Chamber concluded that Krstić knew Drina Corps resources were being used in support of the executions and that his permission and facilitation constituted a substantial contribution, even if he was not proved to be among the architects or supporters of the plan.
- In light of the reclassification, the Appeals Chamber reduced Krstić’s sentence from 46 years to 35 years’ imprisonment.
- The Appeals Chamber largely maintained the essential findings that Krstić played a major role in the broader criminal campaign connected to Srebrenica, while adjusting certain aspects of convictions and characterizations.

## Legal Principles

- A “part” of a protected group qualifies for genocide if it is significant enough to affect the group as a whole, assessed by both quantitative size and qualitative factors such as prominence or strategic importance.
- Genocidal intent (dolus specialis) may be inferred from the overall pattern of conduct and contextual factors, including systematic killings and coordinated measures directed at destroying a targeted community.
- Principal liability for genocide requires proof beyond reasonable doubt that the accused participated as an architect or co-perpetrator in implementing the genocidal plan; support alone is insufficient for principal characterization.
- Aiding and abetting genocide attaches where the accused knows of the genocidal intent and provides practical assistance, encouragement, or moral support that has a substantial effect on the commission of genocide.
- Recharacterizing liability from principal perpetration to aiding and abetting can warrant sentence reduction, but aiding and abetting genocide remains among the most serious international crimes and supports very severe punishment.

## Conclusion

The ICTY Appeals Chamber unanimously confirmed that the Srebrenica atrocities constituted genocide and held Krstić criminally responsible for genocide, but limited his liability to aiding and abetting based on proof that he knowingly enabled the operation through Drina Corps resources; it accordingly reduced his sentence to 35 years while emphasizing the gravity of even secondary participation in genocide.


Prosecutor v. Krstić, Case No. IT-98-33-A (Int’l Crim. Trib. for the Former Yugoslavia Apr. 19, 2004)