In the Mind of the Crime: Proving the Mens Rea of Genocidal Intent in the Words of Ratko Mladić and Other Members of the Joint Criminal Enterprise
Propaganda and International Criminal Law: From Cognition to Criminality (Routledge 2020)
27 Pages Posted: 31 Dec 2019
Date Written: November 4, 2019
In this chapter, Dojčinović focuses on the specific research and analytical project within the Office of the Prosecutor (OTP) of the ICTY in the trial of Ratko Mladić, the Commander of the Bosnian Serb Army (VRS). The analytical model designed and utilized throughout this trial is based on the specific speech acts and utterances identified in all categories of evidence indicating genocidal and persecutory intent of the Accused shared with other members of the joint criminal enterprise (JCE) at all levels. The chapter places strong emphasis on the semantic content of the utterances, the type of intent identified in the utterances, the effect they may have had on the principle perpetrators, as well as their relevance, probative value and modes of admissibility as a special category of evidence. Ultimately, the chapter demonstrates that international criminal proceedings have seen the emergence of a new type of key evidence: a cognitive, linguistic, contextually-determined manifestation of mens rea within a shared historical, political and cultural referential framework. Dojčinović argues that this emerging body of evidence requires a new set of rules and methods in international criminal proceedings, and a more comprehensive intellectual, scientifically-minded approach to the identification and interpretation of mental elements in mass atrocity crimes.
Keywords: ICL; genocidal intent; persecutory intent; ICTY; Ratko Mladić; speech acts
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