The Srebrenica Genocide and the Bosnian War

Tested against the primary record

1. QualifiedThe total number of men executed is likely to be within the range of 7,000 to 8,000.

   Rests on documents from: International Criminal Tribunal for the former Yugoslavia; United Nations General Assembly.

   The tribunal's 2001 range rests on exhumations to 2000 and a stated minimum of 2,028 bodies; the General Assembly's 2024 resolution counts at least 8,372 lives lost. Two producers, two figures; the later and larger count is the one the record now carries, so the tribunal's range stands as a floor, not a total.

   The 3 extracts it rests on

   1. International Criminal Tribunal for the former Yugoslavia, Trial Chamber, Prosecutor v. Radislav Krstić, Judgement (2001)¶ 84Exhibit 2

      84. The Trial Chamber is satisfied that, in July 1995, following the take-over of Srebrenica, Bosnian Serb forces executed several thousand Bosnian Muslim men. The total number is likely to be within the range of 7,000 -8,000 men.

   2. International Criminal Tribunal for the former Yugoslavia, Trial Chamber, Prosecutor v. Radislav Krstić, Judgement (2001)¶ 80

      80. It is impossible to determine with precision the number of Bosnian Muslim men killed by Bosnian Serb forces following the take-over of Srebrenica in July 1995. During the course of the exhumations conducted by the OTP, the process of identifying the number of bodies was complicated by the fact that, in the course of being removed from primary gravesites to secondary gravesites, the corpses were broken up and body parts became intermingled. However, as already noted, experts were able to conservatively determine that the minimum number of bodies in the graves exhumed was 2028.165

   3. United Nations General Assembly, Resolution 78/282. International Day of Reflection and... (2024)whole document

      Resolution adopted by the General Assembly on 23 May 2024 [without reference to a Main Committee (A/78/L.67/Rev.1)] 78/282. International Day of Reflection and Commemoration of the 1995 Genocide in Srebrenica The General Assembly, Guided by the Charter of the United Nations, the Universal Declaration of Human Rights1 and the Convention on the Prevention and Punishment of the Crime of Genocide,2 Recalling Security Council resolution 819 (1993) of 16 April 1993 declaring Srebrenica a safe area, resolution 827 (1993) of 25 May 1993 concerning the establishment of the International Tribunal for the Former Yugoslavia and resolution 1966 (2010) of 22 December 2010 concerning the establishment of the International Residual Mechanism for Criminal Tribunals, Recalling also all judgments of the International Tribunal for the Former Yugoslavia, in particular eight that contain guilty verdicts for the crime of genocide against Bosnian Muslims committed at Srebrenica in 1995, most notably the Tribunal Appeals Chamber judgment of 19 April 2004 (The Prosecutor v. Krstić), the International Residual Mechanism for Criminal Tribunals Appeals Chamber judgment of 8 June 2021 (The Prosecutor v. Mladić) and the Mechanism Appeals Chamber judgment of 20 March 2019 (The Prosecutor v. Karadžić), as well as the judgment of the International Court of Justice of 26 February 2007, in which the Court determined that the acts committed in Srebrenica constituted acts of genocide, Reaffirming its strong opposition to impunity for genocide, crimes against humanity, war crimes or other violations of international humanitarian law and international human rights law, and emphasizing in this context the responsibility of States to end impunity and, to that end, to thoroughly investigate and prosecute, in __________________ 1 Resolution 217 A (III). 2 Resolution 260 A (III), annex. A/RES/78/282 International Day of Reflection and Commemoration of the 1995 Genocide in Srebrenica 24-09647 2/3 accordance with their relevant international legal obligations and their domestic law, persons responsible for such acts, in order to avoid their recurrence and to seek sustainable peace, justice, truth and reconciliation, for which the participation of victims and survivors as well as their family members is central, Welcoming the important progress made by international courts in recent years with respect to the fight against impunity and in ensuring accountability for genocide, crimes against humanity, war crimes and other egregious crimes achieved through the international criminal justice system, Recognizing in this regard the particular contribution of the International Tribunal for the Former Yugoslavia, and emphasizing the importance of the international community being prepared to take collective action through the Security Council, in accordance with the Charter, and on a case-by-case basis to further ensure accountability for and the prevention of genocide, Reiterating that criminal accountability under international law for the crime of genocide is individualized and cannot be attributed to any ethnic, religious or other group or community as a whole, Taking note of the role of the Special Advisers to the Secretary-General on the Prevention of Genocide and on the Responsibility to Protect, and noting the importance of regular briefings on human rights and international humanitarian law violations as well as on hate speech and incitement in raising early awareness of potential genocide, Noting that the prosecution of persons responsible for genocide and other international crimes in national justice systems, including the Court of Bosnia and Herzegovina, and the International Tribunal for the Former Yugoslavia as well as the International Residual Mechanism for Criminal Tribunals, remains central to the process of national reconciliation and trust-building and to the restoration and maintenance of peace in Bosnia and Herzegovina, and recognizing that strong regional cooperation between national prosecutors’ offices is essential in fostering peace, justice, truth and reconciliation among countries in the region, Reiterating the unwavering commitment to maintaining stability and fostering unity in diversity in Bosnia and Herzegovina, Noting that 2025 will mark the thirtieth anniversary of the genocide in Srebrenica, in which at least 8,372 lives were lost, thousands were displaced and families and communities were devastated, 1. Decides to designate 11 July as the International Day of Reflection and Commemoration of the 1995 Genocide in Srebrenica, to be observed annually; 2. Condemns without reservation any denial of the Srebrenica genocide as a historical event, and urges Member States to preserve the established facts, including through their educational systems by developing appropriate programmes, also in remembrance, towards preventing denial and distortion, and occurrence of genocides in the future; 3. Also condemns without reservation actions that glorify those convicted of war crimes, crimes against humanity and genocide by international courts, including those responsible for the Srebrenica genocide; 4. Emphasizes the importance of completing the process of finding and identifying the remaining victims of the Srebrenica genocide and according them dignified burials, and calls for the continued prosecution of those perpetrators of the Srebrenica genocide who have yet to face justice; International Day of Reflection and Commemoration of the 1995 Genocide in Srebrenica A/RES/78/282 3/3 24-09647 5. Urges all States to fully adhere to their obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, as applicable, and customary international law on the prevention and punishment of genocide, with due regard to relevant decisions of the International Court of Justice; 6. Requests the Secretary-General to establish an outreach programme entitled “The Srebrenica Genocide and the United Nations”, starting its activities with preparations for the thirtieth anniversary in 2025, and also requests the Secretary- General to bring the present resolution to the attention of all Member States, organizations of the United Nations system and civil society organizations for appropriate observance; 7. Invites all Member States, organizations of the United Nations system, other international and regional organizations and civil society, including non- governmental organizations, academic institutions and other relevant stakeholders to observe the International Day, including special observances and activities in memory and honour of the victims of the 1995 genocide in Srebrenica, as well as appropriate education and public awareness-raising activities. 82nd plenary meeting

2. QualifiedThe bodies in the graves were not combat casualties but executed prisoners.

   Rests on documents from: International Criminal Tribunal for the former Yugoslavia; United Nations Secretary-General.

   The Secretariat's report reproduces the confirming judge's 1995 summary of the same evidence, so a second producer records the same finding; but the tribunal itself does not rule out that a share of the bodies were men killed in combat, and a claim the court hedges cannot be stronger on this page than in the judgment.

   The 3 extracts it rests on

   1. International Criminal Tribunal for the former Yugoslavia, Trial Chamber, Prosecutor v. Radislav Krstić, Judgement (2001)¶ 75

      75. The results of the forensic investigations suggest that the majority of bodies exhumed were not killed in combat; they were killed in mass executions. Investigators discovered at least 448 blindfolds on or with the bodies uncovered during the exhumations at ten separate sites.151 423 ligatures were located during exhumations at 13 separate sites.152 Some of the ligatures were made of cloth and string, but predominately they were made of wire.153 These ligatures and blindfolds are inconsistent with combat casualties. The Prosecution also relied on forensic evidence that the overwhelming majority of victims located in the graves, for who a cause of death could be determined, were killed by gunshot wounds.154 The exhumations also revealed that some of the victims were severely handicapped and, for that reason, unlikely to have been combatants.155

   2. International Criminal Tribunal for the former Yugoslavia, Trial Chamber, Prosecutor v. Radislav Krstić, Judgement (2001)¶ 77

      77. The Trial Chamber cannot rule out the possibility that a percentage of the bodies in the gravesites examined may have been of men killed in combat.

   3. United Nations Secretary-General, Report of the Secretary-General pursuant to General... (1999)¶ 2

      2. On 16 November 1995, the International Tribunal for the Former Yugoslavia indicted Radovan Karad• ie (“President of the Republika Srpska”) and Ratko Mladie (Commander of the Bosnian Serb Army) for their alleged direct responsibility for the atrocities committed in July 1995 against the Bosnian Muslim population of the United Nations-designated safe area of Srebrenica. After a review of the evidence submitted by the Prosecutor, Judge Riad confirmed the indictment, stating that: “After Srebrenica fell to besieging Serbian forces in July 1995, a truly terrible massacre of the Muslim population appears to have taken place. The evidence tendered by the Prosecutor describes scenes of unimaginable savagery: thousands of men executed and buried in mass grave s, hundreds of men buried alive, men and women mutilated and slaughtered, children killed before their mothers’ eyes, a grandfather forced to eat the liver of his own grandson. These are truly scenes from hell, written on the darkest pages of human history.”1

Tested against the primary record

1. SupportedThe Netherlands battalion was lightly armed and outnumbered by a besieging force of 1,000 to 2,000 well-equipped soldiers.

   Rests on documents from: International Criminal Tribunal for the former Yugoslavia; United Nations Secretary-General.

   The tribunal, from its own evidence, puts the peacekeepers at no more than 600 lightly armed men and the Drina Corps at between 1,000 and 2,000 soldiers with tanks, armoured vehicles, artillery and mortars, which is the Secretariat's account in different words. Two producers agree on the numbers and the arms.

   The 4 extracts it rests on

   1. United Nations Secretary-General, Report of the Secretary-General pursuant to General... (1999)¶ 230

      230. In contrast to the lightly armed Netherlands peacekeepers, the Serbs were prepared for war. They used 1,000 to 2,000 well-equipped soldiers from three brigades of the BSA Fifth “Drina” Corps to maintain the siege around the enclave. Additional units, including reconnaissance and special forces, could be brought in from other areas when needed. The Serbs were armed with tanks, tracked armoured vehicles, artillery and mortars. They had a well-developed system of command, control and communications, as well as superior capabilities in basic intelligence, information and psychological operations. The Serbs were also well supplied, and officers were paid with funds provided by the Yugoslav Army. Combined with their control of the most important strategic positions, the BSA was assessed to enjoy an overwhelming military advantage over the Bosnian Government forces in the enclave. Although the Bosniacs were numerically superior (3,000 to 4,000 men in the Twenty-eighth Division), they had no heavy weapons, with the exception of a small number of anti-tank missiles that had been smuggled in (but which, it turned out, they did not know how to operate), and some light mortars.

   2. United Nations Secretary-General, Report of the Secretary-General pursuant to General... (1999)¶ 472

      472. It is true that the UNPROFOR troops in Srebrenica never fired at the attacking Serbs. They fired warning shots over the Serbs’ heads and their mortars fired flares, but they never fired directly on any Serb units. Had they engaged the attacking Serbs directly it is possible that events would have unfolded differently. At the same time, it must be recognized that the 150 fighting men of Dutchbat were lightly armed and in indefensible positions, and were faced with 2,000 Serbs advancing with the support of armour and artillery.

   3. International Criminal Tribunal for the former Yugoslavia, Trial Chamber, Prosecutor v. Radislav Krstić, Judgement (2001)¶ 20

      20. On 18 April 1993, the first group of UNPROFOR troops arrived in Srebrenica. Fresh troops were rotated approximately every six months after that. The peacekeepers were lightly armed and at any one time numbered no more than 600 men (a much smaller force than had been originally requested).22 They established a small command centre (the “Bravo Company compound”) in Srebrenica itself and a larger main compound about five kilometres north of the town in Potocari. In addition, the UNPROFOR peacekeepers manned thirteen observation posts (“Ops ) marking the perimeter of the enclave. Most of the time, groups of Bosnian Serb and Bosnian Muslim soldiers also maintained shadow positions near these outposts. In January 1995, a new set of UNPROFOR troops (a battalion from the Netherlands, colloquially referred to as “Dutch Bat”) rotated into the enclave.

   4. International Criminal Tribunal for the former Yugoslavia, Trial Chamber, Prosecutor v. Radislav Krstić, Judgement (2001)¶ 21

      21. Generally, the Bosnian Serb forces surrounding the enclave were considered well disciplined and well armed.23 The VRS was organised on a geographic basis and Srebrenica fell within the domain of the Drina Corps. Between 1,000 and 2,000 soldiers from three Drina Corps Brigades were deployed around the enclave.24 These Bosnian Serb forces were equipped with tanks, armoured vehicles, artillery and mortars. The unit of the ABiH that remained in the enclave – the 28th Division - was not well organised or well equipped. A firm command structure and communications system was lacking,25 some ABiH soldiers carried old hunting rifles or no weapons at all and few had proper uniforms.26 However, the Trial Chamber also heard evidence that the 28th Division was not as weak as they have been portrayed in some quarters.27

2. Cannot be tested from the free recordUp to 20,000 people were killed in and around the six safe areas.

   Rests on an absence in the free record.

   No document in the free record counts the dead across all six safe areas; the tribunal counts Srebrenica alone. The figure stands as the Secretariat's and nothing here can test it.

   The extract it rests on

   1. United Nations Secretary-General, Report of the Secretary-General pursuant to General... (1999)¶ 3

      3. The United Nations had a mandate to “deter attacks” on Srebrenica and five other “safe areas” in Bosnia and Herzegovina. Despite that mandate, up to 20,000 people, overwhelmingly from the Bosnian Muslim community, were killed in and around the safe areas. In addition, a majority of the 117 members of the United Nations Protection Force (UNPROFOR) who lost their lives in Bosnia and Herzegovina died in or around the safe areas. In requesting the submission of the present report, the General Assembly has afforded me the opportunity to explain why the United Nations failed to deter the Serb attack on Srebrenica and the appalling events that followed.

Tested against the primary record

1. QualifiedAbout 350 male refugees were inside the compound on 13 July 1995.

   Rests on documents from: Supreme Court of the Netherlands (Hoge Raad); International Criminal Tribunal for the former Yugoslavia.

   The tribunal's witnesses put at least 300 men inside the perimeter of the compound on the evening of 11 July and 600 to 900 in the crowd outside; the Dutch court's approximately 350 male refugees still in the compound on 13 July is of the same order and from a different producer. The two counts are not of the same day, so they agree without confirming each other.

   The 2 extracts it rests on

   1. Supreme Court of the Netherlands (Hoge Raad), Civil Law Division, Mothers of Srebrenica (2019)§ 4

      4.6.5 Part 3.4.2 complains about the Court of Appeal's opinion (in para. 63.4) that the State has insufficiently substantiated the argument that the living conditions in the compound were such that it was impossible to keep the approx. 350 male refugees behind in the compound.

   2. International Criminal Tribunal for the former Yugoslavia, Trial Chamber, Prosecutor v. Radislav Krstić, Judgement (2001)¶ 37

      37. Faced with the reality that Srebrenica had fallen under Bosnian Serb forces control, thousands of Bosnian Muslim residents from Srebrenica fled to Poto~ari seeking protection within the UN compound. By the evening of 11 July 1995, approximately 20,000 to 25,000 Bosnian Muslim refugees were gathered in Potocari. Several thousand had pressed inside the UN compound itself, while the rest were spread throughout the neighbouring factories and fields. Though the vast majority were women, children, elderly or disabled,63 witnesses estimated that there were at least 300 men inside the perimeter of the UN compound and between 600 and 900 men in the crowd outside.64

2. QualifiedThe United Nations' immunity from Dutch jurisdiction served a legitimate purpose and was not disproportionate.

   Rests on documents from: European Court of Human Rights. One producer, so the verdict is capped at qualified.

   The Strasbourg court's own decision is the only record of this holding in the free ledger, and the same decision records that the claims commission the 1993 status agreement required was never set up. One producer, so the verdict is capped at qualified, and the court's own finding of the unmet remedy is the qualification.

   The 3 extracts it rests on

   1. European Court of Human Rights, Third Section, Stichting Mothers of Srebrenica and Others v. the... (2013)¶ 154

      154. The Court finds that since operations established by United Nations Security Council resolutions under Chapter VII of the United Nations Charter are fundamental to the mission of the United Nations to secure international peace and security, the Convention cannot be interpreted in a manner which would subject the acts and omissions of the Security Council to domestic jurisdiction without the accord of the United Nations.

   2. European Court of Human Rights, Third Section, Stichting Mothers of Srebrenica and Others v. the... (2013)¶ 169

      169. The above findings lead the Court to find that in the present case the grant of immunity to the United Nations served a legitimate purpose and was not disproportionate.

   3. European Court of Human Rights, Third Section, Stichting Mothers of Srebrenica and Others v. the... (2013)¶ 162

      162. The only international instrument on which individuals could base a right to a remedy against the United Nations in relation to the acts and omissions of UNPROFOR is the Agreement on the status of the United Nations Protection Force in Bosnia and Herzegovina of 15 May 1993, 1722 United Nations Treaty Series (UNTS) 77, Article 48 of which requires that a claims commission be set up for that purpose. However, it would appear that this has not been done.

Tested against the primary record

1. QualifiedThe NIOD report's findings of fact were adopted by the Dutch courts as the established facts of the case.

   Rests on documents from: Supreme Court of the Netherlands (Hoge Raad). One producer, so the verdict is capped at qualified.

   The Supreme Court's judgment builds its established facts on the NIOD report and cites it by page, so the report's authority in the Dutch record is documented; but the judgment is one producer and the report itself could not be read, so the verdict is capped at qualified.

   The extract it rests on

   1. Supreme Court of the Netherlands (Hoge Raad), Civil Law Division, Mothers of Srebrenica (2019)§ 5

      5.1 Briefly put, the foregoing entails that the State is liable to a more limited degree than determined by the Court of Appeal. In so far as this case concerns the acts of Dutchbat until 23:00 on 11 July 1995, those acts were performed under the command and control of the UN, without the State exercising effective control in that regard. Those acts cannot be attributed to the State for that reason. The State cannot be held liable for the fact that Dutchbat was unable to prevent Srebrenica from being captured by the Bosnian Serbs. In the period starting from 23:00 on 11 July 1995, after Srebrenica had been conquered and after it was decided to evacuate the Bosnian Muslims who had fled to the mini safe area, the State did have effective control of Dutchbat's conduct. That conduct can be attributed to the State for that reason. The evacuation – which, in hindsight, turned into deportation of the male refugees by the Bosnian Serbs – commenced in the afternoon of Wednesday, 12 July 1995, with Dutchbat's cooperation. From the evening of 12 July 1995 Dutchbat became aware that the male refugees, after being separated from the other refugees by the Bosnian Serbs, ran a real risk of violation of their rights to physical integrity and life by the Bosnian Serbs. The continued cooperation in the evacuation of refugees on Thursday, 13 July 1995, was not wrongful, however. Although Dutchbat knew of the aforementioned realistic danger to the male refugees, Dutchbat discontinuing its cooperation could not have changed this, as the Bosnian Serbs would continue the evacuation. By continuing to cooperate in the evacuation, in any event Dutchbat could prevent women, children and the elderly from being trampled. This is why it was not wrongful for Dutchbat to continue its cooperation in the evacuation. However, the latter is different in respect of the evacuation at the end of the afternoon of 13 July 1995 of the refugees who were inside the compound. Dutchbat failed to offer the male refugees in the compound the choice of staying behind there, even though that was possible. As a result, Dutchbat withheld from these male refugees the chance of escaping from the Bosnian Serbs. That was wrongful. The chance that the male refugees, had they been offered this choice, would have escaped the Bosnian Serbs was small, but not negligible. That chance is estimated at 10%. This is why the liability of the State is limited to 10% of the damage suffered by the surviving relatives of these male refugees.

Tested against the primary record

1. ContradictedThe real number of Muslim victims is between 800 and 1,200, and the figure of 8,000 is exaggerated.

   Rests on documents from: International Criminal Tribunal for the former Yugoslavia; United Nations General Assembly.

   By 2000 the prosecution's exhumations had established a minimum of 2,028 bodies in the graves examined, above the position's ceiling of 1,200 before a single unexhumed grave is counted; the tribunal's range is 7,000 to 8,000, and the General Assembly's resolution recites at least 8,372 lives lost, a recital of a figure and not a count of its own. Two producers, the tribunal and the General Assembly, contradict the figure.

   The 3 extracts it rests on

   1. International Criminal Tribunal for the former Yugoslavia, Trial Chamber, Prosecutor v. Radislav Krstić, Judgement (2001)¶ 80

      80. It is impossible to determine with precision the number of Bosnian Muslim men killed by Bosnian Serb forces following the take-over of Srebrenica in July 1995. During the course of the exhumations conducted by the OTP, the process of identifying the number of bodies was complicated by the fact that, in the course of being removed from primary gravesites to secondary gravesites, the corpses were broken up and body parts became intermingled. However, as already noted, experts were able to conservatively determine that the minimum number of bodies in the graves exhumed was 2028.165

   2. International Criminal Tribunal for the former Yugoslavia, Trial Chamber, Prosecutor v. Radislav Krstić, Judgement (2001)¶ 84Exhibit 2

      84. The Trial Chamber is satisfied that, in July 1995, following the take-over of Srebrenica, Bosnian Serb forces executed several thousand Bosnian Muslim men. The total number is likely to be within the range of 7,000 -8,000 men.

   3. United Nations General Assembly, Resolution 78/282. International Day of Reflection and... (2024)whole document

      Resolution adopted by the General Assembly on 23 May 2024 [without reference to a Main Committee (A/78/L.67/Rev.1)] 78/282. International Day of Reflection and Commemoration of the 1995 Genocide in Srebrenica The General Assembly, Guided by the Charter of the United Nations, the Universal Declaration of Human Rights1 and the Convention on the Prevention and Punishment of the Crime of Genocide,2 Recalling Security Council resolution 819 (1993) of 16 April 1993 declaring Srebrenica a safe area, resolution 827 (1993) of 25 May 1993 concerning the establishment of the International Tribunal for the Former Yugoslavia and resolution 1966 (2010) of 22 December 2010 concerning the establishment of the International Residual Mechanism for Criminal Tribunals, Recalling also all judgments of the International Tribunal for the Former Yugoslavia, in particular eight that contain guilty verdicts for the crime of genocide against Bosnian Muslims committed at Srebrenica in 1995, most notably the Tribunal Appeals Chamber judgment of 19 April 2004 (The Prosecutor v. Krstić), the International Residual Mechanism for Criminal Tribunals Appeals Chamber judgment of 8 June 2021 (The Prosecutor v. Mladić) and the Mechanism Appeals Chamber judgment of 20 March 2019 (The Prosecutor v. Karadžić), as well as the judgment of the International Court of Justice of 26 February 2007, in which the Court determined that the acts committed in Srebrenica constituted acts of genocide, Reaffirming its strong opposition to impunity for genocide, crimes against humanity, war crimes or other violations of international humanitarian law and international human rights law, and emphasizing in this context the responsibility of States to end impunity and, to that end, to thoroughly investigate and prosecute, in __________________ 1 Resolution 217 A (III). 2 Resolution 260 A (III), annex. A/RES/78/282 International Day of Reflection and Commemoration of the 1995 Genocide in Srebrenica 24-09647 2/3 accordance with their relevant international legal obligations and their domestic law, persons responsible for such acts, in order to avoid their recurrence and to seek sustainable peace, justice, truth and reconciliation, for which the participation of victims and survivors as well as their family members is central, Welcoming the important progress made by international courts in recent years with respect to the fight against impunity and in ensuring accountability for genocide, crimes against humanity, war crimes and other egregious crimes achieved through the international criminal justice system, Recognizing in this regard the particular contribution of the International Tribunal for the Former Yugoslavia, and emphasizing the importance of the international community being prepared to take collective action through the Security Council, in accordance with the Charter, and on a case-by-case basis to further ensure accountability for and the prevention of genocide, Reiterating that criminal accountability under international law for the crime of genocide is individualized and cannot be attributed to any ethnic, religious or other group or community as a whole, Taking note of the role of the Special Advisers to the Secretary-General on the Prevention of Genocide and on the Responsibility to Protect, and noting the importance of regular briefings on human rights and international humanitarian law violations as well as on hate speech and incitement in raising early awareness of potential genocide, Noting that the prosecution of persons responsible for genocide and other international crimes in national justice systems, including the Court of Bosnia and Herzegovina, and the International Tribunal for the Former Yugoslavia as well as the International Residual Mechanism for Criminal Tribunals, remains central to the process of national reconciliation and trust-building and to the restoration and maintenance of peace in Bosnia and Herzegovina, and recognizing that strong regional cooperation between national prosecutors’ offices is essential in fostering peace, justice, truth and reconciliation among countries in the region, Reiterating the unwavering commitment to maintaining stability and fostering unity in diversity in Bosnia and Herzegovina, Noting that 2025 will mark the thirtieth anniversary of the genocide in Srebrenica, in which at least 8,372 lives were lost, thousands were displaced and families and communities were devastated, 1. Decides to designate 11 July as the International Day of Reflection and Commemoration of the 1995 Genocide in Srebrenica, to be observed annually; 2. Condemns without reservation any denial of the Srebrenica genocide as a historical event, and urges Member States to preserve the established facts, including through their educational systems by developing appropriate programmes, also in remembrance, towards preventing denial and distortion, and occurrence of genocides in the future; 3. Also condemns without reservation actions that glorify those convicted of war crimes, crimes against humanity and genocide by international courts, including those responsible for the Srebrenica genocide; 4. Emphasizes the importance of completing the process of finding and identifying the remaining victims of the Srebrenica genocide and according them dignified burials, and calls for the continued prosecution of those perpetrators of the Srebrenica genocide who have yet to face justice; International Day of Reflection and Commemoration of the 1995 Genocide in Srebrenica A/RES/78/282 3/3 24-09647 5. Urges all States to fully adhere to their obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, as applicable, and customary international law on the prevention and punishment of genocide, with due regard to relevant decisions of the International Court of Justice; 6. Requests the Secretary-General to establish an outreach programme entitled “The Srebrenica Genocide and the United Nations”, starting its activities with preparations for the thirtieth anniversary in 2025, and also requests the Secretary- General to bring the present resolution to the attention of all Member States, organizations of the United Nations system and civil society organizations for appropriate observance; 7. Invites all Member States, organizations of the United Nations system, other international and regional organizations and civil society, including non- governmental organizations, academic institutions and other relevant stakeholders to observe the International Day, including special observances and activities in memory and honour of the victims of the 1995 genocide in Srebrenica, as well as appropriate education and public awareness-raising activities. 82nd plenary meeting

2. ContradictedNo statement by a Republika Srpska official wanting the Muslim population destroyed can be found, so there was no intent and no genocide.

   Rests on documents from: International Criminal Tribunal for the former Yugoslavia; Marko P. Atlagić and Aleksandar L. Martinović; United Nations General Assembly.

   The position's strongest line is that its authors could not find a statement of intent. The tribunal did not infer intent from a statement: the Trial Chamber found the intent to kill all the military-aged men to be, in itself, an intent to destroy the group in part, and the Appeals Chamber affirmed that the forces deliberately and methodically killed the male prisoners solely on the basis of their identity and called the crime genocide; the Mladić chamber convicted on the Srebrenica genocide count; the General Assembly recites eight genocide verdicts and the ICJ's 2007 determination. The absence the position relies on is not the test the courts applied, and two producers carry the finding.

   The 5 extracts it rests on

   1. Marko P. Atlagić and Aleksandar L. Martinović, The Srebrenica massacre of 1995 is the biggest triumph... (2021)p. 16

      Searching in their research, the authors could not find a single statement by Republika Srpska officials who, before the war, during the war or during Operation Srebrenica, stated that they wanted to destroy the Muslim population, their language or script or cultural and religious monuments. During the liberation of Srebrenica, the Republika Srpska Army passed through 42 Muslim villages and did not leave behind a single killed civilian, woman, child or wounded. That was the biggest surprise for the directors of the war and Srebrenica. Furthermore, the Army of the Republika Srpska had no plan to destroy the Muslim population or capture Srebrenica, it just wanted to reduce the enclave to Srebrenica. The crime in Srebrenica was prepared by Bill Clinton, Alija Izetbegović and Franjo Tuđman. Clinton told Izetbegović that at least 5,000 Muslims must be killed for NATO to bomb Serbs.

   2. International Criminal Tribunal for the former Yugoslavia, Trial Chamber, Prosecutor v. Radislav Krstić, Judgement (2001)¶ 598

      598. The Chamber concludes that the intent to kill all the Bosnian Muslim men of military age in Srebrenica constitutes an intent to destroy in part the Bosnian Muslim group within the meaning of Article 4 and therefore must be qualified as a genocide.

   3. International Criminal Tribunal for the former Yugoslavia, Appeals Chamber, Prosecutor v. Radislav Krstić, Judgement (Appeals Chamber) (2004)¶ 37

      37. The gravity of genocide is reflected in the stringent requirements which must be satisfied before this conviction is imposed. These requirements – the demanding proof of specific intent and the showing that the group was targeted for destruction in its entirety or in substantial part – guard against a danger that convictions for this crime will be imposed lightly. Where these requirements are satisfied, however, the law must not shy away from referring to the crime committed by its proper name. By seeking to eliminate a part of the Bosnian Muslims, the Bosnian Serb forces committed genocide. They targeted for extinction the forty thousand Bosnian Muslims living in Srebrenica, a group which was emblematic of the Bosnian Muslims in general. They stripped all the male Muslim prisoners, military and civilian, elderly and young, of their personal belongings and identification, and deliberately and methodically killed them solely on the basis of their identity. The Bosnian Serb forces were aware, when they embarked on this genocidal venture, that the harm they caused would continue to plague the Bosnian Muslims. The Appeals Chamber states unequivocally that the law condemns, in appropriate terms, the deep and lasting injury inflicted, and calls the massacre at Srebrenica by its proper name: genocide.

   4. International Criminal Tribunal for the former Yugoslavia, Trial Chamber, Prosecutor v. Ratko Mladić, Judgement, Volume IV of V (2017)¶ 5214

      5214. For all the foregoing reasons, pursuant to Articles 23 and 24 of the Statute and Rules 98 ter, 101, and 103 of the Rules, and having considered all of the evidence and the parties’ submissions, the Trial Chamber finds the Accused, Ratko Mladić: NOT GUILTY of Count 1: Genocide; and GUILTY of the following counts pursuant to Article 7(1) of the Statue: Count 2: Genocide; Count 3: Persecution, a crime against humanity; Count 4: Extermination, a crime against humanity; Count 5: Murder, a crime against humanity; Count 6: Murder, a violation of the laws or customs of war; Count 7: Deportation, a crime against humanity; Count 8: Inhumane acts (forcible transfer), a crime against humanity; Count 9: Terror, a violation of the laws or customs of war; Count 10: Unlawful attacks on civilians, a violation of the laws or customs of war; and Count 11: Taking of Hostages, a violation of the laws or customs of war. 5215. The Trial Chamber sentences Ratko Mladić to life imprisonment.

   5. United Nations General Assembly, Resolution 78/282. International Day of Reflection and... (2024)whole document

      Resolution adopted by the General Assembly on 23 May 2024 [without reference to a Main Committee (A/78/L.67/Rev.1)] 78/282. International Day of Reflection and Commemoration of the 1995 Genocide in Srebrenica The General Assembly, Guided by the Charter of the United Nations, the Universal Declaration of Human Rights1 and the Convention on the Prevention and Punishment of the Crime of Genocide,2 Recalling Security Council resolution 819 (1993) of 16 April 1993 declaring Srebrenica a safe area, resolution 827 (1993) of 25 May 1993 concerning the establishment of the International Tribunal for the Former Yugoslavia and resolution 1966 (2010) of 22 December 2010 concerning the establishment of the International Residual Mechanism for Criminal Tribunals, Recalling also all judgments of the International Tribunal for the Former Yugoslavia, in particular eight that contain guilty verdicts for the crime of genocide against Bosnian Muslims committed at Srebrenica in 1995, most notably the Tribunal Appeals Chamber judgment of 19 April 2004 (The Prosecutor v. Krstić), the International Residual Mechanism for Criminal Tribunals Appeals Chamber judgment of 8 June 2021 (The Prosecutor v. Mladić) and the Mechanism Appeals Chamber judgment of 20 March 2019 (The Prosecutor v. Karadžić), as well as the judgment of the International Court of Justice of 26 February 2007, in which the Court determined that the acts committed in Srebrenica constituted acts of genocide, Reaffirming its strong opposition to impunity for genocide, crimes against humanity, war crimes or other violations of international humanitarian law and international human rights law, and emphasizing in this context the responsibility of States to end impunity and, to that end, to thoroughly investigate and prosecute, in __________________ 1 Resolution 217 A (III). 2 Resolution 260 A (III), annex. A/RES/78/282 International Day of Reflection and Commemoration of the 1995 Genocide in Srebrenica 24-09647 2/3 accordance with their relevant international legal obligations and their domestic law, persons responsible for such acts, in order to avoid their recurrence and to seek sustainable peace, justice, truth and reconciliation, for which the participation of victims and survivors as well as their family members is central, Welcoming the important progress made by international courts in recent years with respect to the fight against impunity and in ensuring accountability for genocide, crimes against humanity, war crimes and other egregious crimes achieved through the international criminal justice system, Recognizing in this regard the particular contribution of the International Tribunal for the Former Yugoslavia, and emphasizing the importance of the international community being prepared to take collective action through the Security Council, in accordance with the Charter, and on a case-by-case basis to further ensure accountability for and the prevention of genocide, Reiterating that criminal accountability under international law for the crime of genocide is individualized and cannot be attributed to any ethnic, religious or other group or community as a whole, Taking note of the role of the Special Advisers to the Secretary-General on the Prevention of Genocide and on the Responsibility to Protect, and noting the importance of regular briefings on human rights and international humanitarian law violations as well as on hate speech and incitement in raising early awareness of potential genocide, Noting that the prosecution of persons responsible for genocide and other international crimes in national justice systems, including the Court of Bosnia and Herzegovina, and the International Tribunal for the Former Yugoslavia as well as the International Residual Mechanism for Criminal Tribunals, remains central to the process of national reconciliation and trust-building and to the restoration and maintenance of peace in Bosnia and Herzegovina, and recognizing that strong regional cooperation between national prosecutors’ offices is essential in fostering peace, justice, truth and reconciliation among countries in the region, Reiterating the unwavering commitment to maintaining stability and fostering unity in diversity in Bosnia and Herzegovina, Noting that 2025 will mark the thirtieth anniversary of the genocide in Srebrenica, in which at least 8,372 lives were lost, thousands were displaced and families and communities were devastated, 1. Decides to designate 11 July as the International Day of Reflection and Commemoration of the 1995 Genocide in Srebrenica, to be observed annually; 2. Condemns without reservation any denial of the Srebrenica genocide as a historical event, and urges Member States to preserve the established facts, including through their educational systems by developing appropriate programmes, also in remembrance, towards preventing denial and distortion, and occurrence of genocides in the future; 3. Also condemns without reservation actions that glorify those convicted of war crimes, crimes against humanity and genocide by international courts, including those responsible for the Srebrenica genocide; 4. Emphasizes the importance of completing the process of finding and identifying the remaining victims of the Srebrenica genocide and according them dignified burials, and calls for the continued prosecution of those perpetrators of the Srebrenica genocide who have yet to face justice; International Day of Reflection and Commemoration of the 1995 Genocide in Srebrenica A/RES/78/282 3/3 24-09647 5. Urges all States to fully adhere to their obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, as applicable, and customary international law on the prevention and punishment of genocide, with due regard to relevant decisions of the International Court of Justice; 6. Requests the Secretary-General to establish an outreach programme entitled “The Srebrenica Genocide and the United Nations”, starting its activities with preparations for the thirtieth anniversary in 2025, and also requests the Secretary- General to bring the present resolution to the attention of all Member States, organizations of the United Nations system and civil society organizations for appropriate observance; 7. Invites all Member States, organizations of the United Nations system, other international and regional organizations and civil society, including non- governmental organizations, academic institutions and other relevant stakeholders to observe the International Day, including special observances and activities in memory and honour of the victims of the 1995 genocide in Srebrenica, as well as appropriate education and public awareness-raising activities. 82nd plenary meeting

3. Cannot be tested from the free recordThe United States asked the Bosnian leadership to have 5,000 Muslims killed to justify bombing the Serbs.

   Rests on an absence in the free record.

   No document in the free record carries this conversation or anything about it, and a claim about a private conversation cannot be tested against artifacts that do not mention it. It is published here as the position's own words, in the article's own English summary, and nothing more.

   The 2 extracts it rests on

   1. Marko P. Atlagić and Aleksandar L. Martinović, The Srebrenica massacre of 1995 is the biggest triumph... (2021)p. 16

      Searching in their research, the authors could not find a single statement by Republika Srpska officials who, before the war, during the war or during Operation Srebrenica, stated that they wanted to destroy the Muslim population, their language or script or cultural and religious monuments. During the liberation of Srebrenica, the Republika Srpska Army passed through 42 Muslim villages and did not leave behind a single killed civilian, woman, child or wounded. That was the biggest surprise for the directors of the war and Srebrenica. Furthermore, the Army of the Republika Srpska had no plan to destroy the Muslim population or capture Srebrenica, it just wanted to reduce the enclave to Srebrenica. The crime in Srebrenica was prepared by Bill Clinton, Alija Izetbegović and Franjo Tuđman. Clinton told Izetbegović that at least 5,000 Muslims must be killed for NATO to bomb Serbs.

   2. Marko P. Atlagić and Aleksandar L. Martinović, The Srebrenica massacre of 1995 is the biggest triumph... (2021)abstract

      Исто тако, САД желеле су изазвати бомбардовање Републике Српске, зато је Клинтон тражио од Изетбеговића да се побије 5000 муслимана да би бомбардовао Србе. Углавном, аутори констатују да се у Сребреници десио злочин над муслиманима, након што су муслиманске снаге побиле преко 3.000 Срба у околини Сребренице. Констатују да су српске снаге прошле кроз 42 муслиманска села и да нису убиле нити једном цивила, жену, дете, нити болесника. Исто тако, међу убијеним муслиманима нема жена, а оне су кључ за геноцид. Стварни број муслиманских жртава процењују између 800 и 1.200 у Сребреници и околини. Масакр у Сребреници 1995. године и број од 7000 убијених муслимана био је тријумф пропаганде САД и Алије Изетбеговића.

      Void translation, not a published quotationLikewise, the USA wanted to provoke the bombing of Republika Srpska, which is why Clinton asked Izetbegović to have 5000 Muslims killed so that he could bomb the Serbs. In general, the authors state that a crime against Muslims took place in Srebrenica, after Muslim forces had killed over 3,000 Serbs in the surroundings of Srebrenica. They state that Serb forces passed through 42 Muslim villages and did not kill a single civilian, woman, child or sick person. Likewise, among the killed Muslims there are no women, and they are the key to genocide. They estimate the real number of Muslim victims at between 800 and 1,200 in Srebrenica and its surroundings. The massacre in Srebrenica in 1995 and the figure of 7000 killed Muslims was a triumph of the propaganda of the USA and Alija Izetbegović.

Tested against the primary record

1. SupportedBoth the International Court of Justice and the tribunal classified the crime as genocide.

   Rests on documents from: International Criminal Tribunal for the former Yugoslavia; United Nations General Assembly.

   The Appeals Chamber's judgment names the crime genocide, and the General Assembly's 2024 resolution recites the ICJ's determination of 26 February 2007 that the acts committed in Srebrenica were genocide. Two producers, the tribunal and the General Assembly, carry the two classifications.

   The 2 extracts it rests on

   1. International Criminal Tribunal for the former Yugoslavia, Appeals Chamber, Prosecutor v. Radislav Krstić, Judgement (Appeals Chamber) (2004)¶ 37

      37. The gravity of genocide is reflected in the stringent requirements which must be satisfied before this conviction is imposed. These requirements – the demanding proof of specific intent and the showing that the group was targeted for destruction in its entirety or in substantial part – guard against a danger that convictions for this crime will be imposed lightly. Where these requirements are satisfied, however, the law must not shy away from referring to the crime committed by its proper name. By seeking to eliminate a part of the Bosnian Muslims, the Bosnian Serb forces committed genocide. They targeted for extinction the forty thousand Bosnian Muslims living in Srebrenica, a group which was emblematic of the Bosnian Muslims in general. They stripped all the male Muslim prisoners, military and civilian, elderly and young, of their personal belongings and identification, and deliberately and methodically killed them solely on the basis of their identity. The Bosnian Serb forces were aware, when they embarked on this genocidal venture, that the harm they caused would continue to plague the Bosnian Muslims. The Appeals Chamber states unequivocally that the law condemns, in appropriate terms, the deep and lasting injury inflicted, and calls the massacre at Srebrenica by its proper name: genocide.

   2. United Nations General Assembly, Resolution 78/282. International Day of Reflection and... (2024)whole document

      Resolution adopted by the General Assembly on 23 May 2024 [without reference to a Main Committee (A/78/L.67/Rev.1)] 78/282. International Day of Reflection and Commemoration of the 1995 Genocide in Srebrenica The General Assembly, Guided by the Charter of the United Nations, the Universal Declaration of Human Rights1 and the Convention on the Prevention and Punishment of the Crime of Genocide,2 Recalling Security Council resolution 819 (1993) of 16 April 1993 declaring Srebrenica a safe area, resolution 827 (1993) of 25 May 1993 concerning the establishment of the International Tribunal for the Former Yugoslavia and resolution 1966 (2010) of 22 December 2010 concerning the establishment of the International Residual Mechanism for Criminal Tribunals, Recalling also all judgments of the International Tribunal for the Former Yugoslavia, in particular eight that contain guilty verdicts for the crime of genocide against Bosnian Muslims committed at Srebrenica in 1995, most notably the Tribunal Appeals Chamber judgment of 19 April 2004 (The Prosecutor v. Krstić), the International Residual Mechanism for Criminal Tribunals Appeals Chamber judgment of 8 June 2021 (The Prosecutor v. Mladić) and the Mechanism Appeals Chamber judgment of 20 March 2019 (The Prosecutor v. Karadžić), as well as the judgment of the International Court of Justice of 26 February 2007, in which the Court determined that the acts committed in Srebrenica constituted acts of genocide, Reaffirming its strong opposition to impunity for genocide, crimes against humanity, war crimes or other violations of international humanitarian law and international human rights law, and emphasizing in this context the responsibility of States to end impunity and, to that end, to thoroughly investigate and prosecute, in __________________ 1 Resolution 217 A (III). 2 Resolution 260 A (III), annex. A/RES/78/282 International Day of Reflection and Commemoration of the 1995 Genocide in Srebrenica 24-09647 2/3 accordance with their relevant international legal obligations and their domestic law, persons responsible for such acts, in order to avoid their recurrence and to seek sustainable peace, justice, truth and reconciliation, for which the participation of victims and survivors as well as their family members is central, Welcoming the important progress made by international courts in recent years with respect to the fight against impunity and in ensuring accountability for genocide, crimes against humanity, war crimes and other egregious crimes achieved through the international criminal justice system, Recognizing in this regard the particular contribution of the International Tribunal for the Former Yugoslavia, and emphasizing the importance of the international community being prepared to take collective action through the Security Council, in accordance with the Charter, and on a case-by-case basis to further ensure accountability for and the prevention of genocide, Reiterating that criminal accountability under international law for the crime of genocide is individualized and cannot be attributed to any ethnic, religious or other group or community as a whole, Taking note of the role of the Special Advisers to the Secretary-General on the Prevention of Genocide and on the Responsibility to Protect, and noting the importance of regular briefings on human rights and international humanitarian law violations as well as on hate speech and incitement in raising early awareness of potential genocide, Noting that the prosecution of persons responsible for genocide and other international crimes in national justice systems, including the Court of Bosnia and Herzegovina, and the International Tribunal for the Former Yugoslavia as well as the International Residual Mechanism for Criminal Tribunals, remains central to the process of national reconciliation and trust-building and to the restoration and maintenance of peace in Bosnia and Herzegovina, and recognizing that strong regional cooperation between national prosecutors’ offices is essential in fostering peace, justice, truth and reconciliation among countries in the region, Reiterating the unwavering commitment to maintaining stability and fostering unity in diversity in Bosnia and Herzegovina, Noting that 2025 will mark the thirtieth anniversary of the genocide in Srebrenica, in which at least 8,372 lives were lost, thousands were displaced and families and communities were devastated, 1. Decides to designate 11 July as the International Day of Reflection and Commemoration of the 1995 Genocide in Srebrenica, to be observed annually; 2. Condemns without reservation any denial of the Srebrenica genocide as a historical event, and urges Member States to preserve the established facts, including through their educational systems by developing appropriate programmes, also in remembrance, towards preventing denial and distortion, and occurrence of genocides in the future; 3. Also condemns without reservation actions that glorify those convicted of war crimes, crimes against humanity and genocide by international courts, including those responsible for the Srebrenica genocide; 4. Emphasizes the importance of completing the process of finding and identifying the remaining victims of the Srebrenica genocide and according them dignified burials, and calls for the continued prosecution of those perpetrators of the Srebrenica genocide who have yet to face justice; International Day of Reflection and Commemoration of the 1995 Genocide in Srebrenica A/RES/78/282 3/3 24-09647 5. Urges all States to fully adhere to their obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, as applicable, and customary international law on the prevention and punishment of genocide, with due regard to relevant decisions of the International Court of Justice; 6. Requests the Secretary-General to establish an outreach programme entitled “The Srebrenica Genocide and the United Nations”, starting its activities with preparations for the thirtieth anniversary in 2025, and also requests the Secretary- General to bring the present resolution to the attention of all Member States, organizations of the United Nations system and civil society organizations for appropriate observance; 7. Invites all Member States, organizations of the United Nations system, other international and regional organizations and civil society, including non- governmental organizations, academic institutions and other relevant stakeholders to observe the International Day, including special observances and activities in memory and honour of the victims of the 1995 genocide in Srebrenica, as well as appropriate education and public awareness-raising activities. 82nd plenary meeting

2. Cannot be tested from the free recordThe Republika Srpska government's reports of 2002 and 2004 reached conflicting conclusions.

   Rests on an absence in the free record.

   Neither report could be read from an open archive, so the conflict between them is recorded here as this scholarship describes it and cannot be tested against the documents.

   The extract it rests on

   1. Olga Manojlović Pintar, Upotreba istorije, poricanje zločina i koncept... (2024)p. 32

      У чланку су приказани супротстављени закључци три извештаја о Сребреници: Бироа владе Републике Српске за односе са Хашким трибуналом владе Републике Српске (2002), Комисије за истраживање догађаја у и око Сребренице од 10. до 19. јула 1995. године (2004) и Независне међународне комисије за истраживање страдања свих народа у сребреничкој регији у периоду 1992–1995. године (2021).

      Void translation, not a published quotationThe article presents the conflicting conclusions of three reports on Srebrenica: of the Bureau of the Government of Republika Srpska for Relations with the Hague Tribunal of the Government of Republika Srpska (2002), of the Commission for the Investigation of the Events in and around Srebrenica from 10 to 19 July 1995 (2004), and of the Independent International Commission for the Investigation of the Suffering of All Peoples in the Srebrenica Region in the Period 1992–1995 (2021).

Tested against the primary record

1. SupportedA genocide took place in and around Srebrenica, and its denial continues.

   Rests on documents from: International Criminal Tribunal for the former Yugoslavia; United Nations General Assembly.

   The tribunal's appellate finding and the General Assembly's 2024 resolution, which condemns any denial of the genocide as a historical event, carry both halves of the claim from two producers.

   The 2 extracts it rests on

   1. International Criminal Tribunal for the former Yugoslavia, Appeals Chamber, Prosecutor v. Radislav Krstić, Judgement (Appeals Chamber) (2004)¶ 37

      37. The gravity of genocide is reflected in the stringent requirements which must be satisfied before this conviction is imposed. These requirements – the demanding proof of specific intent and the showing that the group was targeted for destruction in its entirety or in substantial part – guard against a danger that convictions for this crime will be imposed lightly. Where these requirements are satisfied, however, the law must not shy away from referring to the crime committed by its proper name. By seeking to eliminate a part of the Bosnian Muslims, the Bosnian Serb forces committed genocide. They targeted for extinction the forty thousand Bosnian Muslims living in Srebrenica, a group which was emblematic of the Bosnian Muslims in general. They stripped all the male Muslim prisoners, military and civilian, elderly and young, of their personal belongings and identification, and deliberately and methodically killed them solely on the basis of their identity. The Bosnian Serb forces were aware, when they embarked on this genocidal venture, that the harm they caused would continue to plague the Bosnian Muslims. The Appeals Chamber states unequivocally that the law condemns, in appropriate terms, the deep and lasting injury inflicted, and calls the massacre at Srebrenica by its proper name: genocide.

   2. United Nations General Assembly, Resolution 78/282. International Day of Reflection and... (2024)whole document

      Resolution adopted by the General Assembly on 23 May 2024 [without reference to a Main Committee (A/78/L.67/Rev.1)] 78/282. International Day of Reflection and Commemoration of the 1995 Genocide in Srebrenica The General Assembly, Guided by the Charter of the United Nations, the Universal Declaration of Human Rights1 and the Convention on the Prevention and Punishment of the Crime of Genocide,2 Recalling Security Council resolution 819 (1993) of 16 April 1993 declaring Srebrenica a safe area, resolution 827 (1993) of 25 May 1993 concerning the establishment of the International Tribunal for the Former Yugoslavia and resolution 1966 (2010) of 22 December 2010 concerning the establishment of the International Residual Mechanism for Criminal Tribunals, Recalling also all judgments of the International Tribunal for the Former Yugoslavia, in particular eight that contain guilty verdicts for the crime of genocide against Bosnian Muslims committed at Srebrenica in 1995, most notably the Tribunal Appeals Chamber judgment of 19 April 2004 (The Prosecutor v. Krstić), the International Residual Mechanism for Criminal Tribunals Appeals Chamber judgment of 8 June 2021 (The Prosecutor v. Mladić) and the Mechanism Appeals Chamber judgment of 20 March 2019 (The Prosecutor v. Karadžić), as well as the judgment of the International Court of Justice of 26 February 2007, in which the Court determined that the acts committed in Srebrenica constituted acts of genocide, Reaffirming its strong opposition to impunity for genocide, crimes against humanity, war crimes or other violations of international humanitarian law and international human rights law, and emphasizing in this context the responsibility of States to end impunity and, to that end, to thoroughly investigate and prosecute, in __________________ 1 Resolution 217 A (III). 2 Resolution 260 A (III), annex. A/RES/78/282 International Day of Reflection and Commemoration of the 1995 Genocide in Srebrenica 24-09647 2/3 accordance with their relevant international legal obligations and their domestic law, persons responsible for such acts, in order to avoid their recurrence and to seek sustainable peace, justice, truth and reconciliation, for which the participation of victims and survivors as well as their family members is central, Welcoming the important progress made by international courts in recent years with respect to the fight against impunity and in ensuring accountability for genocide, crimes against humanity, war crimes and other egregious crimes achieved through the international criminal justice system, Recognizing in this regard the particular contribution of the International Tribunal for the Former Yugoslavia, and emphasizing the importance of the international community being prepared to take collective action through the Security Council, in accordance with the Charter, and on a case-by-case basis to further ensure accountability for and the prevention of genocide, Reiterating that criminal accountability under international law for the crime of genocide is individualized and cannot be attributed to any ethnic, religious or other group or community as a whole, Taking note of the role of the Special Advisers to the Secretary-General on the Prevention of Genocide and on the Responsibility to Protect, and noting the importance of regular briefings on human rights and international humanitarian law violations as well as on hate speech and incitement in raising early awareness of potential genocide, Noting that the prosecution of persons responsible for genocide and other international crimes in national justice systems, including the Court of Bosnia and Herzegovina, and the International Tribunal for the Former Yugoslavia as well as the International Residual Mechanism for Criminal Tribunals, remains central to the process of national reconciliation and trust-building and to the restoration and maintenance of peace in Bosnia and Herzegovina, and recognizing that strong regional cooperation between national prosecutors’ offices is essential in fostering peace, justice, truth and reconciliation among countries in the region, Reiterating the unwavering commitment to maintaining stability and fostering unity in diversity in Bosnia and Herzegovina, Noting that 2025 will mark the thirtieth anniversary of the genocide in Srebrenica, in which at least 8,372 lives were lost, thousands were displaced and families and communities were devastated, 1. Decides to designate 11 July as the International Day of Reflection and Commemoration of the 1995 Genocide in Srebrenica, to be observed annually; 2. Condemns without reservation any denial of the Srebrenica genocide as a historical event, and urges Member States to preserve the established facts, including through their educational systems by developing appropriate programmes, also in remembrance, towards preventing denial and distortion, and occurrence of genocides in the future; 3. Also condemns without reservation actions that glorify those convicted of war crimes, crimes against humanity and genocide by international courts, including those responsible for the Srebrenica genocide; 4. Emphasizes the importance of completing the process of finding and identifying the remaining victims of the Srebrenica genocide and according them dignified burials, and calls for the continued prosecution of those perpetrators of the Srebrenica genocide who have yet to face justice; International Day of Reflection and Commemoration of the 1995 Genocide in Srebrenica A/RES/78/282 3/3 24-09647 5. Urges all States to fully adhere to their obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, as applicable, and customary international law on the prevention and punishment of genocide, with due regard to relevant decisions of the International Court of Justice; 6. Requests the Secretary-General to establish an outreach programme entitled “The Srebrenica Genocide and the United Nations”, starting its activities with preparations for the thirtieth anniversary in 2025, and also requests the Secretary- General to bring the present resolution to the attention of all Member States, organizations of the United Nations system and civil society organizations for appropriate observance; 7. Invites all Member States, organizations of the United Nations system, other international and regional organizations and civil society, including non- governmental organizations, academic institutions and other relevant stakeholders to observe the International Day, including special observances and activities in memory and honour of the victims of the 1995 genocide in Srebrenica, as well as appropriate education and public awareness-raising activities. 82nd plenary meeting

2. Cannot be tested from the free recordThe Islamic Community's May 1995 report counted 51 imams in the Srebrenica area, and they were sought out to be killed.

   Rests on an absence in the free record.

   No judgment or UN document in the free record counts the enclave's imams or records the targeting of clergy as such, so the claim stands on the scholarship's own war reports and testimonies and cannot be tested here.

   The extract it rests on

   1. Hikmet Karčić, Elitocide (2022)p. 2

      The Srebrenica Islamic Community Committee's May 1995 report states that there are 51 imams in their area, most of whom have been involved in the work of the Islamic Community. This paper deals with elitocide on the example of the murders of imams in Srebrenica and its surroundings from 1992 to 1995. Elitocide is one of the key segments of the genocide against Bosniaks in Podrinje, which has not been the subject of significant research so far. This paper specifically deals with the murder of imams as an important aspect of elitocide in the context of Podrinje and Bosnia and Herzegovina. The work is based on information gathered from war reports, as well as the testimonies of surviving imams and witnesses to their killings or disappearances.