“Ethnic Cleansing” and Genocidal Intent: A Failure of Judicial Interpretation?

This article analyzes the similarities and distinctions between ‘‘ethnic cleansing’’ and genocide in the context of both Bosnia’s and Croatia’s genocide claims against Serbia brought before the International Court of Justice (ICJ). It examines the institutional role of the ICJ and the criticisms on how the Court handled Bosnia and Herzegovina v. Serbia and Montenegro. The legal definition and elements of genocide as contained in the UN Convention on the Prevention and Punishment of the Crime of Genocide (UNCG) are discussed, with a particular emphasis on the required intent to ‘‘destroy’’ a protected group. The article reviews case law from other international tribunals and argues that evidence of ‘‘ethnic cleansing’’ may demonstrate the intent to ‘‘destroy’’ a protected group and support a finding of genocide