Ratko Mladić Genocidal Intent Documents
In 2012, a team of researchers from the Office of the Prosecutor (OTP) at the International Criminal Tribunal for the former Yugoslavia (ICTY), supervised by Predrag Dojčinović and senior trial attorneys, undertook a special project defined within the scope of two genocide charges (see Fourth Amended Indictment.pdf, dated December 16, 2011) against the Bosnian Serb General Ratko Mladić (ICTY, Case No. IT-09-92) in the last trial to be held before this tribunal in The Hague.
The project’s principal objective was to identify all available direct and indirect evidence of ‘genocidal intent’ (also known as ‘specific intent’ or dolus specialis), captured in this requisite element of genocidal mens rea (‘guilty mind’) emerging from the utterances and speech acts of Ratko Mladić and other members of the joint criminal enterprise (JCE). The search for the manifestations of ‘genocidal intent’ focused entirely on the place of its conception: the mind of the speaker and language as the main instrument of communication. Built on the contextually, cognitively and legally defined selection of key words and phrases, the project resulted in the creation of an internal OTP database with a comprehensively catalogued lexicon of relevant utterances and speech acts (see search criteria in The Lexicon of Genocidal Intent in the Trial of Ratko Mladić). As a roadmap to Mladić’s and other JCE members’ genocidal mens rea, this unique body of evidence was utilized by the Prosecution’s trial team through the examination and cross-examination of witnesses, oral and written submissions, and the Prosecution’s Final Trial Brief. The relevant exhibits, submissions and witness testimonies were assessed and adjudicated by the Mladić Trial Chamber in the series of decisions and, ultimately, the Trial Judgment of November 22, 2017.
Order of the Collection
It is suggested that, for research and educational narrative purposes, the collection be approached in the following order:
- ‘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’ by Predrag Dojčinović, in P. Dojčinović (ed.), Propaganda and International Criminal Law: From Cognition to Criminality, Routledge 2019, pp. 179-198
- The Lexicon of Genocidal Intent in the Trial of Ratko Mladić (ICTY, Case No. IT-09-92) [see below]
- Trial Exhibits & Court Transcripts
- Motions & Decisions
- Rule 98 bis Appeal Chamber Decision
- Prosecution Final Trial Brief, 10 August 2017 (Made Public Pursuant to TCI Decision of 02/10/2017, D113143-D113141)
- Trial Judgment, Vols 1-4
Lexicon of Genocidal Intent in the Trial of Ratko Mladić
Created by Predrag Dojčinović, this lexicon outlines keywords and phrases used to identify Mladić's genocidal intent – or dolus specialis. All terms are linked to searches within the digital archive, which collect specific pages associated with the search term.