THE HAGUE, Netherlands - The U.N. war crimes tribunal reduced the prison sentence of a Bosnian Serb general convicted of genocide by 11 years to 35 years in a decision that could influence future cases.
Radislav Krstic, 56, was sentenced in August 2001 to 46 years in prison for playing a pivotal role in the slaughter of at least 7,500 Bosnian Muslim men in the U.N.-protected zone of Srebrenica during one blood-soaked week in July 1995.
So far the only Balkan war criminal convicted of genocide, he appealed in November on several grounds, asking in particular that the court clarify its definition of genocide.
The appeals chamber, whose decision is final, overturned Krstic`s conviction as a "principle perpetrator" of genocide and lowered his prison term after determining that he was guilty of "aiding and abetting genocide," a lesser crime that was not included in his original indictment.
But the five-judge panel insisted that the mass killing in Srebrenica "should be called by its proper name: genocide."
"While Radislav Krstic`s crime is undoubtedly grave, the finding that he lacked genocidal intent significantly diminishes his responsibility," presiding judge Theodore Meron said.
The court`s decision could influence the trial of former Yugoslav President Slobodan Milosevic, now in its third year. Genocide is among the 66 counts of war crimes Milosevic faces from his days in power, when the country broke up along ethic lines.
The Yugoslav and Rwanda war crimes tribunals are the first international courts to judge genocide cases since World War II and the Holocaust, for which the term was created. Judges acknowledge that genocide law is still evolving.
In their appeal, defense lawyers argued the prosecution had failed to prove Krstic was a party to any deliberate plan to eradicate the Muslim population. An intent to destroy a community, in whole or in part, is the key element in defining genocide.
Defense counsel Norman Sepenuk also questioned the decision of the original trial chamber that killing 7,500 men and deporting Srebrenica`s 25,000 women and children was tantamount to genocide.
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