Bosnian War

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The Bosnian War was an international arms conflict that involved 2 main sides, the Republika Srpska, and Herzeg-Bosnia. The Republika Srpska would show very little sympathy towards the Non-Serb population of cities they would occupy. 1995 of the Bosnian War reached its most violent climax, Bosnian Serb Forces in occupied Srebrenica began an ethnic cleansing of the Non-Serb population, and massacred more than 8000 people. Many generals and other people of high class within the Republika Srpska were tried for their actions, but none confessed and denied everything, this is what makes the following person so significant. Dragan Obrenovic, who was the only person who admit guilt for the Genocide and it taking place. The accused, Dragan Obrenovic was being tried under the Statute Of The International Criminal Tribunal For The Former Yugoslavia, he was charged with charged with 5 counts under the Statute, Complicity In Genocide, Exterminations, Murder on 2 accounts as a violation of war a Crime Against Humanity, and Persecutions on Political and Racial Grounds. Dragan Obrenovic expressed what the courts believed to be a sincere remorse, and the Tribunal took into account his mitigating and aggravating factors, and gave him a measly sentence of 17 years. Genocide is the mass extermination of a group of people, you are annihilating a group of individuals at once, it goes beyond murder and it is an unforgivable crime, Obrenovic was therefore given an unworthy and incomparable sentence.

Remorse is usually defined as a feeling of deep regret, a feeling for wrong doing for sinning. The Defense asserts that Dragan Obrenović is “his own worst judge. He knows the impact of his failure more than anyone. He has already sentenced himself. He is like Lady Macbeth, sentenced forever to the Sisyphean task of constantly washing her hands in a futile attempt to erase an indelible stain.” ( pg. 36- 37 of Sentencing Judgment Document) However, how does the Defence know that Obrenovic isn’t just good with words and actually just an evil and really conniving person? “Through his statements and his actions, the Trial Chamber finds that Dragan Obrenović is genuinely remorseful for his role in the crimes for which he has been convicted, and seeks to atone for his criminal conduct. Therefore, the Trial considers Dragan Obrenovic’s remorse to be a substantial mitigating factor in his case.” (pg. 37 of Sentencing Judgment Document) It seems as though they treat Dragan Obrenovic like any other criminal that would just have to show he’s sorry and then get off the hook that easy. However even murderers don’t get chances to express their remorse properly, in some democratic nations they are even given the death penalty, it doesn’t seem logical to consider Obrenovics remorse a mitigating factor if he is trying to kill over 8000 people, it is like asking a Nazi to say sorry in turn for a lighter sentence, he just doesn’t deserve it. Someone like Obrenovic, could just as easily have set this whole thing up for a smaller sentence, for someone planning the death of 8000 people what is lying about his remorse going to be so hard about? If murder can get you the death sentence in the United States, or at least life anywhere else, for trying to wipe out an existing people, an existing way of life, should you consider the perpetrators remorse? No because the 8000 murdered didn’t have a voice in deciding their lives, why should Obrenovic be given the chance to? In the end, when they were deciding Obrenovic’s sentence, his remorse was a really important mitigating factor., defines a mitigating factor as “A fact or circumstance associated with a criminal act that, while not an excuse or justification, may reduce its severity and result in a lesser sentence.” So basically a mitigating factor is supposed to reduce the severity and result in a lesser sentence. This certainly happened with Dragan Obrenovic’s trial. But why do the expectations for...
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