Lessons Learned from the Use of DNA Evidence in Srebrenica-related Trials at the ICTY

Abstract

This chapter discusses legal issues associated with the collection, storage, and use of DNA evidence in international and national criminal trials. It draws on experience at the International Criminal Tribunal for the former Yugoslavia (ICTY) in the Srebrenica cases. It shows how DNA evidence was used to identify the number of victims in a mass grave, and links and patterns between a victim and one or more crime sites. The chapter argues that the probative value and admissibility of DNA evidence is maximized when used in conjunction with other forensic sciences (e.g. archaeology, pathology, and anthropology). Also that reliance on all forensic sciences, not just DNA analysis, is the most likely way of establishing a complete picture of the victim’s identity; as well as the cause, manner, and circumstances of the victim’s death.