The International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Court of Justice (ICJ) ruled that, in order for actions to be deemed genocide, there must be physical or biological destruction of a protected group and a specific intent to commit such destruction. To date, only the Srebrenica massacre has been found to be a genocide by the ICTY, a finding upheld by the ICJ.

In May 1999, Slobodan Milošević was indicted, during the Kosovo War, by the UN's International Criminal Tribunal for the Former Yugoslavia for crimes against humanity in Kosovo. Late in 2000, charges of violating the laws of war, grave breaches of the Geneva Conventions in Croatia and Bosnia, and genocide in Bosnia were also added. So, Milošević became the first European leader (a former president) to be indicted and tried for genocide, complicity in genocide, murder, etc.

The actual trial of Milošević lasted from February 2002 until his death in March 2006. He faced 66 counts of crimes against humanity, genocide and war crimes committed during the Yugoslav Wars of the 1990s. He pleaded not guilty to all the charges. On March 24, 2016 the ICTY held that there was insufficient evidence against Milošević to find him guilty of conspiring with Bosnian Serb forces to conduct an ethnic cleansing campaign (Bosnian genocide). But, the court said that "Milošević provided assistance in the form of personnel, provisions, and arms to the Bosnian Serbs during the conflict".

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