Addressing the Lack of Forensic Scientific Evidence and Expertise in the “Trigger Mechanisms” of Genocide Investigations

Abstract

The impetus to begin a legal investigation or prosecution of the crime of genocide is a “trigger mechanism,” which serves as the prima facie case against the accused state or actor. Unlike domestic cases of homicide, the trigger mechanisms for international genocide investigations to date have not included any forensic evidence nor have they sought input from forensic scientists. The jurists tasked with addressing the trigger mechanisms were fully capable of assessing forensic evidence but unable to generate it. This study reviews four recent large-scale investigations of genocide in Bosnia, Rwanda, Darfur and Myanmar to reveal pitfalls in the cases that could have been avoided by the earlier inclusion of scientific expertise, and identifies the potential contributions of forensic science in future investigations.