Abstract
This comment responds to Robert M. Hayden's concerns by highlighting the importance of contextualizing definitions of genocide and by advocating that determinations of genocide be legally defined. Sari Wastell argues that legal determinations are contingent and contestable when established as “adjudicated facts,” that the law is the most appropriate venue for broaching these debates, and that the proposed genocide denial legislation that worries Hayden cannot target legitimate inquiry into the coherence of legal definitions of the crime of genocide. While reports, rumors, and accusations of genocidal activity might well be the impetus for the establishment of ad hoc tribunals such as the International Criminal Tribunal for the Former Yugoslavia, the existence of these international bodies is precisely aimed at determining the “truth” of these claims in a legal sense.
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