Abstract:
Ethnic cleansing refers to the mass deportation and the forcible transfer of populations, usually by violent and cruel methods in the Bosnia-Herzegovina war which has brought strife and suffering to Bosnian-Muslims and Bosnian-Croats enormously, so they asked to bring the perpetrators to justice. But the problem is, there are not any individual responsibility for ethnic cleansing in international law and international agreement. Therefore, it is necessary to study the development of ethnic cleansing as the concept in international law. After studying and analyzing on the sources of international law and precedents of international courts, the researcher found that the concept of ethnic cleansing has already existed in international law. But it is not specifically defined as international crime. The perpetrators who committed ethnic cleansing must have individual responsibility. For this reason, there is a development of ethnic cleansing as the concept in international law. Moreover, the researcher has searched the evolution of United Nations on ethnic cleansing and found that it goes further than precedent of the international courts, especially the principle of the Responsibility to protect which defined ethnic cleansing to be one of its four core crimes.