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Red 1:
==Ratni dio u članku==
Praksa na ovoj Wikipediji je da se pisanje o ratu bazira na neutralnim izvorima (sudskim presudama, UNHCR izvještajima, dokumentima nacionalnih sudova itd.). Ono što je do sada napisano o Doboju bazirano na pisanju Ilije Tipure nije adekvatan izvor. Nadalje, tamo stoji sljedeća rečenica:
"3. maja je počeo rat. SDS je pruzeo vlast od druge dvije nacionalasitičke strnake (HDZ i SDA)[5]. Bošnjaci i bosanski Hrvati su izbjegli iz svojih sela 1992. godine, ali je znatan broj ostao u gradu Doboju sve do 1995. godine kada je došlo do pada ozrenskog džepa (Maglaj, Zavidovići)."
Kao prvo SDS nije preuzeo vlast od druge dvije nacionalističke stranke, pošto se implicira da je preuzimanje miroljubiv proces, a ne puč, kako se desilo po nalogu tzv. Srpske republike BiH u svim općinama BiH gdje su organizovani krizni štabovi. Dalje, Doboj je poznat jer je to jedini grad u BiH koji se pored Srebrenice u sudskim spisima pominje u vezi genocida, ali ne na krivičnom sudu nego na njemačkom nacionalnom, s tim da je tu odluku potvrdio evropski sud za ljudska prava. Ovaj dio treba uključiti u članak ali ga treba prevesti:
===Nikola Jorgić===
The Higher Regional Court ([[Oberlandesgericht]]) of Dusseldorf, in September [[1997]], handed down a genocide conviction against [[Nikola Jorgic]], a [[Bosnian Serb]] from the [[Doboj]] region who was the leader of a paramilitary group located in the Doboj region. He was sentenced to four terms of [[life imprisonment]] for his involvement in genocidal actions that took place in regions of Bosnia and Herzegovina, other than Srebrenica; <ref name=Jorgic> Oberlandesgericht Dusseldorf, "Public Prosecutor v Jorgic", [[26 September]] [[1997]] (Trial Watch ''[http://www.trial-ch.org/en/trial-watch/profile/db/legal-procedures/nikola_jorgic_283.html Nikola Jorgic]''</ref> On [[12 July]], 2007, [[European Court of Human Rights]] dismissed [[Nikola Jorgic]] appeal.<ref>[http://cmiskp.echr.coe.int/tkp197/view.asp?item=54&portal=hbkm&action=html&highlight=&sessionid=1448788&skin=hudoc-en European Court of Human Rights] - [http://cmiskp.echr.coe.int/tkp197/view.asp?item=1&portal=hbkm&action=html&highlight=Jorgic%20%7C%20v.%20%7C%20Germany%20%7C%20Judgmen&sessionid=1597754&skin=hudoc-en Jorgic v. Germany Judgment], July 12th 2007.</ref><ref>[http://www.iht.com/articles/ap/2007/07/12/europe/EU-GEN-European-Court-Bosnia-Genocide.php Europe's human rights court upholds life term for Bosnian Serb convicted of genocide] - AP, July 12th, 2007.</ref>
In 2007 the European Court of Human Rights (ECHR) in the [[Jorgic v. Germany]] case (Application no. 74613/01), reviewed the German courts judgements against Jorgic. While rejecting Jorgic's appeal, they highlighted that the German courts ruling in the 1990 had interpreted the German domestic law on genocide more broadly than the more recent rulings by the ICTY and the ICJ.
The ECHR concluded that the German court had ruled that the "intent to destroy" also included "meant destruction of the group as a social unit in its distinctiveness and particularity and its feeling of belonging together; a biological-physical destruction was not necessary. It concluded that the applicant had therefore acted with intent to destroy the group of Muslims in the North of Bosnia, or at least in the Doboj region."<ref>ECHR Jorgic v. Germany. § 18</ref> Under the wider definition that the German judiciary upheld the [[ethnic cleansing]] carried out by Jorgic was a genocide because it was an intent to destroy the group as a social unit. At the time Jorgic committed his acts in 1992 a majority of scholars took the view that genocidal 'intent to destroy a group' under German law mean the killing of members of the group, but a considerable number of scholars were of the opinion that the notion had a wider meaning encompasing destruction of the group as a social unit.<ref>ECHR Jorgic v. Germany § 36 butt also §§ 18,47,99,103,108</ref>
The ECHR noted that this wider interpretation of genocide has since been rejected by international courts considering similar cases. In the case of [[Prosecutor v. Krstic]] ([[2 August]] 2001) the ICTY ruled "customary international law limits the definition of genocide to those acts seeking the physical or biological destruction of all or part of the group. Hence, an enterprise attacking only the cultural or sociological characteristics of a human group in order to annihilate these elements which give to that group its own identity distinct from the rest of the community would not fall under the definition of genocide."<ref>ECHR Jorgic v. Germany. § 42 citing Prosecutor v. Krstic, IT-98-33-T, judgment of 2 August 2001, §§ 580</ref> On [19 April] 2004 This was upheld on Appeal "The Genocide Convention, and customary international law in general, prohibit only the physical or biological destruction of a human group. ... The Trial Chamber expressly acknowledged this limitation, and eschewed any broader definition. ..." although like the lower court, the appeal court also ruled that ethnic cleansing might with other evidence lead to an inference of genocidal intent.<ref>ECHR Jorgic v. Germany. § 43 citing the judgment of 19 April 2004 rendered by the Appeals Chamber of the ICTY, IT-98-33-A §§ 25,33</ref> In 14 January 2000 the ICTY ruled in the [[Prosecutor v. Kupreskic and Others]] case that the killing of 116 Muslims in order to expel the Muslim population from a village, was persecution, not of genocid<ref>ECHR Jorgic v. Germany. § 44 citing Prosecutor v. Kupreskic and Others (IT-95-16-T, judgment of 14 January 2000), § 751</ref> The ECHR noted and quoted the opinion of the International Court of Justice ruling in the [[Bosnian Genocide Case]] that ethnic cleansing was not in its self genocide.<ref>ECHR Jorgic v. Germany] §45 citing Bosnia and Herzegovina v. Serbia and Montenegro ("Case concerning the application of the Convention on the Prevention and Punishment of the Crime of Genocide") the International Court of Justice (ICJ) found under the heading of "intent and 'ethnic cleansing'" § 190</ref>
The ECHR also noted that in the [[21 century]] "Amongst scholars, the majority have taken the view that ethnic cleansing, in the way in which it was carried out by the Serb forces in Bosnia and Herzegovina in order to expel Muslims and Croats from their homes, did not constitute genocide. However, there are also a considerable number of scholars who have suggested that these acts did amount to genocide"<ref>ECHR Jorgic v. Germany. § 47</ref>
The ECHR having reviewed the case and the more recent international rulings on the issue the ECHR ruled that "The Court finds that the [German] courts' interpretation of 'intent to destroy a group' as not necessitating a physical destruction of the group, which has also been adopted by a number of scholars ..., is therefore covered by the wording, read in its context, of the crime of genocide in the [German] Criminal Code and does not appear unreasonable",<ref>ECHR Jorgic v. Germany § 105</ref> so " In view of the foregoing, the [ECHR] concludes that, while many authorities had favoured a narrow interpretation of the crime of genocide, there had already been several authorities at the material time which had construed the offence of genocide in the same wider way as the German courts. In these circumstances, the [ECHR] finds that [Jorgic], if need be with the assistance of a lawyer, could reasonably have foreseen that he risked being charged with and convicted of genocide for the acts he had committed in 1992.",<ref>ECHR Jorgic v. Germany. § 113</ref> and for this reason the court rejected Jorgic assertion that there had been a breach of Article 7 (no punishment without law) of the [[European Convention on Human Rights]] by Germany.<ref>ECHR Jorgic v. Germany. § 116</ref>
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Dalje u tamo stoji da su: "Bošnjaci i bosanski Hrvati su izbjegli iz svojih sela 1992. godine", što nije tačno, nego su protjerani ili pobijeni, a upravo je to djelo sud u Njemačkoj okarakterisao kao genocid. Dakle, ovo je enciklopedija, i ovdje se pikaju činjenice, bez obzira kakve su. [[Korisnik:Emir Kotromanić|Emir Kotromanić]] 22:19, 3 septembar 2007 (CEST)
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