F.2022/1651

DrEmirRamic
Director
The Institute for the Research of Genocide Canada By email: ramicemirl 23(5).gmail.com

8 March 2022

Dear Dr Ramic

I am responding to your letter to the University dated 31 January 2022 regarding Professor Roger Byard and his involvement in the 'Independent International Commission of Inquiry on Suffering of all People in the Srebrenica Region between 1992 and 1995'.

In your letter you ask the University to state 'the official position of the University of Adelaide regarding the Genocide in Bosnia and Herzegovina and the activities of Professor Roger
By a rd.

The University has, since its founding in 1874, had a commitment to free intellectual inquiry and 'the advancement of learning and knowledge'. Academic freedom is a paramount principle for Australian universities and guarantees individual academics, subject to the limitations imposed by law, 'to discuss and research and disseminate and publish the results of their research'. Such a guarantee is common in leading universities across the globe.

I would wish to acknowledge the significance of the matters you raise. The protection of individuals and the adherence to human rights' standards is of international concern. The University has a proud history of educating and employing leading advocates for the rights
and welfare of others. The Australian Government has stated, through their representative to the United Nations General Assembly, that 'we are committed to supporting the efforts of other jurisdictions to investigate and prosecute allegations of war crimes, crimes against humanity and genocide'. We state without hesitation that the University of Adelaide condemns human rights violations of any kind and that we specifically condemn the atrocities that took place in the former Yugoslavia and led to inconceivable suffering then and now.

The University notes that Professor Byard was one of the eleven international members of the Independent Commission of Inquiry. As you are aware the Commission directly addressed the question of whether the crimes against individuals and humanity in Srebrenica in July 1995 meet the definition of 'genocide' in Article 4(2) of the statute of the International Criminal Tribunal for the Former Yugoslavia (ICTY) (pages 28-95). This chapter was attributed to Mr Markus Goldbach, an experienced advocate and lawyer.

It is a matter of public record that the ICTY, in August 2001, ruled that the events in
Srebrenica in July 1995 constituted 'genocide' (Article 4(2)). The Trial Chamber considered the meaning in its application to the facts in its Judgement (Prosecutor v Radislav Krstic, Case No. IT-98-33, pages 188-212)