809:, if it corresponds to or falls within one of the categories of acts prohibited by Article II of the Convention. Neither the intent, as a matter of policy, to render an area 'ethnically homogeneous', nor the operations that may be carried out to implement such policy, can as such be designated as genocide: the intent that characterizes genocide is 'to destroy, in whole or in part' a particular group, and deportation or displacement of the members of a group, even if effected by force, is not necessarily equivalent to destruction of that group, nor is such destruction an automatic consequence of the displacement. This is not to say that acts described as 'ethnic cleansing' may never constitute genocide, if they are such as to be characterized as, for example, 'deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part', contrary to Article II, paragraph (c), of the Convention, provided such action is carried out with the necessary
747:, which suggests that they may have been systematically targeted by the killings." Moreover, "it has been established by fully conclusive evidence that members of the protected group were systematically victims of massive mistreatment, beatings, rape and torture causing serious bodily and mental harm, during the conflict and, in particular, in the detention camps." The Court accepted that these acts, on the part of the Serb forces, had been committed, but that there was inconclusive evidence of the specific intent to destroy the Bosniaks as a group in whole or in part. This includes the period up to 19 May 1992, when
548:
independent undertaking by the contracting parties to prevent and punish genocide. On these observations, the Court held that the obligation to prevent genocide necessarily implies the prohibition of the commission of genocide, as "it would be paradoxical if States were thus under an obligation to prevent, so far as within their power, commission of genocide by persons over whom they have a certain influence, but were not forbidden to commit such acts through their own organs, persons over whom they have such firm control that their conduct is attributable to the State concerned under international law.".
703:
Respondent to provide unedited copies of its
Supreme Defence Council documents, failing which, the Court should have allowed a more liberal recourse to inference — The "effective control" test for attribution established in the Nicaragua case is not suitable to questions of State responsibility for international crimes committed with a common purpose — The "overall control" test for attribution established in the Tadić case is more appropriate when the commission of international crimes is the common objective of the controlling State and the non-State actors — The Court's refusal to infer
292:
718:
ordered explicitly "to do everything in its power to prevent the crimes of genocide and to make sure that such crimes are not committed by military or paramilitary formations operating under its control or with its support." The judges concluded that despite this explicit order, Serbia did nothing in July 1995 to prevent the
Srebrenica massacre, although it "should normally have been aware of the serious danger that acts of genocide would be committed."
66:
168:
25:
672:
Decides that Serbia shall immediately take effective steps to ensure full compliance with its obligation under the
Convention on the Prevention and Punishment of the Crime of Genocide to punish acts of genocide as defined by Article II of the Convention, or any of the other acts proscribed by Article
547:
The Court held that interpretation of the
Convention turns on the ordinary meaning of its terms read in their context and in light of its object and purpose. The Court notes that the purpose of the convention is to criminalize genocide as crime under international law, and to enshrine an unqualified,
1298:. Strasbourg. Judgement §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.
717:
Serbia's violations of its obligations stem not only from the
Convention on the Prevention and Punishment of the Crime of Genocide but also from two "provisional protective measures" issued by the International Court of Justice in April and September 1993. The then Federal Republic of Yugoslavia was
543:
There was a dispute about the obligations of Treaty
Parties. Yugoslavia submitted to the ICJ an argument that the only obligations of the state parties to the convention are to prevent and punish genocide by legislation, prosecution or extradition. Yugolavia's argument that the state party could not
681:
Finds that, as regards the breaches by Serbia of the obligations referred to in subparagraphs (5) and (7) above, the Court's findings in those paragraphs constitute appropriate satisfaction, and that the case is not one in which an order for payment of compensation, or, in respect of the violation
821:
has observed, while 'there are obvious similarities between a genocidal policy and the policy commonly known as "ethnic cleansing"' (Krstić, IT-98-33-T, Trial
Chamber Judgment, 2 August 2001, para. 562), yet ' clear distinction must be drawn between physical destruction and mere dissolution of a
707:
from a consistent pattern of conduct in Bosnia and
Herzegovina is inconsistent with the established jurisprudence of the ICTY — The FRY's knowledge of the genocide set to unfold in Srebrenica is clearly established — The Court should have treated the Scorpions as a de jure organ of the FRY — The
742:
Furthermore, according to the ICJ's judgement, "it is established by overwhelming evidence that massive killings in specific areas and detention camps throughout the territory of Bosnia-Herzegovina were perpetrated during the conflict" and that "the victims were in large majority members of the
702:
Serbia's involvement, as a principal actor or accomplice, in the genocide that took place in
Srebrenica is supported by massive and compelling evidence — Disagreement with the Court's methodology for appreciating the facts and drawing inferences therefrom — The Court should have required the
708:
statement by the
Serbian Council of Ministers in response to the massacre of Muslim men by the Scorpions amounted to an admission of responsibility — The Court failed to appreciate the definitional complexity of the crime of genocide and to assess the facts before it accordingly.
576:
of the Convention were committed with the specific intent to destroy in part the group of the Muslims of Bosnia and Herzegovina as such; and accordingly that these were acts of genocide, committed by members of the VRS in and around Srebrenica from about 13 July
663:
Finds that Serbia has violated its obligation to comply with the provisional measures ordered by the Court on April 8 and September 13, 1993 in this case, inasmuch as it failed to take all measures within its power to prevent genocide in Srebrenica in July
423:
The Court affirms that it has jurisdiction; Serbia has not committed genocide; Serbia has not conspired to commit genocide, nor incited the commission of genocide; Serbia has not been complicit in genocide; Serbia has violated the obligation to prevent the
617:
Finds that Serbia has not committed genocide, through its organs or persons whose acts engage its responsibility under customary international law, in violation of its obligations under the Convention on the Prevention and Punishment of the Crime of
1263:"Press release by the ICJ: Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro): Statement to the Press by H.E. Judge Rosalyn Higgins"
673:
III of the Convention, and to transfer individuals accused of genocide or any of those other acts for trial by the International Criminal Tribunal for the former Yugoslavia, and to co-operate fully with that Tribunal;
804:
referred in its Preamble to 'the abhorrent policy of "ethnic cleansing", which is a form of genocide', as being carried on in Bosnia and Herzegovina. ... It can only be a form of genocide within the meaning of
642:
Finds that Serbia has violated the obligation to prevent genocide, under the Convention on the Prevention and Punishment of the Crime of Genocide, in respect of the genocide that occurred in Srebrenica in July
626:
Finds that Serbia has not conspired to commit genocide, nor incited the commission of genocide, in violation of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide;
581:
The Court found—although not unanimously—that Serbia was neither directly responsible for the Srebrenica genocide, nor that it was complicit in it, but it did rule that Serbia had committed a breach of the
1123:"Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) – Judgment: Dissenting Opinion of Vice-President Al-Khasawneh"
1239:
770:, the Court had no jurisdiction to make findings in that regard, as the case dealt "exclusively with genocide in a limited legal sense and not in the broader sense sometimes given to this term."
651:
Finds that Serbia has violated its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide by having failed to transfer Ratko Mladić, indicted for genocide and
537:
1037:"The Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) [2007] Judgment, ICJ General List No. 91"
973:"The Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) [2007] Judgment, ICJ General List No. 91"
931:"The Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) [2007] Judgment, ICJ General List No. 91"
806:
598:, dissented on the grounds that "Serbia's involvement, as a principal actor or accomplice, in the genocide that took place in Srebrenica is supported by massive and compelling evidence."
1322:
529:
applies, as the issues raised by Serbia has already been resolved in the 1996 Judgment of the same set of proceedings that dealt with preliminary objections. The Court ruled that
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Finds that Serbia has not been complicit in genocide, in violation of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide;
587:
1497:
1148:"Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro): Press release 2007/8"
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Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro): List of judgements
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1317:
1147:
1507:
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800:"The term 'ethnic cleansing' has frequently been employed to refer to the events in Bosnia and Herzegovina which are the subject of this case ...
513:("Serbia") first raised an issue of jurisdiction. Serbia contends that the ICJ has no jurisdiction over it as it was not a continuator State of
1005:
1467:
1247:
316:
The Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v Serbia and Montenegro)
655:, for trial by the International Criminal Tribunal for the former Yugoslavia, and thus having failed fully to co-operate with that Tribunal;
1407:
891:
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Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro)
1418:
1266:
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Rejects the objections contained in the final submissions made by the Respondent to the effect that the Court has no jurisdiction; ...
594:, and for violating its obligation to comply with the provisional measures ordered by the Court. The then vice-president of the Court,
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The Court further decided that, following Montenegro's declaration of independence in May 2006, Serbia, Serbia and Montenegro's
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referred to in subparagraph (5), a direction to provide assurances and guarantees of non-repetition, would be appropriate.
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817:), that is to say with a view to the destruction of the group, as distinct from its removal from the region. As the
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200:
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1356:. "The strange story of the Bosnian genocide case." Leiden Journal of International Law 21.1 (2008): 65–94.
1431:
1403:, 31 May 2006 — An interview with a Serbian legal expert who thought that Bosnia would win the case.
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noted that while there was substantial evidence of events in Bosnia and Herzegovina that may amount to
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group. The expulsion of a group or part of a group does not in itself suffice for genocide.' ..."
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436:; Serbia has violated its obligation to comply with the provisional measures ordered by the Court
178:
76:
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652:
522:
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1385:
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when the then proceedings were instituted, neither was it party to the Statute of the Court.
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8:
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The vice-president of the International Court of Justice, Judge Al-Khasawneh, dissented:
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736:
450:
Application of the Convention on the Prevention and Punishment of the Crime of Genocide
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events involved at the relevant time the composite State of Serbia and Montenegro."
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The Court concludes that the acts committed at Srebrenica falling within Article II
1397:
Bosnia-Herzegovina will win its law suit in The Hague - interview with Srda Popovic
1327:
1243:
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by failing to prevent the genocide from occurring and for not cooperating with the
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applies to preclude reconsideration of the jurisdictional issues raised by Serbia.
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814:
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374:
366:
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591:
777:, was the only Respondent party in the case, but that "any responsibility for
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728:
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590:(ICTY) in punishing the perpetrators of the genocide, in particular General
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530:
526:
1214:"The International Court of Justice and the decriminalisation of genocide"
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be held responsible itself for acts of genocide was rejected by the ICJ.
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478:
386:
382:
370:
1443:
The International Court of Justice and the Decriminalisation of Genocide
1216:. www.bosnia.org.uk/about/default.cfm Bosnian Institute]. Archived from
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quoted from the ICJ ruling on the Bosnian genocide case to explain that
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on the blog site on the University of Chicago law school 9 March 2006.
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was not enough on its own to establish that a genocide had occurred:
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In reaching this decision, the court referred to the standard set by
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The second major contention pertains to the scope and meaning of
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despite their common goal and widely publicised support in the
1419:
Genocide Court Ruled for Serbia Without Seeing Full War Archive
1177:"Serbia found guilty of failure to prevent and punish genocide"
841:
February 27, 2006 through March 7, 2006, Bosnia and Herzegovina
731:
was found not to be legally responsible for the actions of the
1193:
409:
judge appointed by Bosnia and Herzegovina) and Milenko Kreća (
1128:. International Court of Justice. p. 241. Archived from
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April 18, 2006 through April 24, 2006, Bosnia and Herzegovina
855:
March 17, 2006 through March 21, 2006, Bosnia and Herzegovina
1196:"Bosnia and Herzegovina v. Serbia and Montenegro - Judgment"
858:
March 22, 2006 through March 28, 2006, Serbia and Montenegro
1240:"Courte: Serbia failed to prevent genocide, UN court rules"
818:
433:
1088:"Bosnia and Herzegovina v. Serbia and Montenegro—judgment"
1116:
1114:
588:
International Criminal Tribunal for the former Yugoslavia
481:, alleged that Serbia had attempted to exterminate the
1111:
869:
May 2, 2006 through May 9, 2006, Serbia and Montenegro
1006:"Prosecution and Punishment of the Crime of Genocide"
1194:International Court of Justice (26 February 2007).
1171:
1169:
90:. Unsourced material may be challenged and removed.
1179:. Sense Tribunal. 26 February 2007. Archived from
852:Hearing of experts, witnesses and witness-experts
1454:
1166:
428:; Serbia has violated its obligations under the
1145:
1070:"Court Declares Bosnia Killings Were Genocide"
444:Bosnia and Herzegovina v Serbia and Montenegro
285:Bosnia and Herzegovina v Serbia and Montenegro
1379:Article in the Boston Globe: Bosnia v. Serbia
432:by having failed to transfer Ratko Mladić to
1386:Court starts hearing Bosnia's genocide claim
892:List of International Court of Justice cases
751:forces were under the formal control of the
16:2007 International Court of Justice decision
1498:Bosnia and Herzegovina–Montenegro relations
1368:Serbia and Montenegro on Trial for Genocide
1323:Summary of the Judgment of 26 February 2007
1261:Higgins, Judge Rosalyn (26 February 2007).
517:("SFRY"). As such, it was not party to the
53:Learn how and when to remove these messages
1508:Foreign relations of Serbia and Montenegro
784:In reviewing the case in the judgement of
413:judge appointed by Serbia and Montenegro)
270:Learn how and when to remove this message
252:Learn how and when to remove this message
150:Learn how and when to remove this message
1432:Genocide Acquittal Provokes Legal Debate
1337:- case 91 - Judgment of 26 February 2007
924:
922:
920:
918:
788:Jorgić v. Germany], on 12 July 2007 the
515:Socialist Federal Republic of Yugoslavia
1493:Bosnia and Herzegovina–Serbia relations
1436:Institute for War & Peace Reporting
1372:Institute for War & Peace Reporting
1260:
966:
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844:March 8, 2006 through March 16, 2006,
188:Please improve this article by adding
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1003:
915:
882:List of Bosnian genocide prosecutions
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538:Article IX of the Genocide Convention
504:
1468:International Court of Justice cases
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1212:Hoare, Marko Attila (9 March 2007).
1068:Simons, Marlise (27 February 2007).
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88:adding citations to reliable sources
59:
18:
1146:ICJ press room (26 February 2007).
1042:. p. 108 § 297. Archived from
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970:
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1246:. 26 February 2007. Archived from
978:. pp. 142–201. Archived from
802:General Assembly resolution 47/121
14:
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1010:Fordham International Law Journal
936:. pp. 80–104. Archived from
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34:This article has multiple issues.
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1473:2007 in international relations
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485:(Bosnian Muslim) population of
75:needs additional citations for
42:or discuss these issues on the
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1096:International Court of Justice
1080:
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790:European Court of Human Rights
753:Federal Republic of Yugoslavia
677:(9) by thirteen votes to two,
668:(8) by fourteen votes to one,
659:(7) by thirteen votes to two,
647:(6) by fourteen votes to one,
638:(5) by twelve votes to three,
622:(3) by thirteen votes to two,
613:(2) by thirteen votes to two,
491:International Court of Justice
459:International Court of Justice
306:International Court of Justice
1:
1306:
630:(4) by eleven votes to four,
190:secondary or tertiary sources
1503:Law of Serbia and Montenegro
887:Croatia–Serbia genocide case
489:. The case was heard in the
344:Written and oral proceedings
7:
875:
564:. It stated the following:
551:
501:, and ended on 9 May 2006.
10:
1529:
1513:International criminal law
1408:Serbia cleared of genocide
724:Nicaragua v. United States
605:(1) by ten votes to five,
1352:Dimitrijević, Vojin, and
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1318:ICJ Press Release 2007/8
1035:ICJ (26 February 2007).
1004:Vyver, Johan D. (1999).
971:ICJ (26 February 2007).
929:ICJ (26 February 2007).
897:
838:First round of argument
596:Awn Shawkat Al-Khasawneh
464:
455:public international law
363:Awn Shawkat Al-Khasawneh
1377:Posner, Eric (poster),
1108:, pp. 164-187 § 388-438
768:crimes against humanity
525:("Bosnia") argues that
469:The claim filed by Dr.
447:ICJ 2 (also called the
399:Bernardo SepĂşlveda Amor
201:"Bosnian genocide case"
99:"Bosnian genocide case"
830:
710:
691:
653:complicity in genocide
579:
556:The ICJ held that the
523:Bosnia and Herzegovina
487:Bosnia and Herzegovina
177:relies excessively on
1441:Hoare, Marko Attila.
846:Serbia and Montenegro
827:ECHR quoting the ICJ.
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743:protected group, the
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603:
566:
511:Serbia and Montenegro
1220:on 28 September 2007
1201:. p. 115 § 276.
457:case decided by the
401:, Mohamed Bennouna,
84:improve this article
1406:Hudson, Alexandra.
1296:"Jorgić v. Germany"
1154:on 13 February 2010
758:ICJ President Dame
584:Genocide Convention
558:Srebrenica massacre
519:Genocide Convention
430:Genocide Convention
426:Srebrenica genocide
334:General List No. 91
296:The seal of the ICJ
1424:The New York Times
1414:, 27 February 2007
1392:, 27 February 2006
1374:, 24 February 2006
1333:2011-03-01 at the
1250:on 10 August 2007.
1074:The New York Times
737:Iran-Contra Affair
694:Dissenting opinion
505:Preliminary issues
365:(Vice-President),
1417:Simons, Marlise.
1401:Bosnian Institute
1399:, Bosnia Report,
1280:Jorgić v. Germany
786:Jorgić v. Germany
733:Contra guerrillas
686:ICJ press release
601:The Court found:
475:Alija Izetbegović
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1463:Bosnian genocide
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1294:(12 July 2007).
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1269:on 17 June 2014.
1265:. Archived from
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403:Leonid Skotnikov
350:Court membership
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727:, in which the
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82:Please help
77:verification
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36:Please help
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1158:10 November
1053:10 November
1020:7 September
989:10 November
947:10 November
499:Netherlands
479:Bosnian War
477:during the
387:Peter Tomka
383:Bruno Simma
371:Shi Jiuyong
1457:Categories
1307:References
1103:2021-03-13
764:war crimes
340:Transcript
212:newspapers
179:references
110:newspapers
39:improve it
775:successor
618:Genocide;
495:The Hague
493:(ICJ) in
242:June 2016
140:June 2016
45:talk page
1347:Journals
1331:Archived
1224:28 March
1016:(2): 287
876:See also
825:—
745:Bosniaks
684:—
562:genocide
552:Judgment
330:Citation
1412:Reuters
1395:Staff.
483:Bosniak
453:) is a
322:Decided
226:scholar
124:scholar
560:was a
411:ad hoc
407:ad hoc
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1091:(PDF)
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934:(PDF)
911:ICJ 2
898:Notes
664:1995;
643:1995;
577:1995.
465:Facts
302:Court
233:JSTOR
219:books
131:JSTOR
117:books
1292:ECHR
1226:2007
1160:2007
1055:2007
1022:2022
991:2007
949:2007
819:ICTY
779:past
572:and
434:ICTY
205:news
103:news
766:or
574:(b)
570:(a)
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