A Memorial for Bosnia: Framework of Legal Arguments Concerning the Lawfulness of the Maintenance of the United Nations Security Council's Arms Embargo on Bosnia and Herzegovina
140 Pages Posted: 22 Aug 2010
Date Written: April 1, 1994
Abstract
This Memorial seeks to present a framework of legal arguments with respect to the validity and and legal effects of an arms embargo emposed by United Nations Security Council Resolution 713 in September 1991 on the Socialist Federal Republic of Yugoslavia (Yugoslavia), before its dissolution, and since treated as being in force with respect to the new states that have succeeded Yugoslavia. More particularly, the Memorial addresses the legality of maintaining (or at least, having maintained during the crucial time period) the arms embargo in force, either de jure or de facto, against the Republic of Bosnia and Herzegovina (Bosnia) in light of evdience that the arm's embargo's maintenance vis-a-vis Bosnia has contributed to the inability of the Government of Bosnia to prevent the perpetration on Bosnia's territory of acts of genocide by Bosnian Serb forces as well as combined acts of genocide and aggression by the neighboring state of Serbia and Montenegro (Serbia). [Co-authored with Craig Scott, Abid Qureshi, Paul Michell, Peter Copeland and Francis Chang]
Keywords: international law, laws of war, genocide, United Nations Charter, jus cogens
JEL Classification: K33
Suggested Citation: Suggested Citation