The Genocide Case Before the International Court of Justice
Sicherheit + Frieden, pp. 71-77, 2007
14 Pages Posted: 12 Jun 2009
Date Written: June 9, 2009
This article discusses the much awaited ICJ judgment of February 2007 in the Bosnian Genocide case. It assesses whether the respondent (Serbia) had access to Court and subsequently focuses on the substantive issues raised by Bosnia's claim of genocide. These include the Court's treatment of (i) the prohibition on genocide, especially as compared to the jurisprudence of the ICTY; (ii) issues of attribution of acts of Bosnian Serbs to the state of Serbia; (iii) questions of responsibility for failure to prevent and punish genocide, as well as issues of reparation. It concludes that while the Court rendered a balanced judgment, the proceedings as a whole, spanning 14 years, underline the Court's limited role in the settlement of politically sensitive cases arising out of major political crises.
Keywords: International Court of Justice, ICJ, genocide, Genocide Convention, Bosnia, Srebrenica, duty to prevent
Suggested Citation: Suggested Citation