The Genocide Case Before the International Court of Justice

Sicherheit + Frieden, pp. 71-77, 2007

14 Pages Posted: 12 Jun 2009

See all articles by Christian J. Tams

Christian J. Tams

University of Glasgow, School of Law

Martin Mennecke

affiliation not provided to SSRN

Date Written: June 9, 2009

Abstract

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

Tams, Christian J. and Mennecke, Martin, The Genocide Case Before the International Court of Justice (June 9, 2009). Sicherheit + Frieden, pp. 71-77, 2007, Available at SSRN: https://ssrn.com/abstract=1416756

Christian J. Tams (Contact Author)

University of Glasgow, School of Law ( email )

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HOME PAGE: http://www.gla.ac.uk/schools/law/staff/christiantams/

Martin Mennecke

affiliation not provided to SSRN ( email )

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