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Legal Mechanisms to Establish Accountability for the Genocide in Srebrenica

Human Rights & International Legal Discourse, Vol. 1, No. 2, 2007

Posted: 10 Mar 2010  

Otto Spijkers

Utrecht University School of Law

Date Written: January 1, 2007

Abstract

This article deals with accountability in the context of the Srebrenica genocide. It looks at various ways in which accountability is - or can be - established for violations of human rights committed by the main perpetrators, the state, and the United Nations and its organs. To hold the main perpetrators accountable for their actions in Srebrenica and the rest of the former Yugoslavia, the UN set up the International Criminal Tribunal for the former Yugoslavia (ICTY). The International Court of Justice recently addressed questions of state responsibility in relation to the genocide of Srebrenica. The UN sent peacekeepers (UNPROFOR) to restore peace and security in the region. Both UNPROFOR and the ICTY have since been accused of human rights violations. At the moment, various individuals are attempting to hold the UN accountable for various acts and omissions, including in relation to Srebrenica. The International Law Commission is working on the legal rules governing the responsibility of international organizations, and the political organs of the United Nations are considering possible accountability mechanisms. All of this is very much work in progress: for the time being the accountability for human rights violations by international organizations is the least developed of all accountability mechanisms.

Suggested Citation

Spijkers, Otto, Legal Mechanisms to Establish Accountability for the Genocide in Srebrenica (January 1, 2007). Human Rights & International Legal Discourse, Vol. 1, No. 2, 2007. Available at SSRN: https://ssrn.com/abstract=1566782

Otto Spijkers (Contact Author)

Utrecht University School of Law ( email )

3508 TC Utrecht
Utrecht
Netherlands

HOME PAGE: http://www.uu.nl/leg/staff/OSpijkers/

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