Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v Serbia and Montenegro)

Publisher:
University of New South Wales
Publication Type:
Journal Article
Citation:
The University of New South Wales Law Journal, 2008, 31 (1), pp. 80 - 106
Issue Date:
2008-01
Full metadata record
Files in This Item:
Filename Description Size
Thumbnail2008001908.pdf1.77 MB
Adobe PDF
On 26 February 2007 the International Court of Justice ('ICJ') handed down its long-awaited judgment in the case concerning application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v Serbia and Montenegro).· The Court adjudicated alleged violations by Serbia and Montenegro ('Serbia') of the Convention on the Prevention and Punishment of the Crime of Genocide,2 examining whether genocide occurred during the secession of Bosnia and Herzegovina ('Bosnia') and, if it did, whether those actions could be attributed to Serbia. The Court found that Serbia had not committed genocide, but had violated obligations to prevent genocide and to cooperate fully with the International Criminal Tribunal for the former Yugoslavia ('ICTy,).3 The Court also found that the award of compensatory damages was not appropriate in this case. The case has generated public division over the Court's reasoning on difficult jurisdictional questions, as well as the characterisation of, and responsibility for, atrocities committed. The fact alone that the case concerns alleged breaches of the jus cogens prohibition on genocide makes the case significant.
Please use this identifier to cite or link to this item: