Bosnia and Herzegovina v. Serbia and Montenegro
| Bosnia and Herzegovina v Serbia and Montenegro | |
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The seal of the ICJ
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| Court | International Court of Justice |
| Full case name | The Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v Serbia and Montenegro) |
| Decided | 26 February 2007 |
| Citation(s) | General List No. 91 |
| Transcript(s) | Written and oral proceedings |
| Case opinions | |
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The Court affirms that it has jurisdiction; Serbia has not committed genocide; Serbia has not conspired to commit genocide, nor incited the commission of genocide; Serbia has not been complicit in genocide; Serbia has violated the obligation to prevent the Srebrenica genocide; Serbia has violated its obligations under the Genocide Convention by having failed to transfer Ratko Mladić to ICTY; Serbia has violated its obligation to comply with the provisional measures ordered by the Court |
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| Court membership | |
| Judge(s) sitting | Rosalyn Higgins (President), Awn Shawkat Al-Khasawneh (Vice-President), Raymond Ranjeva, Shi Jiuyong, Abdul G. Koroma, Hisashi Owada, Bruno Simma, Peter Tomka, Ronny Abraham, Kenneth Keith, Bernardo Sepúlveda Amor, Mohamed Bennouna, Leonid Skotnikov, Ahmed Mahiou (ad hoc judge appointed by Bosnia and Herzegovina) and Milenko Kreća (ad hoc judge appointed by Serbia and Montenegro) |
The Court affirms that it has jurisdiction; Serbia has not committed genocide; Serbia has not conspired to commit genocide, nor incited the commission of genocide;
Bosnia and Herzegovina v Serbia and Montenegro [2007] ICJ 2 (also called the Application of the Convention on the Prevention and Punishment of the Crime of Genocide) is a public international law case decided by the International Court of Justice.
Serbia was alleged to have attempted to exterminate the Bosniak (Bosnian Muslim) population of Bosnia and Herzegovina. The claim was filed by Dr. Francis Boyle, an adviser to Alija Izetbegović during the Bosnian War. The case was heard in the International Court of Justice (ICJ) in The Hague, Netherlands, and ended on 9 May 2006.
Following is a schedule of the trial:
The ICJ held that the Srebrenica massacre was a genocide. It stated the following:
The Court concludes that the acts committed at Srebrenica falling within Article II (a) and (b) of the Convention were committed with the specific intent to destroy in part the group of the Muslims of Bosnia and Herzegovina as such; and accordingly that these were acts of genocide, committed by members of the VRS in and around Srebrenica from about 13 July 1995.
The Court found—although not unanimously—that Serbia was neither directly responsible for the Srebrenica genocide, nor that it was complicit in it, but it did rule that Serbia had committed a breach of the Genocide Convention by failing to prevent the genocide from occurring and for not cooperating with the International Criminal Tribunal for the former Yugoslavia (ICTY) in punishing the perpetrators of the genocide, in particular General Ratko Mladić, and for violating its obligation to comply with the provisional measures ordered by the Court. The then Vice-President of the Court, Awn Shawkat Al-Khasawneh, dissented on the grounds that "Serbia's involvement, as a principal actor or accomplice, in the genocide that took place in Srebrenica is supported by massive and compelling evidence."
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