Peace Palace at the Hague

The Bosnian genocide case at the International Court of Justice (also known as Bosnia and Herzegovina v. Serbia and Montenegro; first filed as Bosnia and Herzegovina v. Yugoslavia in 1993; de jure name Application of the Convention on the Prevention and Punishment of the Crime of Genocide) is an ongoing landmark court case where for the first time in the 60-year history of the International Court of Justice (ICJ) one state, Bosnia and Herzegovina, is accusing another state, Serbia and Montenegro, of genocide. The case was filed by Dr. Francis Boyle, an adviser to Alija Izetbegović during the Bosnian War. Image File history File linksMetadata Download high resolution version (2592x1944, 1157 KB) Summary Taken by Kent Wang: http://flickr. ... Image File history File linksMetadata Download high resolution version (2592x1944, 1157 KB) Summary Taken by Kent Wang: http://flickr. ... Yugoslavia (Jugoslavija in Latin, Југославија in Cyrillic, English: Land of the South Slavs) describes four political entities that existed one at a time on the Balkan Peninsula in Europe, during most of the 20th century. ... Look up De jure in Wiktionary, the free dictionary. ... The International Court of Justice (known colloquially as the World Court or ICJ; French: ) is the primary judicial organ of the United Nations. ... Look up Genocide in Wiktionary, the free dictionary. ... Francis Anthony Boyle, is a professor of international law at the University of Illinois College of Law. ... Alija Izetbegović (August 8, 1925 – October 19, 2003) was a Al-Qaeda activist, lawyer, philosopher, and politician, president of Al-Qaeda of Bosnia and Herzegovina from 1990 to 1996 and member of the Al-Qaeda Presidency of Bosnia and Herzegovina from 1996 to 2000, and author of several books, most... Combatants Army of the Republic of Bosnia and Herzegovina (Predominantly Bosniak) Army of Republika Srpska, Yugoslav Peoples Army, various paramilitary units from Serbia and Montenegro (Serbian) Croatian Defence Council, Croatian Army (Croatian) Commanders Alija Izetbegović (President of Bosnia and Herzegovina) Sefer Halilović (Army chief of staff 1992-1993) Rasim...

The case before the ICJ, the UN's highest judicial body, which exclusively hears disputes between states, relates to alleged attempts to wipe out the primarily Bosniak population of Bosnia. The hearings at the court in The Hague, Netherlands, finished on May 9, 2006. A binding ruling will be handed down on February 26, 2007. If Bosnia wins, it could seek billions of dollars in compensation. This article is about the United Nations, for other uses of UN see UN (disambiguation) Official languages English, French, Spanish, Russian, Chinese, Arabic Secretary-General Kofi Annan (since 1997) Established October 24, 1945 Member states 191 Headquarters New York City, NY, USA Official site http://www. ... Bosniaks (natively: Bošnjaci) are South Slavs descended from those who converted to Islam during the Ottoman period (15th-19th century). ... Arms of The Hague Flag of The city of The Hague. ... May 9 is the 129th day of the year in the Gregorian Calendar (130th in leap years). ... -1... February 26 is the 57th day of the year in the Gregorian Calendar. ... 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD (or CE) era. ...

According to some reports, rulings in this case will have repercussions on the case Croatia v. Yugoslavia which is based on a similar indictment currently pending at the ICJ, as well as other related cases that may be brought before this court in the future.

The International Crimes Tribunal ruled that the war in Bosnia-Herzegovina was an international conflict between Bosnia, Serbia, and Croatia. ^[1]

Background

The International Court of Justice (ICJ) in The Hague opened the case 13 years after Bosnia sued the rump Yugoslav state from which it seceded in 1992, followed by a war in which at least 100,000 people were killed. Bosnia and Herzegovina filed a claim on March 20, 1993 alleging violations of the UN Convention on the Prevention and Punishment of the Crime of Genocide against the former Yugoslavia during the 1992-1995 Bosnian war. According to the claim, Bosnia and Herzegovina argue that Yugoslavia had “planned, prepared, conspired, promoted, encouraged, aided and abetted and committed” genocide against its population. Yugoslavia (Jugoslavija in Latin, Југославија in Cyrillic, English: Land of the South Slavs) describes four political entities that existed one at a time on the Balkan Peninsula in Europe, during most of the 20th century. ... March 20 is the 79th day of the year in the Gregorian Calendar (80th in leap years). ... 1993 (MCMXCIII) was a common year starting on Friday of the Gregorian calendar and marked the Beginning of the International Decade to Combat Racism and Racial Discrimination (1993-2003). ... This article is about the United Nations, for other uses of UN see UN (disambiguation) Official languages English, French, Spanish, Russian, Chinese, Arabic Secretary-General Kofi Annan (since 1997) Established October 24, 1945 Member states 191 Headquarters New York City, NY, USA Official site http://www. ... The Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the UN General Assembly in December 1948 and came into effect in January 1951. ... Yugoslavia (Jugoslavija in Latin, Југославија in Cyrillic, English: Land of the South Slavs) describes four political entities that existed one at a time on the Balkan Peninsula in Europe, during most of the 20th century. ... Combatants Army of the Republic of Bosnia and Herzegovina (Predominantly Bosniak) Army of Republika Srpska, Yugoslav Peoples Army, various paramilitary units from Serbia and Montenegro (Serbian) Croatian Defence Council, Croatian Army (Croatian) Commanders Alija Izetbegović (President of Bosnia and Herzegovina) Sefer Halilović (Army chief of staff 1992-1993) Rasim...

Hearings on the merits of the case were delayed while Serbia and Montenegro challenged the court's jurisdiction, but the court made a preliminary ruling in 1996 stating that it held jurisdiction to hear the dispute. In addition, Serbia and Montenegro have filed a counter suit accusing Bosnia and Herzegovina for committing genocide with respect to its Bosnian Serb population. The suit was dropped in 2000 after the fall of Milošević regime in Belgrade in 1999. The case was further challenged as Yugoslavia has since changed its legal name to Serbia and Montenegro, claiming that the latter was not officially member of the UN and hence does not fall under its jurisdiction. The court dismissed the claim, allowing the case to proceed in 2003. It is important to note, however, that the Court earlier dismissed Yugoslavia's case against NATO-member countries, that relied on the same theory, i.e. genocide, holding that there was no jurisdiction over NATO countries since Yugoslavia was not at the time a member of the UN. Slobodan MiloÅ¡ević Slobodan MiloÅ¡ević   (IPA Serbian Cyrillic: Слободан Милошевић) (Požarevac, 20 August 1941 – The Hague, 11 March 2006) was President of Serbia and of Yugoslavia. ... Belgrade (Serbian: Београд or Beograd  ) is the capital and largest city of Serbia. ...

Before the case has even come to court, the Sarajevo legal team has also been forced to deal with resistance from the whole Balkan region, and even from within Bosnia itself. Complaints have emerged from various sides about the expense of the proceedings particularly coming from the Republika Srpska, one of two entities comprising Bosnia and Herzegovina. The case was further hindered by lack of state funding as the Serbian side of the Bosnian parliament frequently vetoed any attempts to budget the court case at the state level. Serbia and Montenegro has also repeatedly urged Bosnia and Herzegovina to settle outside court. Anthem: Bože Pravde (English: God of Justice) Patron Saint: Saint Stephen3 The location of Republika Srpska as part of Bosnia and Herzegovina in Europe. ...

Despite all of this, hearings on the case officially began on February 28, 2006. February 28 is the 59th day of the year in the Gregorian calendar. ... -1...

The two sides

Bosnian case

Bosnian case attests that Serbia and Montenegro (at the time Yugoslavia) has breached its legal obligations toward the People and State of Bosnia and Herzegovina under Articles I, II (a), II (b), II (c), II (d), III (a), III (b), III (c), III (d), III (e), IV and V of the Genocide Convention, specifically by:

• systematic practice of ethnic cleansing of the citizens and sovereign territory of Bosnia and Herzegovina;
• murder, summary execution, torture, rape, kidnapping, mayhem, wounding, physical and mental abuse, and detention of the citizens of Bosnia and Herzegovina;
• wanton devastation of villages, towns, districts, cities, and religious institutions in Bosnia and Herzegovina
• bombardment of civilian population centers in Bosnia and Herzegovina, and especially its capital, Sarajevo;
• continued siege of any civilian population centers in Bosnia and Herzegovina, and especially its capital, Sarajevo;
• starvation of the civilian population in Bosnia and Herzegovina;
• interruption of, interference with, or harassment of humanitarian relief supplies to the citizens of Bosnia and Herzegovina by the international community;
• use of force — whether direct or indirect, overt or covert — against Bosnia and Herzegovina, and from all threats of force against Bosnia and Herzegovina;
• violations of the sovereignty, territorial integrity or political independence of Bosnia and Herzegovina, including all intervention, direct or indirect, in the internal affair of Bosnia and Herzegovina;
• support of any kind — including the provision of training, arms, ammunition, finances, supplies, assistance, direction or any other form of support — to any nation, group, organization, movement or individual engaged or planning to engage in military or paramilitary actions in or against Bosnia and Herzegovina;

According to some reports Bosnian lawyers face the daunting task of proving not only that genocide occurred in Bosnia, but also that responsibility lay with an entire state. The task is viewed as difficult given the uniqueness of the case and the fact that no state has ever been convicted of genocide in the past.[2] Ethnic cleansing refers to various policies or practices aimed at the displacement of an ethnic group from a particular territory. ... Nickname: Olympic City Map of Bosnia and Herzegovina (Sarajevo) Coordinates: Country Bosnia and Herzegovina Entity Federation of Bosnia and Herzegovina&Republika Srpska Canton Sarajevo Canton  - Mayor Semiha Borovac Area    - City 142 km²  (493 sq mi)  - Land 1,277 km² Elevation 500 m  (1,640. ...

The Bosnian side will rely heavily on the findings and decisions of International Crimes Tribunal for the Former Yugoslavia (ICTY) that was also set up by the UN to try individuals accused of war crimes and genocide in the conflicts following the break-up of Yugoslavia. Indeed the ICTY has ruled in a Srebrenica massacre court case (the so called Prosecutor vs Krstić) that the Bosnian Serb Army has committed the act of genocide in and near the Bosnian town of Srebrenica against the Bosniak population. The International Criminal Tribunal for the former Yugoslavia is a body of the United Nations established to prosecute war crimes in the former Yugoslavia. ... Burial of 505 identified Bosniak civilians (July 11, 2006) Burial of 610 identified Bosniak civilians (July 11, 2005 The Srebrenica Massacre, also known as Srebrenica Genocide, was the July 1995 killing of an estimated 7,000-8,000 [1] Bosniak males in the region of Srebrenica in Bosnia and Herzegovina... Bosnian Serb Army, officially Army of the Republika Srpska (Serbian Војска Републике Српске/Vojska Republike Srpske, ВРС/VRS) is the military of the Bosnian Serb political entity of Republika Srpska. ...

It will be up to Bosnian lawyers to provide evidence that the Srebrenica massacre is one of many cases of genocide that took place in Bosnia and Herzegovina, as well as that Serbia and Montenegro is directly responsible for those crimes.

Serbian defense

A key part of the defense case will focus on the issue of the (so called) state-based intent to mass genocide, which is a part of the very definition of genocide, since genocide has to include the intent to destroy a people, in whole or in part. Look up Genocide in Wiktionary, the free dictionary. ...

The Serbian side may therefore argue that there is a lack of evidence that senior Yugoslav officials, even as individuals, had a specifically genocidal intent to destroy a particular part of the Bosnian population at all.

Serbian defense may also challenge its status as the formal legal side of the process, the International UN Court of Justice and its jurisdiction over the case, since the International Court of Justice has already ruled that Federal Republic of Yugoslavia was not a member of the UN during 1992-2000, which includes the Bosnian War (its allegations against the NATO for its 1999 war crimes in operation against the Federal Republic of Yugoslavia were sent to the UN International Court of Justice and were completely refused because of the legal barrier to prosecute one side (here, the NATO) by another side that was outside the UN organization (here, the FRY)). The defense may therefore argue that if the court cannot rule when the FRY/SCG/Serbia is the plaintiff, neither can it rule when the FRY/SCG/Serbia is the defendant. Official language Serbian written in Cyrillic alphabet1 Capital Belgrade2 President3 Svetozar Marović Area  - Total  - % water Ranked 105th 102,350 km² 0. ... This article is about the United Nations, for other uses of UN see UN (disambiguation) Official languages English, French, Spanish, Russian, Chinese, Arabic Secretary-General Kofi Annan (since 1997) Established October 24, 1945 Member states 191 Headquarters New York City, NY, USA Official site http://www. ... Media:rofl. ... This article is about the year 2000. ... This is the history of Bosnia and Herzegovina. ... NATO 2002 Summit in Prague The North Atlantic Treaty Organisation[2] (NATO; French: ; also called the North Atlantic Alliance, the Atlantic Alliance, the Western Alliance, or the North Atlantic Treaty Organization) is a military alliance established by the signing of the North Atlantic Treaty on 4 April 1949. ... 1999 (MCMXCIX) was a common year starting on Friday, and was designated the International Year of Older Persons by the United Nations. ... Official language Serbian written in Cyrillic alphabet1 Capital Belgrade2 President3 Svetozar Marović Area  - Total  - % water Ranked 105th 102,350 km² 0. ... A plaintiff, also known as a claimant or complainer, is the party who initiates a lawsuit (also known as an action) before a court. ... A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ...

Course of trial

Following is a schedule of the trial:

First round of oral argument

February 27, 2006 through March 7, 2006 Bosnia and Herzegovina

March 8, 2006 through March 16, 2006 Serbia and Montenegroo

Hearing of experts, witnesses and witness-experts

March 17, 2006 through March 21, 2006 Bosnia and Herzegovina March 22, 2006 through March 28, 2006 Serbia and Montenegro

Second round of oral argument

April 18, 2006 through April 24, 2006 Bosnia and Herzegovina

May 2, 2006 through May 9, 2006 Serbia and Montenegro

Significance of the case for the International law

Bosnian genocide case at the ICJ is perhaps one of the most important legal cases for the international law since the Nuremberg Trials after the World War II. It is taking place 55 years after the convention for the prevention of genocide has been ratified. As a landmark case it serves to probe the applicability, capability and validity of the ICJ to enforce the genocide convention in this case and in the future. International law (also called public international law to distinguish from private international law, i. ... The Süddeutsche Zeitung announces The Verdict in Nuremberg. ... Combatants Allied Powers Axis Powers Casualties Military dead: 17,000,000 Civilian dead: 33,000,000 Total dead: 50,000,000 Military dead: 8,000,000 Civilian dead: 4,000,000 Total dead 12,000,000 World War II (abbreviated WWII), or the Second World War, was a worldwide conflict...

The case also raises several philosophical issues, one of which is the concept if the whole state can be held responsible for genocide. The critics point out that state responsibility for crimes of genocide inherently serves to establish a collective guilt rather than individual accountability for crimes committed.^{[citation needed]} Some argue that exactly due to this discredited notion of the "collective guilt" changes took place in social and legal systems in last 50 years that led to empowerment of individual and human rights over the rights of the state.^{[citation needed]} As a result those changes empowered human and individual rights and led to establishment of such institutions as ICTY and ICC that serve to hold individuals accountable for the most severe crimes including genocide. Critics further claim that in time when individual accountability takes precedent over discredited notion of the collective guilt, applicability of ICJ in deciding if particular nation can be convicted of genocide becomes questionable.^{[citation needed]} The International Criminal Tribunal for the former Yugoslavia is a body of the United Nations established to prosecute war crimes in the former Yugoslavia. ... cICC may stand for: ICC Bank, Ireland Immunocytochemistry Indianapolis Childrens Choir Integration Competency Center Inter-Cooperative Council at the University of Michigan Intercounty Connector International Chamber of Commerce International Churches of Christ International Color Consortium The International Control Commission, which oversaw the 1954 Geneva Accords ending the First Indochina...

Contrasting philosophy argues that ICJ's purpose is not to establish a collective guilt but rather to work in unison with such institutions as ICC and ICTY as to create conditions where individuals would act as responsible members of the state in respect to the conduct of states that represent them. Proponents of this philosophy also point out that given the rise of human and individual rights in last 50 years, individuals became owners of the modern day state rather than subjects or indistinguishable servants of the state (or kingdom). In their view citizenship within a particular state has many privileges as it has its duties. They argue that if the state is determined responsible for genocide it does not imply the collective guilt of its citizens but a common assumption that its citizens would be responsible for reparations of effects and distribution of costs caused by genocide and not the distribution of guilt for genocide.

As described by Professor Mark Drumbl in regard to Bosnian genocide case at the ICJ:

(T)he deliberate choice by international criminal justice institutions to selectively blame a handful of individuals . . . erases . . . the involvement of ordinary (persons) . . . This, in turn, leads to a retributive shortfall, in so far as only a few people receive their just deserts, while many powerful States and organizations avoid accountability.

References

1. ^ Excerpts from Human Rights Watch's Genocide, War Crimes and Crimes Against Humanity: A Topical Digest of the Case Law of the International Criminal Tribunal for the Former Yugoslavia[1]

See also

• Bosnian Genocide
• Srebrenica massacre
• Siege of Sarajevo

The Bosnian Genocide is a term used by some academic,[1] human rights[2] and by the ICTY in The Hague when referring to a case of genocide that took place in Srebrenica, Bosnia and Herzegovina, during the Bosnian War from 1992 - 1995. ... Burial of 505 identified Bosniak civilians (July 11, 2006) Burial of 610 identified Bosniak civilians (July 11, 2005 The Srebrenica Massacre, also known as Srebrenica Genocide, was the July 1995 killing of an estimated 7,000-8,000 [1] Bosniak males in the region of Srebrenica in Bosnia and Herzegovina... Combatants ARBiH (1992-95) NATO (1995) JNA (1992) VRS (1992-95) Commanders Mustafa Hajrulahović Vahid Karavelić Nedžad Ajnadžić Stanislav Galic (1992-94) Dragomir Milosevic (1994-95) Strength 30,000-70,000 (only 30-40% were properly armed) 30,000 (including irregulars) Casualties Estimated 12,000 dead and 50...

External links

• Srebrenica Genocide Blog
• Reuters report
• Guardian report
• Serbia and Montenegro on Trial for Genocide
• Case docket at ICJ
• An interview with a Serbian legal expert who thinks that Bosnia will win the case
• Discussion of merits of the Bosnian Genocide Case