Monday, February 26, 2007

ICJ decision on genocide in Bosnia

Today the International Court of Justice issued its ruling in the case Bosnia brought against Serbia for committing genocide in the early 1990s.

I have most of a Washington Post article and my thoughts over at www.livesinthebalance.com, but I wanted to hear what others think of this decision, so please post your thoughts in the comments section here!

The decision was as follows: The Court...
-Finds that Serbia has not committed genocide
-Finds that Serbia has not conspired to commit genocide, nor incited the commission of genocide
-Finds that Serbia has not been complicit in genocide
-Finds that Serbia has violated its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide by having failed to transfer Ratko Mladić, indicted for genocide and complicity in genocide, for trial by the International Criminal Tribunal for the former Yugoslavia, and thus having failed fully to co-operate with that Tribunal
-Finds that Serbia has violated its obligation to comply with the provisional measures ordered by the Court on 8 April and 13 September 1993 in this case, inasmuch as it failed to take all measures within its power to prevent genocide in Srebrenica in July 1995
-Decides that Serbia shall immediately take effective steps to ensure full compliance with its obligation under the Convention on the Prevention and Punishment of the Crime of Genocide to punish acts of genocide as defined by Article II of the Convention, or any of the other acts proscribed by Article III of the Convention, and to transfer individuals accused of genocide or any of those other acts for trial by the International Criminal Tribunal for the former Yugoslavia, and to co-operate fully with that Tribunal
-Finds that, as regards the breaches by Serbia of the obligations referred to...above, the case is not one in which an order for payment of compensation, or, in respect of the violation referred to in subparagraph (5), a direction to provide assurances and guarantees of non-repetition, would be appropriate

What do you think?

3 comments:

ulkubbassoy said...

On what basis they distinguished
ethnic cleansing from genocide?
It defines the Serbian act as genocide without mentioning who committed it; leaving thus a genocidal act without any sanction.

ulkubbassoy said...

On what basis they distinguished
ethnic cleansing from genocide?
It defines the Serbian act as genocide without mentioning who committed it; leaving thus a genocidal act without any sanction.

February 28, 2007 1:37 PM
Löschen

Unknown said...

Very similar to the Ottoman Turks...

Oh well... Genocide without justice is the system best left for the remnants of the Ottoman