The State as a Criminal Again? The 2007 ICJ Judgment on the Application of the Genocide Convention Viewed From a Criminal Law Perspective

The State as a Criminal Again? The 2007 ICJ Judgment on the Application of the Genocide... The State as a Criminal Again? The 2007 ICJ Judgment on the Application of the Genocide Convention Viewed From a Criminal Law Perspective Szilvia Petkov* I. Introduction For the fi rst time since the adoption of the Convention on the Prevention and Pun- ishment of the Crime of Genocide in 1948, the Balkan Wars of the 1990s and the related proceedings initiated by Bosnia and Herzegovina in 1993 provided the fi rst real opportunity for the International Court of Justice (ICJ) to adjudicate a dispute concerning its application in practice. By rendering its long-awaited judgment on 26 February 2007, the Court completed a historical task and confronted the parties, Bosnia and Herzegovina and Serbia and Montenegro, with a highly controversial and at times startling result: genocide was committed, but Serbia is not responsible for it, and while the state still faces responsibility for having failed to prevent genocide, Bosnia and Herzegovina is not entitled to any form of reparation. This article seeks to provide a concise analysis of selected features of the Court’s fi ndings from the perspective of international criminal law, thereby focusing exclusively on those aspects which relate substantively, procedurally or by analogy to comparable Mag. iur. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Austrian Review of International and European Law Online Brill

The State as a Criminal Again? The 2007 ICJ Judgment on the Application of the Genocide Convention Viewed From a Criminal Law Perspective

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Publisher
BRILL
Copyright
Copyright 2010 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1385-1306
eISSN
1573-6512
D.O.I.
10.1163/15736512-90000018
Publisher site
See Article on Publisher Site

Abstract

The State as a Criminal Again? The 2007 ICJ Judgment on the Application of the Genocide Convention Viewed From a Criminal Law Perspective Szilvia Petkov* I. Introduction For the fi rst time since the adoption of the Convention on the Prevention and Pun- ishment of the Crime of Genocide in 1948, the Balkan Wars of the 1990s and the related proceedings initiated by Bosnia and Herzegovina in 1993 provided the fi rst real opportunity for the International Court of Justice (ICJ) to adjudicate a dispute concerning its application in practice. By rendering its long-awaited judgment on 26 February 2007, the Court completed a historical task and confronted the parties, Bosnia and Herzegovina and Serbia and Montenegro, with a highly controversial and at times startling result: genocide was committed, but Serbia is not responsible for it, and while the state still faces responsibility for having failed to prevent genocide, Bosnia and Herzegovina is not entitled to any form of reparation. This article seeks to provide a concise analysis of selected features of the Court’s fi ndings from the perspective of international criminal law, thereby focusing exclusively on those aspects which relate substantively, procedurally or by analogy to comparable Mag. iur.

Journal

Austrian Review of International and European Law OnlineBrill

Published: Jan 1, 2007

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