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

International Court of Justice

2007 I.C.J. 191

Facts

Bosnia and Herzegovina (Bosnia) (plaintiff) brought suit against Serbia and Montenegro (Serbia) (defendant) in 1993 alleging that Serbia violated numerous provisions of the Genocide Convention with respect to protected groups in Bosnia, in particular Bosnia’s Muslim population. The International Court of Justice (ICJ) considered the case and determined that Serbia had not committed genocide, conspired to commit genocide, incited the commission of genocide, or been complicit in genocide within the meaning of the relevant articles of the Convention. The ICJ did, however, find that Serbia violated its responsibility under the Convention to prevent and punish genocide. These findings were based on the ICJ’s interpretation of the “prevent and punish” provision of Article I of the Genocide Convention, the definition of genocide in Article II, and the phrase “responsibility of a State for genocide” in Article IX.

Rule of Law

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Issue

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Holding and Reasoning

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