Prevention and Punishment of the Crime of Genocide Case Brief Summary | Law Case Explained
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Application of the Convention on the Prevention and Punishment of the Crime of Genocide | 2007 I.C.J. 43
In Application of the Convention on the Prevention and Punishment of the Crime of Genocide, the International Court of Justice, or I C J, determined whether a country can be held responsible for a genocide committed by a paramilitary group that wasn’t directly controlled by the country.
In nineteen ninety-five, over eight thousand Muslim men and boys were killed during the Bosnian War in Srebrenica, Bosnia and Herzegovina. The killings were committed by a paramilitary group from Republika Srpska, a political entity located within the Federal Republic of Yugoslavia, later known and referred to here as Serbia.
In two thousand three, Bosnia and Herzegovina filed a claim against Serbia in the I C J, maintaining that Serbia was responsible for the killings. This violated the Convention on the Prevention and Punishment on the Crime of Genocide, known as the Genocide Convention. Bosnia and Herzegovina claimed that at the time of the killings, the paramilitary group was under the direction of Republika Srpska’s ministry of the interior, which worked in close cooperation and coordination with Serbia’s ministry of the interior. Bosnia and Herzegovina also claimed that Serbia provided financial support to Republika Srpska’s military, including paying officers’ salaries. Some generals in Republika Srpska’s military remained under Serbia’s military administration. Serbia argued that the killings weren’t committed with the required genocidal intent and that Serbia couldn’t be held responsible because Republika Srpska’s paramilitary group, not Serbia, carried out the killings.
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