Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007)
E76548
Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007) is a landmark International Court of Justice judgment that addressed state responsibility for genocide during the Bosnian War, including the Srebrenica massacre, and clarified key obligations under the Genocide Convention.
All labels observed (8)
How this entity was disambiguated
This entity first appeared as the object of triple T612924 — resolving that mention is where its identity was fixed. The disambiguator weighed these candidate entities and picked the highlighted one (or “None”, minting a new entity). This is how homonymy is resolved: the same surface form can point to different entities.
Target entity: Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007) Context triple: [Article I of the 1948 Genocide Convention, interpretedIn, Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007)]
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A.
International Criminal Tribunal for the former Yugoslavia
The International Criminal Tribunal for the former Yugoslavia was a UN court established to prosecute individuals responsible for war crimes, crimes against humanity, and genocide committed during the conflicts in the Balkans in the 1990s.
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B.
State of Slovenes, Croats and Serbs
The State of Slovenes, Croats and Serbs was a short-lived South Slavic state established in 1918 from former Austro-Hungarian territories, which soon united with the Kingdom of Serbia to form the Kingdom of Serbs, Croats and Slovenes (later Yugoslavia).
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C.
Chamber of Summary Procedure of the International Court of Justice
The Chamber of Summary Procedure of the International Court of Justice is a smaller, specially constituted body of the Court designed to handle certain cases more expeditiously than the full bench.
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D.
Kosovo War
The Kosovo War was a late-1990s armed conflict in the Balkans between Yugoslav/Serbian forces and ethnic Albanian separatists, which prompted a NATO bombing campaign and ultimately led to the withdrawal of Serbian forces from Kosovo.
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E.
Registry of the International Criminal Court
The Registry of the International Criminal Court is the administrative organ responsible for the Court’s non-judicial functions, including support to judges, counsel, victims, and witnesses, and the overall management of court services.
- F. None of above. chosen
- G. Unsure - the case is ambiguous/there is not enough information to decide.
Target entity: Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007) Target entity description: Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007) is a landmark International Court of Justice judgment that addressed state responsibility for genocide during the Bosnian War, including the Srebrenica massacre, and clarified key obligations under the Genocide Convention.
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A.
International Criminal Tribunal for the former Yugoslavia
The International Criminal Tribunal for the former Yugoslavia was a UN court established to prosecute individuals responsible for war crimes, crimes against humanity, and genocide committed during the conflicts in the Balkans in the 1990s.
-
B.
State of Slovenes, Croats and Serbs
The State of Slovenes, Croats and Serbs was a short-lived South Slavic state established in 1918 from former Austro-Hungarian territories, which soon united with the Kingdom of Serbia to form the Kingdom of Serbs, Croats and Slovenes (later Yugoslavia).
-
C.
Chamber of Summary Procedure of the International Court of Justice
The Chamber of Summary Procedure of the International Court of Justice is a smaller, specially constituted body of the Court designed to handle certain cases more expeditiously than the full bench.
-
D.
Kosovo War
The Kosovo War was a late-1990s armed conflict in the Balkans between Yugoslav/Serbian forces and ethnic Albanian separatists, which prompted a NATO bombing campaign and ultimately led to the withdrawal of Serbian forces from Kosovo.
-
E.
Registry of the International Criminal Court
The Registry of the International Criminal Court is the administrative organ responsible for the Court’s non-judicial functions, including support to judges, counsel, victims, and witnesses, and the overall management of court services.
- F. None of above. chosen
Statements (49)
| Predicate | Object |
|---|---|
| instanceOf |
International Court of Justice case
ⓘ
contentious case ⓘ genocide case ⓘ international court judgment ⓘ |
| applicantState | Bosnia and Herzegovina ⓘ |
| category | landmark ICJ judgment ⓘ |
| citation |
Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007)
self-linksurface differs
ⓘ
surface form:
Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgment, I.C.J. Reports 2007
|
| clarifiedConcept |
attribution of conduct of non-state or de facto organs to a state
ⓘ
duty to prevent genocide as an obligation of conduct, not of result ⓘ erga omnes partes character of obligations under the Genocide Convention ⓘ obligation to cooperate with international criminal tribunals in genocide cases ⓘ obligation to punish genocide ⓘ standard of due diligence in preventing genocide ⓘ state responsibility for genocide distinct from individual criminal responsibility ⓘ |
| concerns |
Bosnian War
ⓘ
Srebrenica genocide ⓘ
surface form:
Srebrenica massacre
obligations under the Genocide Convention ⓘ state responsibility for genocide ⓘ |
| court | International Court of Justice ⓘ |
| dateOfJudgment | 2007-02-26 ⓘ |
| finding |
Serbia breached its obligation to prevent genocide once it became aware of a serious risk of genocide at Srebrenica
ⓘ
Serbia breached its obligation to punish genocide by not taking necessary measures to bring perpetrators to justice ⓘ Serbia did not commit genocide through its own organs or persons whose acts are attributable to it ⓘ Serbia failed to comply with its obligation to cooperate with the ICTY ⓘ Serbia failed to prevent the genocide at Srebrenica ⓘ Serbia failed to punish perpetrators of the Srebrenica genocide ⓘ Serbia had influence over the Republika Srpska authorities and the VRS but this did not suffice to attribute their conduct as genocide to Serbia ⓘ Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007) self-linksurface differs ⓘ
surface form:
Serbia must cooperate fully with the ICTY
Serbia must take steps to comply with its obligations under the Genocide Convention ⓘ Serbia violated its obligations under Article I of the Genocide Convention by failing to prevent genocide ⓘ Serbia violated its obligations under Article VI of the Genocide Convention by failing to transfer Ratko Mladić to the ICTY ⓘ Serbia was not complicit in genocide in Bosnia and Herzegovina outside Srebrenica ⓘ genocide was committed at Srebrenica in July 1995 ⓘ no genocide was proven in other parts of Bosnia and Herzegovina beyond Srebrenica for purposes of state responsibility ⓘ |
| findingOnReparations | ICJ held that a declaration of Serbia’s breach constituted appropriate satisfaction and did not order financial compensation ⓘ |
| languageOfJudgment |
English
ⓘ
French ⓘ |
| legalBasis |
GenocideConvention1948
ⓘ
surface form:
Convention on the Prevention and Punishment of the Crime of Genocide
|
| placeOfJudgment |
Peace Palace
ⓘ
surface form:
Peace Palace, The Hague, Netherlands
|
| relatedInstrument |
Rules of Court of the International Court of Justice
ⓘ
Statute of the International Court of Justice ⓘ |
| relatedTo | International Criminal Tribunal for the former Yugoslavia ⓘ |
| respondentState |
Serbia
ⓘ
surface form:
Republic of Serbia
State Union of Serbia and Montenegro ⓘ
surface form:
Serbia and Montenegro
|
| shortName |
Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007)
self-linksurface differs
ⓘ
surface form:
Bosnian Genocide case (ICJ)
|
| subjectMatter |
interpretation and application of the Genocide Convention
ⓘ
state responsibility for internationally wrongful acts ⓘ |
| timePeriodConcerned | 1992–1995 ⓘ |
| usedEvidenceFrom | ICTY judgments on Srebrenica ⓘ |
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Subject: Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007) Description of subject: Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007) is a landmark International Court of Justice judgment that addressed state responsibility for genocide during the Bosnian War, including the Srebrenica massacre, and clarified key obligations under the Genocide Convention.
Referenced by (12)
Full triples — surface form annotated when it differs from this entity's canonical label.