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

International court of justice.  08 April 1993 ; 13 September 1993 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Genocide — Definition of genocide — Genocide Convention, 1948 — Conflict in Bosnia–Herzegovina — Commission of atrocities against civilian population — Whether amounting to genocide — Relationship between genocide and other violations of humanitarian law and human rights law — Whether genocide taking place — Whether imputable to Yugoslavia (Serbia and Montenegro) — Duty to prevent genocide — Extent of duty placed upon States not party to the conflict — Whether requiring active intervention to prevent genocide — Prohibition of genocide — Whether possessing status of jus cogens — Effect on powers of the Security Council under Chapter VII of the United Nations Charter

International Court of Justice — Provisional measures of protection — Jurisdiction — Requirement of prima facie basis for jurisdiction — Measures required to protect rights which might be established in the exercise of that jurisdiction — Duty of Court to refuse requests for provisional measures going beyond prima facie basis for jurisdiction — Grounds for indication of provisional measures — Effect of provisional measures — Whether legally binding — Effect on third parties — Power of Court to indicate provisional measures proprio motu — Power of Court to indicate provisional measures to prevent aggravation or extension of the dispute — Procedure on request for provisional measures — Evidence — Admissibility of media material — Findings of fact and imputability — Urgency — Duty of Court to enable both Parties to be heard — Fresh request for provisional measures — Relationship between Court and Security Council — Matter before both Court and Security Council — Duties of both organs — Genocide — Request for provisional measures to prevent genocide

International Court of Justice — Jurisdiction — Genocide Convention, 1948, Article IX — Extent of jurisdiction conferred upon the Court — Doctrine of forum prorogatum — Whether Respondent consenting to jurisdiction of the Court by making request for provisional measures going beyond established basis for jurisdiction

International organizations — United Nations — Security Council — Powers under Chapter VII of the Charter — Limits on the power of the Security Council — Allegation of conflict between binding resolution of the Council and rule of jus cogens — Resolution 713 (1991) — Maintenance of arms embargo in respect of all territories of the former Yugoslavia — Application to Bosnia–Herzegovina — Whether denying Bosnia–Herzegovina the means to prevent the commission of genocide — Whether contrary to Genocide Convention, 1948 — Whether International Court of Justice should indicate provisional measures regarding validity and effect of resolution

Sources of international law — Hierarchy of sources — Jus cogens — Resolutions of Security Council — Priority of Security Council resolution over obligations derived from other international agreements — United Nations Charter, Article 103 — Whether applicable to rules of jus cogens — Genocide Convention, 1948

States — Dissolution of State — Socialist Federal Republic of Yugoslavia — Independence of former republics of Yugoslavia — Continued existence of Yugoslav State — Bosnia–Herzegovina — Peace negotiations — Partition between the three ethnic communities

State succession — Treaties — Yugoslavia — Dissolution of Socialist Federal Republic of Yugoslavia — Succession to treaty obligations — Genocide Convention, 1948 — Bosnia–Herzegovina — Whether entitled to succeed to Convention — Deposit of notification of succession — Vienna Convention on Succession of States in respect of Treaties, 1978 — Whether declaratory of customary law — Yugoslavia (Serbia and Montenegro) — Whether continuation of Socialist Federal Republic of Yugoslavia — Whether bound by treaty obligations of Socialist Federal Republic

Governments — Head of State — Whether entitled to act on behalf of State — Bosnia–Herzegovina — Challenge to legitimacy of President and Government — Whether President entitled to seise International Court of Justice of dispute

State responsibility — For acts of armed groups operating in another State — Serb forces in Bosnia–Herzegovina — Whether acts imputable to Yugoslavia (Serbia and Montenegro) — Whether International Court of Justice should make findings of imputability in provisional measures proceedings

Territory — Acquisition of — By force — Whether prohibited under Genocide Convention, 1948 — Whether partition of territory as a result of peace negotiations incompatible with international law

Treaties — Interpretation — Genocide Convention, 1948 — Statute of the International Court of Justice — Reference to travaux préparatoires — Relationship between treaties and customary international law

War and armed conflict — Civilians — Atrocities committed against civilians in armed conflict — Genocide — Ethnic cleansing — Conflict in Bosnia–Herzegovina — Involvement of United Nations — United Nations forces — War crimes and crimes against humanity — Genocide Convention, 1948 — Jurisdiction of International Court of Justice — Geneva Conventions, 1949 — Other agreements relating to international humanitarian law — Whether conferring jurisdiction upon the Court

Type
Case Report
Copyright
© Cambridge University Press 1994

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