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Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovin

On 20 March 1993, the Republic of Bosnia and Herzegovina instituted proceedings against the Federal Republic of Yugoslavia in respect of a dispute concerning alleged violations of the Convention on the Prevention and Punishment of the Crime of Genocide, adopted by the General Assembly of the United Nations on 9 December 1948, as well as various matters which Bosnia and Herzegovina claimed were connected therewith. The Application invoked Article IX of the Genocide Convention as the basis for the jurisdiction of the Court. Subsequently, Bosnia and Herzegovina also invoked certain additional bases of jurisdiction.

On 20 March 1993, immediately after the filing of its Application, Bosnia and Herzegovina submitted a Request for the indication of provisional measures under Article 41 of the Statute and, on 1 April 1993, Yugoslavia submitted written observations on Bosnia and Herzegovina’s Request for provisional measures, in which it, in turn, recommended the Court to order the application of provisional measures to Bosnia and Herzegovina. By an Order dated 8 April 1993, the Court, after hearing the Parties, indicated certain provisional measures with a view to the protection of rights under the Genocide Convention. On 27 July 1993, Bosnia and Herzegovina submitted a new Request for the indication of provisional measures and, on 10 August 1993, Yugoslavia also submitted a Request for the indication of provisional measures. By an Order dated 13 September 1993, the Court, after hearing the Parties, reaffirmed the measures indicated in its Order of 8 April 1993 and declared that those measures should be immediately and effectively implemented. Then, within the extended time-limit of 30 June 1995 for the filing of its Counter-Memorial, Yugoslavia, referring to Article 79, paragraph 1, of the Rules of Court, raised preliminary objections concerning both the admissibility of the Application and the jurisdiction of the Court to entertain the case.

In its Judgment of 11 July 1996, the Court rejected the preliminary objections raised by Yugoslavia and found that it had jurisdiction to deal with the dispute on the basis of Article IX of the Genocide Convention, dismissing the additional bases of jurisdiction invoked by Bosnia and Herzegovina. Among other things, it found that the Convention bound the two Parties and that there was a legal dispute between them falling within the provisions of Article IX.

By an Order dated 23 July 1996, the President of the Court fixed 23 July 1997 as the time-limit for the filing by Yugoslavia of its Counter-Memorial on the merits. The Counter-Memorial was filed within the prescribed time-limit and contained counter-claims, by which Yugoslavia requested the Court, among other things, to adjudge and declare that Bosnia and Herzegovina was responsible for acts of genocide committed against the Serbs in Bosnia and Herzegovina and for other violations of the Genocide Convention. The admissibility of the counter-claims under Article 80, paragraph 1, of the Rules of Court having been called into question by Bosnia and Herzegovina, the Court ruled on the matter, declaring, in its Order of 17 December 1997, that the counter-claims were admissible as such and formed part of the proceedings in the case. The Reply of Bosnia and Herzegovina and the Rejoinder of Yugoslavia were subsequently filed within the time-limits laid down by the Court and its President. During 1999 and 2000, various exchanges of letters took place concerning new procedural difficulties which had emerged in the case. In April 2001, Yugoslavia informed the Court that it wished to withdraw its counter-claims. As Bosnia and Herzegovina had raised no objection, the President of the Court, by an Order of 10 September 2001, placed on record the withdrawal by Yugoslavia of the counter-claims it had submitted in its Counter-Memorial. On 4 May 2001, Yugoslavia submitted to the Court a document entitled “Initiative to the Court to reconsider ex officio jurisdiction over Yugoslavia”, in which it first asserted that the Court had no jurisdiction ratione personae over Serbia and Montenegro and secondly requested the Court to “suspend proceedings regarding the merits of the case until a decision on this Initiative”, i.e., on the jurisdictional issue, had been rendered. On 1 July 2001, it also filed an Application for revision of the Judgment of 11 July 1996 ; this was found to be inadmissible by the Court in its Judgment of 3 February 2003. In a letter dated 12 June 2003, the Registrar informed the Parties to the case that the Court had decided that it could not accede to the Applicant’s request to suspend the proceedings on the merits.

Following public hearings held between 27 February 2006 and 9 May 2006, the Court rendered its Judgment on the merits on 26 February 2007. It began by examining the new jurisdictional issues raised by the Respondent arising out of its admission as a new Member of the United Nations in 2001. The Court affirmed that it had jurisdiction on the basis of Article IX of the Genocide Convention, stating in particular that its 1996 Judgment, whereby it found it had jurisdiction under the Genocide Convention, benefited from the “fundamental” principle of res judicata, which guaranteed “the stability of legal relations”, and that it was in the interest of each Party “that an issue which has already been adjudicated in favour of that party be not argued again”. The Court then made extensive findings of fact as to whether alleged atrocities had occurred and, if so, whether they could be characterized as genocide. After determining that massive killings and other atrocities were perpetrated during the conflict throughout the territory of Bosnia and Herzegovina, the Court found that these acts were not accompanied by the specific intent that defines the crime of genocide, namely the intent to destroy, in whole or in part, the protected group. The Court did, however, find that the killings in Srebrenica in July 1995 were committed with the specific intent to destroy in part the group of Bosnian Muslims in that area and that what happened there was indeed genocide. The Court found that there was corroborated evidence which indicated that the decision to kill the adult male population of the Muslim community in Srebrenica had been taken by some members of the VRS (Army of the Republika Srpska) Main Staff. The evidence before the Court, however, did not prove that the acts of the VRS could be attributed to the Respondent under the rules of international law of State responsibility. Nonetheless, the Court found that the Republic of Serbia had violated its obligation contained in Article 1 of the Genocide Convention to prevent the Srebrenica genocide. The Court observed that this obligation required States that are aware, or should normally have been aware, of the serious danger that acts of genocide would be committed, to employ all means reasonably available to them to prevent genocide, within the limits permitted by international law

The Court further held that the Respondent had violated its obligation to punish the perpetrators of genocide, including by failing to co-operate fully with the International Criminal Tribunal for the former Yugoslavia (ICTY) with respect to the handing over for trial of General Ratko Mladić. This failure constituted a violation of the Respondent’s duties under Article VI of the Genocide Convention.

In respect of Bosnia and Herzegovina’s request for reparation, the Court found that, since it had not been shown that the genocide at Srebrenica would in fact have been averted if Serbia had attempted to prevent it, financial compensation for the failure to prevent the genocide at Srebrenica was not the appropriate form of reparation. The Court considered that the most appropriate form of satisfaction would be a declaration in the operative clause of the Judgment that Serbia had failed to comply with the obligation to prevent the crime of genocide. As for the obligation to punish acts of genocide, the Court found that a declaration in the operative clause that Serbia had violated its obligations under the Convention and that it must transfer individuals accused of genocide to the ICTY and must co-operate fully with the Tribunal would constitute appropriate satisfaction.

This overview is provided for information only and in no way involves the responsibility of the Court.

Institution of proceedings

20 March 1993

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22 March 1993

Procedure(s):Provisional measures

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31 March 1993

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1 April 1993

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6 August 1993

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7 August 1993

Procedure(s):Provisional measures

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10 August 1993

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13 August 1993

Procedure(s):Provisional measures

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22 August 1993

Procedure(s):Provisional measures

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22 August 1993

Procedure(s):Provisional measures

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24 August 1993

Procedure(s):Provisional measures

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25 August 1993

Procedure(s):Provisional measures

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Written proceedings

20 March 1993

Procedure(s):Provisional measures

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22 March 1993

Procedure(s):Provisional measures

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1 April 1993

Procedure(s):Provisional measures

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1 April 1993

Procedure(s):Provisional measures

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27 July 1993

Procedure(s):Provisional measures

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4 August 1993

Procedure(s):Provisional measures

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7 August 1993

Procedure(s):Provisional measures

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8 August 1993

Procedure(s):Provisional measures

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9 August 1993

Procedure(s):Provisional measures

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10 August 1993

Procedure(s):Provisional measures

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13 August 1993

Procedure(s):Provisional measures

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22 August 1993

Procedure(s):Provisional measures

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22 August 1993

Procedure(s):Provisional measures

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24 August 1993

Procedure(s):Provisional measures

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26 August 1993

Procedure(s):Provisional measures

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15 April 1994

Procedure(s):Counter-claims

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26 June 1995

Procedure(s):Preliminary objections

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14 November 1995

Procedure(s):Preliminary objections

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22 July 1997

Procedure(s):Counter-claims

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9 October 1997

Procedure(s):Counter-claims

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24 October 1997

Procedure(s):Counter-claims

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23 April 1998

Procedure(s):Counter-claims

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22 February 1999

Procedure(s):Counter-claims

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20 April 2001

Procedure(s):Counter-claims

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Oral proceedings

Public sitting held on Thursday 1 April 1993, at 10 a.m., at the Peace Palace, President Sir Robert Jennings presiding

Procedure(s):Provisional measures

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Public sitting held on Friday 2 April 1993, at 3 p.m., at the Peace Palace, President Sir Robert Jennings presiding

Procedure(s):Provisional measures

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Public sitting held on Wednesday 25 August 1993, at 10 a.m., at the Peace Palace, President Sir Robert Jennings presiding

Procedure(s):Provisional measures

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Public sitting held on Thursday 26 August 1993, at 10 a.m., at the Peace Palace, President Sir Robert Jennings presiding

Procedure(s):Provisional measures

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Public sitting held on Thursday 26 August 1993, at 3 p.m., at the Peace Palace, President Sir Robert Jennings presiding

Procedure(s):Provisional measures

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Public sitting held on Monday 29 April 1996, at 10 a.m., at the Peace Palace, President Bedjaoui presiding

Procedure(s):Preliminary objections

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Public sitting held on Monday 29 April 1996, at 3 p.m., at the Peace Palace, President Bedjaoui presiding

Procedure(s):Preliminary objections

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Public sitting held on Tuesday 30 April 1996, at 10 a.m., at the Peace Palace, President Bedjaoui presiding

Procedure(s):Preliminary objections

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Public sitting held on Wednesday 1 May 1996, at 10 a.m., at the Peace Palace, President Bedjaoui presiding

Procedure(s):Preliminary objections

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Public sitting held on Wednesday 1 May 1996, at 3 p.m., at the Peace Palace, President Bedjaoui presiding

Procedure(s):Preliminary objections

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Public sitting held on Thursday 2 May 1996, at 3 p.m., at the Peace Palace, President Bedjaoui presiding

Procedure(s):Preliminary objections

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Public sitting held on Friday 3 May 1996, at 3 p.m., at the Peace Palace, President Bedjaoui presiding

Procedure(s):Preliminary objections

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Public sitting held on Monday 27 February 2006, at 10.30 a.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Tuesday 28 February 2006, at 10 a.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Tuesday 28 February 2006, at 3 p.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Wednesday 1 March 2006, at 10 a.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Thursday 2 March 2006, at 10 a.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Thursday 2 March 2006, at 3 p.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Friday 3 March 2006, at 10 a.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Monday 6 March 2006, at 10 a.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Monday 6 March 2006, at 3 p.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Tuesday 7 March 2006, at 10 a.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Wednesday 8 March 2006, at 10 a.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Thursday 9 March 2006, at 10 a.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Thursday 9 March 2006, at 3 p.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Friday 10 March 2006, at 10 a.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Monday 13 March 2006, at 10 a.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Monday 13 March 2006, at 3 p.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Tuesday 14 March 2006, at 10 a.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Tuesday 15 March 2006, at 10 a.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Wednesday 15 March 2006, at 3 p.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Thursday 16 March 2006, at 10 a.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Friday 17 March 2006, at 10 a.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Monday 20 March 2006, at 3 p.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Thursday 23 March 2006, at 10 a.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Thursday 23 March 2006, at 3 p.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Friday 24 March 2006, at 10 a.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Monday 27 March 2006 2006, at 10 a.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Monday 27 March 2006, at 3 p.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Tuesday 28 March 2006, at 10 a.m., at the Peace Palace, Vice-President Al-Khasawneh, Acting President, presiding

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Public sitting held on Tuesday 18 April 2006, at 10.15 a.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Tuesday 18 April 2006, at 3 p.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Wednesday 19 April 2006, at 10 a.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Thursday 20 April 2006, at 10 a.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Thursday 20 April 2006, at 3 p.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Friday 21 April 2006, at 10 a.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Friday 21 April 2006, at 3 p.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Monday 24 April 2006, at 10 a.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Tuesday 2 May 2006, at 10 a.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Tuesday 2 May 2006, at 3 p.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Wednesday 3 May 2006, at 10 a.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Thursday 4 May 2006, at 10 a.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Thursday 4 May 2006, at 3 p.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Monday 8 May 2006, at 10 a.m., at the Peace Palace, President Higgins presiding - Oral arguments on behalf of Serbia and Montenegro: Mr. Obradoviæ, Ms Fauveau-Ivanoviæ

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Public sitting held on Monday 8 May 2006, at 3 p.m., at the Peace Palace, President Higgins presiding

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Public sitting held on Tuesday 9 May 2006, at 10 a.m., at the Peace Palace, President Higgins presiding

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Orders

Request for the Indication of Provisional Measures

Procedure(s):Provisional measures

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Fixing of time-limits: Memorial and Counter-Memorial

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Further Requests for the Indication of Provisional Measures

Procedure(s):Provisional measures

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Extension of time-limits: Memorial and Counter-Memorial

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Extension of time-limit: Counter-Memorial

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Extension of time-limit: Written Statement of observations and submissions on Preliminary Objections

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Fixing of time-limit: Counter-Memorial

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Counter-Claims

Procedure(s):Counter-claims

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Extension of time-limits: Reply and Rejoinder

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Extension of time-limit: Rejoinder

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Withdrawal of Counter-claims

Procedure(s):Counter-claims

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Judgments

Preliminary Objections

Procedure(s):Preliminary objections

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Summaries of Judgments and Orders

Summary of the Order of 8 April 1993

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Summary of the Order of 13 September 1993

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Summary of the Judgment of 11 July 1996

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Summary of the Judgment of 26 February 2007

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Press releases

22 March 1993

Bosnia and Herzegovina brings a case against Yugoslavia (Serbia and Montenegro)

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24 March 1993

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Request for the indication of provisional measures

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3 April 1993

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Request for the indication of provisional measures - Progress and conclusion of public hearings

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6 April 1993

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Request for the indication of provisional measures - Court to give its decision on Thursday 8 April 1993

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8 April 1993

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Request for the indication of provisional measures

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19 April 1993

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

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28 July 1993

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Second request for the indication of provisional measures

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29 July 1993

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Second request for the indication of provisional measures

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11 August 1993

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Request for the indication of provisional measures

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16 August 1993

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Hearing on Yugoslav reguest for provisional measures

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27 August 1993

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Request for the indication of provisional measures

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8 September 1993

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Requests for the indication of Provisional measures - Court to give its decision on Monday 13 September 1993

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13 September 1993

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Order of the Court on provisional measures

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11 October 1993

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - New time-limits in the case brought by Bosnia and Herzegovina against Yugoslavia (Serbia and Montenegro)

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6 April 1995

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

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19 July 1995

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Filing of Preliminary Objections by Yugoslavia (Serbia and Montenegro)

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6 February 1996

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Hearings on preliminary objections to open on 29 April 1996

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19 April 1996

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Hearings on preliminary objections to open on 29 April 1996

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6 May 1996

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Preliminary objections - Progress and conclusion of public hearings

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8 July 1996

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Preliminary objections - Judgment to be delivered on 11 July 1996

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11 July 1996

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

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24 July 1996

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

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17 December 1997

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - The Court finds Yugoslavian counter-claims admissible

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22 January 1998

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Extension of time-limits for the filing of pleadings

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17 December 1998

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Extension of the time-limit for the filing of the Rejoinder of Yugoslavia

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13 September 2001

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - The President of the Court places on record the withdrawal by Yugoslavia of the counter-claims submitted by that State

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8 December 2004

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Public hearings on the merits of the dispute to open on Monday 27 February 2006

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21 December 2005

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Schedule of public hearings to be held from 27 February to 9 May 2006

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21 February 2006

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Accreditation procedure for the public hearings opening on Monday 27 February 2006

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27 February 2006

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Opening of the public hearings on the merits

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16 March 2006

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Schedule of hearings of witnesses, experts and witness-experts to be held from 17 to 28 March 2006

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21 March 2006

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Cancellation of the hearing of Wednesday 22 March 2006

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9 May 2006

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Conclusion of the public hearings on the merits - Court ready to begin its deliberation

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12 February 2007

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Court to deliver its Judgment on Monday 26 February 2007 at 10 a.m. - The President of the Court will make a statement to the press - immediately after the reading of the Judgment

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26 February 2007

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - The Court affirms that it has jurisdiction to deal with the case - The Court finds that Serbia has violated its obligation under the Genocide Convention to prevent genocide in Srebrenica and that it has also violated its obligations under the Convention by having failed fully to co-operate with the International Criminal Tribunal for the former Yugoslavia (ICTY)

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