Responsibility of Serbia for genocide: Application of the Convention on the prevention and punishment of the crime of genocide

On February 26th 2007, International Court of Justice claimed Serbia responsible for failing to prevent genocide and punish perpetrators underlining its' responsibility to cooperate with International Criminal Tribunal for former Yugoslavia. Although it was confirmed genocide has been committed...

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Main Author: Tejić Mirjana
Format: Article
Language:English
Published: Victimology Society of Serbia and University of Belgrade, Faculty of Special Education and Rehabilitation 2007-01-01
Series:Temida
Subjects:
Online Access:http://www.doiserbia.nb.rs/img/doi/1450-6637/2007/1450-66370704033T.pdf
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author Tejić Mirjana
author_facet Tejić Mirjana
author_sort Tejić Mirjana
collection DOAJ
description On February 26th 2007, International Court of Justice claimed Serbia responsible for failing to prevent genocide and punish perpetrators underlining its' responsibility to cooperate with International Criminal Tribunal for former Yugoslavia. Although it was confirmed genocide has been committed in Srebrenica 1995, Serbia is not obliged to pay financial reparations. Judgment makes distinction between individual and three-fold state responsibility for genocide, based on Convention on the Prevention and Punishment of the Crime of Genocide and other sources of international law. There are evident disagreements among judges on jurisdiction, interpretation rules, even on meritum of the case. Many questions still remain open especially what precedent effects will have on establishment of state's dolus specialis and how it will influence the reconciliation process in the region.
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publisher Victimology Society of Serbia and University of Belgrade, Faculty of Special Education and Rehabilitation
record_format Article
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spelling doaj-art-0c29899bfb4d439db68c60ffbd551abc2025-08-20T03:32:47ZengVictimology Society of Serbia and University of Belgrade, Faculty of Special Education and RehabilitationTemida1450-66372007-01-01104334210.2298/TEM0704033TResponsibility of Serbia for genocide: Application of the Convention on the prevention and punishment of the crime of genocideTejić MirjanaOn February 26th 2007, International Court of Justice claimed Serbia responsible for failing to prevent genocide and punish perpetrators underlining its' responsibility to cooperate with International Criminal Tribunal for former Yugoslavia. Although it was confirmed genocide has been committed in Srebrenica 1995, Serbia is not obliged to pay financial reparations. Judgment makes distinction between individual and three-fold state responsibility for genocide, based on Convention on the Prevention and Punishment of the Crime of Genocide and other sources of international law. There are evident disagreements among judges on jurisdiction, interpretation rules, even on meritum of the case. Many questions still remain open especially what precedent effects will have on establishment of state's dolus specialis and how it will influence the reconciliation process in the region.http://www.doiserbia.nb.rs/img/doi/1450-6637/2007/1450-66370704033T.pdfgenocideindividual and state's responsibilityInternational Court of JusticeSerbia
spellingShingle Tejić Mirjana
Responsibility of Serbia for genocide: Application of the Convention on the prevention and punishment of the crime of genocide
Temida
genocide
individual and state's responsibility
International Court of Justice
Serbia
title Responsibility of Serbia for genocide: Application of the Convention on the prevention and punishment of the crime of genocide
title_full Responsibility of Serbia for genocide: Application of the Convention on the prevention and punishment of the crime of genocide
title_fullStr Responsibility of Serbia for genocide: Application of the Convention on the prevention and punishment of the crime of genocide
title_full_unstemmed Responsibility of Serbia for genocide: Application of the Convention on the prevention and punishment of the crime of genocide
title_short Responsibility of Serbia for genocide: Application of the Convention on the prevention and punishment of the crime of genocide
title_sort responsibility of serbia for genocide application of the convention on the prevention and punishment of the crime of genocide
topic genocide
individual and state's responsibility
International Court of Justice
Serbia
url http://www.doiserbia.nb.rs/img/doi/1450-6637/2007/1450-66370704033T.pdf
work_keys_str_mv AT tejicmirjana responsibilityofserbiaforgenocideapplicationoftheconventiononthepreventionandpunishmentofthecrimeofgenocide