The ICJ’s Opinion in <i>Bosnia and Herzegovina v Serbia and Montenegro</i>

Theodor Meron

in The Making of International Criminal Justice

Published in print July 2011 | ISBN: 9780199608935
Published online September 2011 | e-ISBN: 9780191729706 | DOI:
The ICJ’s Opinion in Bosnia and Herzegovina v Serbia and Montenegro

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The finding by the International Court of Justice (ICJ) that genocide had occurred in Srebrenica is of fundamental importance, especially following upon the International Criminal Tribunal for the former Yugoslavia (ICTY) judgment in the Krstić case concerning genocide and the events of Srebrenica. It is important from a symbolic standpoint, both for the people affected by events at Srebrenica and for the ICTY. And it is important from a legal perspective, for a number of different reasons. For instance, the fact that the Court and the Tribunal have aligned their findings that genocide can occur in a quite circumscribed geographic area puts an end to any lingering debate on this issue. This chapter focuses on some more specific aspects of the ICJ decision and, in particular, on its connections with criminal law and the specific synergies it has created or enhanced between the ICJ and the ICTY.

Keywords: International Court of Justice; Srebrenica; genocide; criminal law; former Yugoslavia

Chapter.  2192 words. 

Subjects: Human Rights and Immigration

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