Whether newly divided States of Serbia and Montenegro remained as the respondents in this case and could be jointly and severally liable for any wrongdoing, considering that the alleged acts of genocide occurred when Serbia and Montenegro constituted a single State and that Serbia was the formal successor State.
Whether the court had jurisdiction, in light of the contention that the Federal Republic of Yugoslavia/Serbia and Montenegro/Republic of Serbia was not a party to the Convention on the Prevention and Punishment of the Crime of Genocide at the time the Application was filed.
Whether international state responsibility is incurred when an organ of a State, or a person or group whose acts are legally attributable to the State, commits any of the acts proscribed by Article III of the Genocide Convention.
How to define the protected group, ie whether allegations of acts of genocide committed against non–nationals outside of one's territory are admissible under the Genocide Convention, and whether the group must be defined in positive terms.
Whether Serbia committed, conspired to commit, incited to commit, or was complicit in the commission of genocide.
Whether Serbia violated its obligations under the Genocide Convention to prevent genocide in respect of the acts that occurred in Srebrenica in July 1995, or by its failure to transfer Ratko Mladić to the International Criminal Tribunal for the former Yugoslavia for trial.
Whether an order for Serbia to pay compensation or a direction to Serbia to provide assurances and guarantees of non–repetition would be appropriate remedies in this case.
Keywords: Burden of proof; Ethnic cleansing; Genocide; International courts and tribunals, jurisdiction; Standard of proof; State succession; State succession, international agreements; States, formation, continuity, extinction; Treaties, binding force; Treaties, fundamental change of circumstances; Treaties, scope (temporal and territorial)
Legal Material. 240202 words.
Subjects: Use of Force, War, Peace and Neutrality ; Public International Law ; International Law ; Law
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