Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007)

E76548

International Court of Justice case contentious case genocide case international court judgment

Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007) is a landmark International Court of Justice judgment that addressed state responsibility for genocide during the Bosnian War, including the Srebrenica massacre, and clarified key obligations under the Genocide Convention.

Observed surface forms (5)

Surface form	Occurrences
Bosnia and Herzegovina v. Serbia and Montenegro	2
Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgment, I.C.J. Reports 2007	1
Bosnia and Herzegovina v. Serbia and Montenegro (ICJ)	1
Bosnian Genocide case (ICJ)	1
Serbia must cooperate fully with the ICTY	1

Statements (49)

Predicate	Object
instanceOf	International Court of Justice case ⓘ contentious case ⓘ genocide case ⓘ international court judgment ⓘ
applicantState	Bosnia and Herzegovina ⓘ
category	landmark ICJ judgment ⓘ
citation	Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007) self-linksurface differs ⓘ surface form: Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgment, I.C.J. Reports 2007
clarifiedConcept	attribution of conduct of non-state or de facto organs to a state ⓘ duty to prevent genocide as an obligation of conduct, not of result ⓘ erga omnes partes character of obligations under the Genocide Convention ⓘ obligation to cooperate with international criminal tribunals in genocide cases ⓘ obligation to punish genocide ⓘ standard of due diligence in preventing genocide ⓘ state responsibility for genocide distinct from individual criminal responsibility ⓘ
concerns	Bosnian War ⓘ Srebrenica genocide ⓘ surface form: Srebrenica massacre obligations under the Genocide Convention ⓘ state responsibility for genocide ⓘ
court	International Court of Justice ⓘ
dateOfJudgment	2007-02-26 ⓘ
finding	Serbia breached its obligation to prevent genocide once it became aware of a serious risk of genocide at Srebrenica ⓘ Serbia breached its obligation to punish genocide by not taking necessary measures to bring perpetrators to justice ⓘ Serbia did not commit genocide through its own organs or persons whose acts are attributable to it ⓘ Serbia failed to comply with its obligation to cooperate with the ICTY ⓘ Serbia failed to prevent the genocide at Srebrenica ⓘ Serbia failed to punish perpetrators of the Srebrenica genocide ⓘ Serbia had influence over the Republika Srpska authorities and the VRS but this did not suffice to attribute their conduct as genocide to Serbia ⓘ Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007) self-linksurface differs ⓘ surface form: Serbia must cooperate fully with the ICTY Serbia must take steps to comply with its obligations under the Genocide Convention ⓘ Serbia violated its obligations under Article I of the Genocide Convention by failing to prevent genocide ⓘ Serbia violated its obligations under Article VI of the Genocide Convention by failing to transfer Ratko Mladić to the ICTY ⓘ Serbia was not complicit in genocide in Bosnia and Herzegovina outside Srebrenica ⓘ genocide was committed at Srebrenica in July 1995 ⓘ no genocide was proven in other parts of Bosnia and Herzegovina beyond Srebrenica for purposes of state responsibility ⓘ
findingOnReparations	ICJ held that a declaration of Serbia’s breach constituted appropriate satisfaction and did not order financial compensation ⓘ
languageOfJudgment	English ⓘ French ⓘ
legalBasis	GenocideConvention1948 ⓘ surface form: Convention on the Prevention and Punishment of the Crime of Genocide
placeOfJudgment	Peace Palace ⓘ surface form: Peace Palace, The Hague, Netherlands
relatedInstrument	Rules of Court of the International Court of Justice ⓘ Statute of the International Court of Justice ⓘ
relatedTo	International Criminal Tribunal for the former Yugoslavia ⓘ
respondentState	Serbia ⓘ surface form: Republic of Serbia State Union of Serbia and Montenegro ⓘ surface form: Serbia and Montenegro
shortName	Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007) self-linksurface differs ⓘ surface form: Bosnian Genocide case (ICJ)
subjectMatter	interpretation and application of the Genocide Convention ⓘ state responsibility for internationally wrongful acts ⓘ
timePeriodConcerned	1992–1995 ⓘ
usedEvidenceFrom	ICTY judgments on Srebrenica ⓘ

Referenced by (8)

Full triples — surface form annotated when it differs from this entity's canonical label.

Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007) → citation → Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007) self-linksurface differs ⓘ

this entity surface form: Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgment, I.C.J. Reports 2007

Article II → citedInCase → Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007) ⓘ

subject surface form: Article II of the Convention on the Prevention and Punishment of the Crime of Genocide

this entity surface form: Bosnia and Herzegovina v. Serbia and Montenegro (ICJ)

Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007) → finding → Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007) self-linksurface differs ⓘ

this entity surface form: Serbia must cooperate fully with the ICTY

Article I → interpretedIn → Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007) ⓘ

subject surface form: Article I of the 1948 Genocide Convention

Article 9 of the Genocide Convention → interpretedInCase → Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007) ⓘ

this entity surface form: Bosnia and Herzegovina v. Serbia and Montenegro

Croatia v. Serbia (ICJ, 2015) → relatedCase → Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007) ⓘ

Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007) → shortName → Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007) self-linksurface differs ⓘ

this entity surface form: Bosnian Genocide case (ICJ)

Article IX → usedInCase → Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007) ⓘ

subject surface form: Article IX (Genocide Convention)

this entity surface form: Bosnia and Herzegovina v. Serbia and Montenegro