نوع مقاله : مقاله ترویجی
موضوعات
عنوان مقاله English
نویسنده English
In the Case of Bosnia and Herzegovina v. Serbia and Montenegro (2007), the International Court of Justice ruled that Serbia had violated the Genocide Convention through its failure to "prevent" genocide when it was in a position to do so, and that it had also failed to meet its duty to "punish" by its refusal to arrest war criminals who were within its territorial boundaries. However, in terms of the major issue raised by the case- whether Serbia was "responsible" for "aiding and assisting" Bosnian Serbs engaged in genocide - the Court continued its practice of applying impossibly high standards. This article critiques the manner in which the ICJ approached the issue of "aiding and assisting." It argues that the Court repeatedly ignored the treaty's object and purpose, and that its use of the Draft Articles on State Responsibility was erroneous due to the fact that the responsibilities of state parties are clearly set forth in the Genocide Convention itself.
کلیدواژهها English
