Bosnia and Herzegovina v. Serbia and Montenegro Case Brief Summary | Law Case Explained

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) | 2007 I.C.J. 191

From 1992 to 1995, thousands of Bosnian Muslims were massacred, all in the name of ethnic cleansing. In the 2007 Bosnia and Herzegovina versus Serbia and Montenegro opinion, we examine how the International Court of Justice addressed responsibilities for this horrific genocide under the UN Convention on the Prevention and Punishment of the Crime of Genocide.

After the Socialist Federal Republic of Yugoslavia began to dissemble, several republics, including Bosnia and Herzegovina, declared their independence. A period of intense armed conflict followed. In 1995, thousands of Bosnian Muslims were massacred in the village of Srebrenica, marking the worst mass murder in Europe since the Holocaust. The killings were carried out by Bosnian Serb forces known to be influenced by the Serbian government.

Bosnia and Herzegovina initiated proceedings against Serbia in the international court for violations of the convention, including the genocide of Bosnian Muslims. Serbia was a contracting party to the convention.

The court held public hearings on the merits of the case and delivered its opinion.

The court found that genocide was indeed committed at Srebrenica. However, it determined that it wasn’t attributable to Serbia under international law because Serbia didn’t commit, direct, or incite these specific intent to destroy killings. However, the court did find that Serbia failed to meet its obligations to prevent acts of genocide even though the forces that committed it weren’t entirely under state control. In its opinions, the court intensely scrutinized the obligations of contracting parties to the convention.

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