Judgement of the International Court of Justice: Possible new proceedings and a hearing before the UN Security Council Cover Image

Presuda Međunarodnog suda pravde: mogućnost obnove postupka i rasprava pred Vijećem sigurnosti UN-a
Judgement of the International Court of Justice: Possible new proceedings and a hearing before the UN Security Council

Author(s): Enis Omerović
Subject(s): Law, Constitution, Jurisprudence
Published by: Naučnoistraživački institut »Ibn Sina«
Keywords: genocide; Convention; Srebrenica; accountability of the state; International Court of Justice; renewal of proceedings; hearing before the Security Council

Summary/Abstract: This paper tries to raise the issue of the responsibility of Serbia as the defendant in this proceedings and the fulfilment of its obligations as set by the ruling of the International Court of Justice. The author deals with the issue of the rights of Bosnia and Herzegovina in relation to the defendant pursuant to international law. He also presents two possibilities for the country to opt for following the judgement. One is legal and one is rather political. The paper first presents key elements of the judgement in relation to the existence of accountability of the respondent state. It then deals with the possibility of renewing the proceedings before the Court and a hearing before the UN Security Council, upon request of BiH as the applicant state. The paper tries to present implications of the ICJ judgement for international law in general, and tires to elaborate whether the ICJ has already shaken its foundations, one of them being the principle of doing justice.

  • Issue Year: 2008
  • Issue No: 30-40
  • Page Range: 126-135
  • Page Count: 10
  • Language: Bosnian