Odgovornost država za zločine pojedinaca
STATE RESPONSIBILITY FOR CRIMES OF INDIVIDUALS

Summary/Abstract: In its first case on the violation of the Convention on the Prevention and Punishment of the Crime of Genocide, the International Court of Justice (ICJ), the highest judicial instance of the UN, dealt with the question of the responsibility of states for the crime of genocide committed on the territory of Bosnia and Herzegovina.In its considerations, the Court relied on exclusively inadequate and incomplete jurisprudence of the International Criminal Tribunal for the former Yugoslavia (ICTY), since only final judgments were taken into consideration till the beginning of oral discussion at the International Court of Justice - ICJ (until March 2006), while it completely rejected the same legal practice considering the issue of attribution of states responsibility, relying exclusively on its jurisprudence (the subject of ICJ - Military and paramilitary activities in Nicaragua), accepted in a completely different light.This attitude of the International Court of Justice led to a paradox: where the ICTY's legal practice was incomplete, the ICJ was strictly followed it, and contrary to that, where the ICTY's legal practice was stable, the ICJ denied it by making opposite its legal practice, which has already been questioned in legal doctrine.

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