Advisory opinion of the international court of justice in the hague on legal consequences of the judgment from 2007 Cover Image

Savjetodavno misljenje međunarodnog suda pravde u Hagu povodom presude iz 2007.godine (Bosna i Hercegovina VS. Srbija i Crna Gora zbog krsenja konvencije o sprjecavanju i kaznjavanju zlocina genocida
Advisory opinion of the international court of justice in the hague on legal consequences of the judgment from 2007

Author(s): Sakib Softić
Subject(s): History, Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law
Published by: JU Zavod za zaštitu i korištenje kulturno-historijskog i prirodnog naslijeđa
Keywords: Advisory opinion; text of the letter; genocide; legal position of Republika Srpska; relevant law;

Summary/Abstract: The subject of this paper is the analysis of the assumptions, procedure and proposal of the text of the Request to the International the Court of Justice in The Hague to provide an advisory opinion on the legal consequences of the2007 Judgment of the International Court of Justice in The Hague (Bosnia and Herzegovina vs. Serbia and Montenegro concerning violation the Convention on the Prevention and Punishment of the Crime of Genocide) on the constitutional situation in Bosnia and Herzegovina. The author analyzed the rules of procedure before the International Court of Justice in The Hague contained in the Statute of the Court and the Rules of the Court, the 2007Judgment of the Court and made a proposal for the text of the Motion. The Request first sets out the Court’s findings contained in the 2007 Judgment relating to the commission of crimes of genocide, crimes against humanity,war crimes and other violations of international humanitarian law. Then,the legal position of the Republika Srpska from the moment of its creation to the position of the Republika Srpska according to the Constitution of Bosnia and Herzegovina is analyzed. Finally, the relevant law to request an advisory opinion is stated. All these analyzes elaborated in the explanation of the Request are aimed at formulating the questions that the authorized proposer would refer to the International Court of Justice in The Hague. And which is a central part of this paper

  • Issue Year: 10/2021
  • Issue No: 10
  • Page Range: 297-311
  • Page Count: 15
  • Language: Bosnian