Abstract

NIETO-NAVIA, Rafael. INTERNATIONAL RESPONSIBILITY OF STATES IN CASES OF GENOCIDE, THE DECISION OF THE INTERNATIONAL COURT OF JUSTICE IN THE CASE OF SREBRENICA. Int. Law: Rev. Colomb. Derecho Int. [online]. 2010, n.16, pp.17-43. ISSN 1692-8156.

The article refers to the judgment of the International Court of Justice in the case of Bosnia and Herzegovina v. Serbia and Montenegro, in which Serbia (Federal Republic of Yugoslavia, FRY) was accused of having committed genocide through troops of the Republic Srpska in Srebrenica. It considers the Convention on the Prevention and Punishment of the Crime of Genocide, the meaning of "total or partial destruction of a group", and if those troops could be considered de jure or de facto organs of the FRY, a basic definition for attributing responsibility to it. The purpose is to point out to the differences between the jurisprudences of the International Court of Justice and of the International Criminal Tribunal for the Former Yugoslavia and to conclude that the international judicial organs cannot attribute responsibility to a State if the acts were committed by persons or groups which are not de jure or de facto organs of the State.

Keywords : Genocide; group; de jure or de facto organs; Genocide; Srebrenica (Bosnia and Herzegovina); International Criminal Tribunal for the former Yugoslavia; International Court of Justice.

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