Posts Tagged ‘Judge Bennouna’
Case: Bosnia v. Serbia
Judgement: Declaration of Judge Bennouna, the International Court of Justice.
FRY’s continued presence within the United Nations — Effects of Serbia and Montenegro’s admission to the United Nations on 1 November 2000 — Serbia’s complicity in genocide — Accomplice’s mens rea as opposed to principal perpetrator’s — Relationship between individual criminal liability and State responsibility — Definition of complicity — “Scorpions”, a paramilitary force under Serbian control.
I wish by means of this declaration to expand upon and clarify certain aspects of the Court’s reasoning in reaffirming its jurisdiction to decide this case. I shall then explain why I disagree with the Court’s finding that Serbia was not complicit in the genocide committed at Srebrenica. Read the rest of this entry »