Genocide in Bosnia

Bosnian Genocide, 1992-1995

Posts Tagged ‘Judge Awn Shawkat Al-Khasawneh

ICJ Judge, Serbia’s involvement in Srebrenica Genocide supported by massive and compelling evidence

Case: Bosnia v. Serbia
Judgement: Dissenting opinion of Judge Al-Khasawneh, Vice-President of the International Court of Justice.

The Court’s jurisdiction is established – Serious doubts that already settled question of jurisdiction should have been re-examined – SFRY’s United Nations membership could only have been suspended or terminated pursuant to Articles 5 or 6 of the Charter; Security Council and General Assembly resolutions did not have the effect of terminating the SFRY’s United Nations membership – The FRY’s admission to the United Nations in 2000 did not retroactively change its position vis-à-vis the United Nations between 1992 and 2000 – Between 1992 and 2000, the FRY was the continuator of the SFRY, and after its admission to the United Nations, the FRY was the SFRY’s successor – The Court’s Judgment in the Legality of Use of Force cases on the question of access and “treaties in force” is not convincing and regrettably has led to confusion and contradictions within the Court’s own jurisprudence – The Court should not have entertained the Respondent’s highly irregular 2001 “Initiative” on access to the Court, nor should it have invited the Respondent to renew its jurisdictional arguments at the merits phase.

Serbia’s involvement, as a principal actor or accomplice, in the genocide that took place in Srebrenica is supported by massive and compelling evidence – Disagreement with the Court’s methodology for appreciating the facts and drawing inferences therefrom – The Court should have required the Respondent to provide unedited copies of its Supreme Defence Council documents, failing which, the Court should have allowed a more liberal recourse to inference – The “effective control” test for attribution established in the Nicaragua case is not suitable to questions of State responsibility for international crimes committed with a common purpose -The “overall control” test for attribution established in the Tadić case is more appropriatewhen the commission of international crimes is the common objective of the controlling State and the non-State actors – The Court’s refusal to infer genocidal intent from a consistent pattern of conduct in Bosnia and Herzegovina is inconsistent with the established jurisprudence of the ICTY – the FRY’s knowledge of the genocide set to unfold in Srebrenica is clearly established – The Court should have treated the Scorpions as a de jure organ of the FRY – The statement by the Serbian Council of Ministers in response to the massacre of Muslim men by the Scorpions amounted to an admission of responsibility – The Court failed to appreciate the definitional complexity of the crime of genocide and to assess the facts before it accordingly. Read the rest of this entry »