Case Concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide

Abstract

Human rights — Jus cogens character of certain human rights norms — Prohibition of genocide — Genocide Convention, 1948 — Status — Nature of rights and obligations under Genocide Convention — Character as obligations erga omnes

International Court of Justice — Jurisdiction — Principles on which jurisdiction based — Whether Court should adopt strict approach to jurisdiction — Disputes clause in multilateral treaty — Genocide Convention, 1948, Article IX — Jurisdiction ratione personae — Whether Convention in force between claimant and respondent — Date at which Convention must be in force — Jurisdiction ratione materiae — Scope of Convention — Nature of disputes covered by Article IX — Jurisdiction ratione temporis — Admissibility

International Court of Justice — Counter-claims — Rules of Court, Article 80 — Definition of counter-claim — Requirement of direct connection between counter-claim and original claim — Meaning — Connection in fact and in law — Discretion of Court — Procedure — Whether Court obliged to hold oral proceedings on admissibility of counter-claim

International criminal law — Genocide — Genocide Convention, 1948 — Definition — Nature of obligations under Genocide Convention — Whether conferring rights and imposing responsibility upon States

International organizations — United Nations — Admission of new member — Significance — Admission of Bosnia and Herzegovina as member — Whether establishing Statehood of Bosnia and Herzegovina — Recognition of President of Bosnia and Herzegovina

Recognition — Of States and governments — Significance — Whether establishing that entity is a State — Whether signifying acceptance of claim to succession — Recognition of particular individual as Head of State — Significance of non-recognition — Whether treaty in force between States which do not recognize one another — Subsequent act of mutual recognition — Dayton — Paris Agreement between Bosnia and Herzegovina, Croatia and Federal Republic of Yugoslavia

State responsibility — Acts of State organs — Relationship between State responsibility and individual criminal responsibility — Genocide — Genocide Convention, 1948 — Whether State can be responsible for genocide contrary to the Convention — Whether dispute regarding alleged responsibility of State for genocide falling within Article IX of the Convention — Prohibition of genocide as obligation owed erga omnes — Significance

State succession — Dissolution of State — Socialist Federal Republic of Yugoslavia — Emergence of Bosnia and Herzegovina as State — Treaty obligations of former Yugoslav State — Genocide Convention, 1948 — Whether Bosnia and Herzegovina succeeding to obligations of former Yugoslavia — Concept of automatic succession to certain treaties — Whether part of customary international law — Date on which Bosnia and Herzegovina became party to Genocide Convention

States — Existence — Admission to United Nations — Circumstances in which State created — Significance of recognition and non-recognition

Treaties — Application — Genocide Convention, 1948 — Nature of rights and obligations — Interpretation — Succession of new States

War and armed conflict — Character of conflict — Conflict in Bosnia and Herzegovina — Whether internal or international — Allegations of genocide — Whether affected by character of conflict