Serbia did not commit genocide

THE HAGUE – The top UN court ruled yesterday that Serbia did not commit genocide through the killing that ravaged Bosnia during the 1992-95 war, but said Serbia had failed in its obligation to prevent and punish genocide.

The International Court of Justice President Judge Rosalyn Higgins said: “The court finds by 13 votes to 2 that Serbia has not committed genocide”. This is the first time a state has been on trial for genocide, outlawed in a UN convention in 1948 after the Nazi Holocaust of the Jews.Although the killing of 8 000 Bosnian Muslim men in Srebrenica did constitute genocide, Serbia was not responsible and was not complicit in the massacre, Judge Higgins said.Bosnia has said the government in Belgrade under then-President Slobodan Milosevic armed, financed and encouraged Bosnian Serbs to conduct an ethnic cleansing campaign that amounted to genocide in an attempt to create a “Greater Serbia” during the 1992-1995 Bosnian war.Serbia has said it was not responsible for the actions of Serb paramilitary groups, that the war was a conflict among ethnic groups, and that there was no intent to destroy Bosnia’s Muslim population in whole or in part – a key element in genocide as defined in the 1948 Genocide Convention.If it rules against Serbia, the court could order Belgrade to pay compensation, which would be determined in negotiations.Bosnia has said Serbia should pay restitution for life and property to both the victims and to the Bosnian state, claims that could total billions of dollars.Before ruling on Bosnia’s suit, the court must announce its decision on Serbia’s challenge to its jurisdiction.The International Court of Justice, also known as the World Court, can only adjudicate disputes among UN member states.The UN Security Council suspended Yugoslavia’s membership in 1992 and readmitted the country, then known as Serbia-Montenegro, in 2001.Serbia argues that its actions are not liable for the court’s scrutiny during its period of international limbo.Legal experts say the court’s lengthy deliberations – it has been 10 months since it concluded hearings – is a strong indication it will strike down Serbia’s challenge.The case is being watched with passion in both Serbia and Bosnia.Dozens of survivors stood Monday outside the Peace Palace, the court’s cathedral-like seat, behind a banner which read: “Serbia is guilty” and “It was genocide in Bosnia.”Nampa-AP-ReutersThis is the first time a state has been on trial for genocide, outlawed in a UN convention in 1948 after the Nazi Holocaust of the Jews.Although the killing of 8 000 Bosnian Muslim men in Srebrenica did constitute genocide, Serbia was not responsible and was not complicit in the massacre, Judge Higgins said.Bosnia has said the government in Belgrade under then-President Slobodan Milosevic armed, financed and encouraged Bosnian Serbs to conduct an ethnic cleansing campaign that amounted to genocide in an attempt to create a “Greater Serbia” during the 1992-1995 Bosnian war.Serbia has said it was not responsible for the actions of Serb paramilitary groups, that the war was a conflict among ethnic groups, and that there was no intent to destroy Bosnia’s Muslim population in whole or in part – a key element in genocide as defined in the 1948 Genocide Convention.If it rules against Serbia, the court could order Belgrade to pay compensation, which would be determined in negotiations.Bosnia has said Serbia should pay restitution for life and property to both the victims and to the Bosnian state, claims that could total billions of dollars.Before ruling on Bosnia’s suit, the court must announce its decision on Serbia’s challenge to its jurisdiction.The International Court of Justice, also known as the World Court, can only adjudicate disputes among UN member states.The UN Security Council suspended Yugoslavia’s membership in 1992 and readmitted the country, then known as Serbia-Montenegro, in 2001.Serbia argues that its actions are not liable for the court’s scrutiny during its period of international limbo.Legal experts say the court’s lengthy deliberations – it has been 10 months since it concluded hearings – is a strong indication it will strike down Serbia’s challenge.The case is being watched with passion in both Serbia and Bosnia.Dozens of survivors stood Monday outside the Peace Palace, the court’s cathedral-like seat, behind a banner which read: “Serbia is guilty” and “It was genocide in Bosnia.”Nampa-AP-Reuters