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The Judgment of the International Court of Justice in the “Genocide” Case Between Bosnia and Herzegovina v. Serbia and Montenegro

  • Antoine Ollivier

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* This text was reproduced and reformatted from the text appearing at the International Court of Justice website (visited March 16, 2007) <.http://www.icj-cij.org. >

1 Created by the UN Security Council in 1993, see S/RES/827, May 25,1993.

2 The name of the State evolved from “Federal Republic of Yugoslavia” to “Serbia and Montenegro”. It became the ‘ ‘Republic of Serbia'’ after the independence of Montenegro in 2006. The Court considered that Serbia, which had accepted its legal continuity with Serbia and Montenegro, remained the only Respondent in the case (§§ 67-78).

3 Adopted by the UN General Assembly on December, 9,1948.

4 From a procedural point of view, the hearings devoted to experts, witnesses and witness-experts called by the parties as well as the submission of video material, documents and CD-ROM, raised some difficulties (see¶¶ 40-49). The Court appeared to take into account those elements by revising some of its Practice Directions and adopting new ones (see Press Release 2006/43).

1 Submissions 3 to 6 relate to counter-claims which were subsequently withdrawn (see paragraphs 26 and 27above).

2 Submissions 3 to 6 relate to counter-claims which were subsequently withdrawn (see paragraphs 26 and 27 above).

* Antoine OLLIVIER was research assistant of prof. Alain PELLET, Counsel and Advocate for Bosnia and Herzegovina in the case addressed in the present Note. He belonged to the Bosnian delegation that took part in the hearings in The Hague between March and May 2006. He is currently working at the Legal division of the French Ministry of Foreign Affairs, and prepares a Ph.D. in international law at the University of Paris X - Nanterre.

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The Judgment of the International Court of Justice in the “Genocide” Case Between Bosnia and Herzegovina v. Serbia and Montenegro

  • Antoine Ollivier

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