Bosnian Genocide Case
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Bosnian Genocide Case
''Bosnia and Herzegovina v Serbia and Montenegro'' 007ICJ 2 (also called the ''Application of the Convention on the Prevention and Punishment of the Crime of Genocide'') is a public international law case decided by the International Court of Justice. Facts The claim filed by Dr. Francis Boyle, an adviser to Alija Izetbegović during the Bosnian War, alleged that Serbia had attempted to exterminate the Bosniak (Bosnian Muslim) population of Bosnia and Herzegovina. The case was heard in the International Court of Justice (ICJ) in The Hague, Netherlands, and ended on 9 May 2006. Preliminary issues The Respondent, Serbia and Montenegro ("Serbia") first raised an issue of jurisdiction. Serbia contends that the ICJ has no jurisdiction over it as it was not a continuator State of Socialist Federal Republic of Yugoslavia ("SFRY"). As such, it was not party to the Genocide Convention when the then proceedings were instituted, neither was it party to the Statute of the Court. Bosnia and H ...
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International Court Of Justice
The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordance with international law and gives advisory opinions on international legal issues. The ICJ is the only international court that adjudicates general disputes between countries, with its rulings and opinions serving as primary sources of international law. The ICJ is the successor of the Permanent Court of International Justice (PCIJ), which was established in 1920 by the League of Nations. After the Second World War, both the league and the PCIJ were replaced by the United Nations and ICJ, respectively. The Statute of the ICJ, which sets forth its purpose and structure, draws heavily from that of its predecessor, whose decisions remain valid. All member states of the UN are party to the ICJ Statute and may initiate contentious cases; ho ...
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Francis Boyle
Francis Anthony Boyle (born March 25, 1950) is a human rights lawyer and professor of international law at the University of Illinois College of Law. He has served as counsel for Bosnia and Herzegovina and has supported the rights of Palestinians and indigenous peoples. Early life, education and practice Boyle was born Irish and doesn't consider himself to be a "White North American". He received a Bachelor of Arts in political science from the University of Chicago in 1971. He earned a Juris Doctor from Harvard Law School in 1976 and Master of Arts and Doctor of Philosophy in political science from Harvard University in 1983. Boyle practiced tax and international tax law with Bingham, Dana & Gould. Background and legal work Boyle serves as counsel to Bosnia and Herzegovina and to the Provisional Government of the Palestinian Authority. He also represents two associations of citizens within Bosnia and was involved in developing the indictment against Slobodan Miloševi ...
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International Criminal Tribunal For The Former Yugoslavia
The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes that had been committed during the Yugoslav Wars and to try their perpetrators. The tribunal was an ''ad hoc'' court located in The Hague, Netherlands. It was established by Resolution 827 of the United Nations Security Council, which was passed on 25 May 1993. It had jurisdiction over four clusters of crimes committed on the territory of the former Yugoslavia since 1991: grave breaches of the Geneva Conventions, violations of the laws or customs of war, genocide, and crimes against humanity. The maximum sentence that it could impose was life imprisonment. Various countries signed agreements with the UN to carry out custodial sentences. A total of 161 persons were indicted; the final indictments were issued in December 2004, the last of which were confirmed and unsealed in the spring of 2005. The final fugitive, Goran Hadžić, ...
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Genocide
Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the Latin suffix ("act of killing").. In 1948, the United Nations Genocide Convention defined genocide as any of five "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group." These five acts were: killing members of the group, causing them serious bodily or mental harm, imposing living conditions intended to destroy the group, preventing births, and forcibly transferring children out of the group. Victims are targeted because of their real or perceived membership of a group, not randomly. The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displac ...
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Srebrenica Massacre
The Srebrenica massacre ( sh-Latn-Cyrl, separator=" / ", Masakr u Srebrenici, Масакр у Сребреници), also known as the Srebrenica genocide ( sh-Latn-Cyrl, separator=" / ", Genocid u Srebrenici, Геноцид у Сребреници), was the July 1995 genocide, genocidal killing of more than 8,000 Bosniaks, Bosniak Islam in Bosnia and Herzegovina, Muslim men and boys in and around the town of Srebrenica, during the Bosnian War. The killings were perpetrated by units of the Bosnian Serb Army of Republika Srpska (VRS) command responsibility, under the command of Ratko Mladić. The Scorpions (paramilitary), Scorpions, a paramilitary unit from Republic of Serbia (1992–2006), Serbia, who had been part of the Serbian Interior Ministry until 1991, also participated in the massacre. Prior to the massacre, United Nations (UN) had declared the Siege of Srebrenica, besieged enclave of Srebrenica, in eastern Bosnia (region), Bosnia, a "United Nations Safe Areas, safe ar ...
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Article IX Of The Genocide Convention
Article often refers to: * Article (grammar), a grammatical element used to indicate definiteness or indefiniteness * Article (publishing), a piece of nonfictional prose that is an independent part of a publication Article may also refer to: Government and law * Article (European Union), articles of treaties of the European Union * Articles of association, the regulations governing a company, used in India, the UK and other countries * Articles of clerkship, the contract accepted to become an articled clerk * Articles of Confederation, the predecessor to the current United States Constitution *Article of Impeachment, a formal document and charge used for impeachment in the United States * Articles of incorporation, for corporations, U.S. equivalent of articles of association * Articles of organization, for limited liability organizations, a U.S. equivalent of articles of association Other uses * Article, an HTML element, delimited by the tags and * Article of clothing, an ite ...
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Res Judicata
''Res judicata'' (RJ) or ''res iudicata'', also known as claim preclusion, is the Latin term for "a matter decided" and refers to either of two concepts in both civil law and common law legal systems: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same parties. In the case of ''res judicata'', the matter cannot be raised again, either in the same court or in a different court. A court will use ''res judicata'' to deny reconsideration of a matter. The doctrine of ''res judicata'' is a method of preventing injustice to the parties of a case supposedly finished but perhaps also or mostly a way of avoiding unnecessary waste of judicial resources. ''Res judicata'' does not merely prevent future judgments from contradicting earlier ones, but also prevents litigants from multiplying judgments, and confusion. Common law In common law jurisdictions, the prin ...
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Socialist Federal Republic Of Yugoslavia
The Socialist Federal Republic of Yugoslavia, commonly referred to as SFR Yugoslavia or simply as Yugoslavia, was a country in Central and Southeast Europe. It emerged in 1945, following World War II, and lasted until 1992, with the breakup of Yugoslavia occurring as a consequence of the Yugoslav Wars. Spanning an area of in the Balkans, Yugoslavia was bordered by the Adriatic Sea and Italy to the west, by Austria and Hungary to the north, by Bulgaria and Romania to the east, and by Albania and Greece to the south. It was a one-party socialist state and federation governed by the League of Communists of Yugoslavia, and had six constituent republics: Bosnia and Herzegovina, Croatia, Macedonia, Montenegro, Serbia, and Slovenia. Within Serbia was the Yugoslav capital city of Belgrade as well as two autonomous Yugoslav provinces: Kosovo and Vojvodina. The SFR Yugoslavia traces its origins to 26 November 1942, when the Anti-Fascist Council for the National Liberation of Yugoslavia wa ...
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Serbia And Montenegro
Serbia and Montenegro ( sr, Cрбија и Црна Гора, translit=Srbija i Crna Gora) was a country in Southeast Europe located in the Balkans that existed from 1992 to 2006, following the breakup of the Socialist Federal Republic of Yugoslavia (SFR Yugoslavia) which bordered Hungary to the north, Romania to the northeast, Bulgaria to the southeast, Macedonia to the south, Croatia and Bosnia and Herzegovina to the west, and Albania to the southwest. The state was founded on 27 April 1992 as the Federal Republic of Yugoslavia, known as FR Yugoslavia or simply Yugoslavia which comprised the Republic of Serbia and the Republic of Montenegro. In February 2003, FR Yugoslavia was transformed from a federal republic to a political union until Montenegro seceded from the union in June 2006, leading to the full independence of both Serbia and Montenegro. Its aspirations to be the sole legal successor state to SFR Yugoslavia were not recognized by the United Nations, following t ...
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Netherlands
) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherlands , established_title2 = Act of Abjuration , established_date2 = 26 July 1581 , established_title3 = Peace of Münster , established_date3 = 30 January 1648 , established_title4 = Kingdom established , established_date4 = 16 March 1815 , established_title5 = Liberation Day (Netherlands), Liberation Day , established_date5 = 5 May 1945 , established_title6 = Charter for the Kingdom of the Netherlands, Kingdom Charter , established_date6 = 15 December 1954 , established_title7 = Dissolution of the Netherlands Antilles, Caribbean reorganisation , established_date7 = 10 October 2010 , official_languages = Dutch language, Dutch , languages_type = Regional languages , languages_sub = yes , languages = , languages2_type = Reco ...
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The Hague
The Hague ( ; nl, Den Haag or ) is a city and municipality of the Netherlands, situated on the west coast facing the North Sea. The Hague is the country's administrative centre and its seat of government, and while the official capital of the Netherlands is Amsterdam, The Hague has been described as the country's de facto capital. The Hague is also the capital of the province of South Holland, and the city hosts both the International Court of Justice and the International Criminal Court. With a population of over half a million, it is the third-largest city in the Netherlands, after Amsterdam and Rotterdam. The Hague is the core municipality of the Greater The Hague urban area, which comprises the city itself and its suburban municipalities, containing over 800,000 people, making it the third-largest urban area in the Netherlands, again after the urban areas of Amsterdam and Rotterdam. The Rotterdam–The Hague metropolitan area, with a population of approximately 2.6&n ...
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Bosnia And Herzegovina
Bosnia and Herzegovina ( sh, / , ), abbreviated BiH () or B&H, sometimes called Bosnia–Herzegovina and often known informally as Bosnia, is a country at the crossroads of south and southeast Europe, located in the Balkans. Bosnia and Herzegovina borders Serbia to the east, Montenegro to the southeast, and Croatia to the north and southwest. In the south it has a narrow coast on the Adriatic Sea within the Mediterranean, which is about long and surrounds the town of Neum. Bosnia, which is the inland region of the country, has a moderate continental climate with hot summers and cold, snowy winters. In the central and eastern regions of the country, the geography is mountainous, in the northwest it is moderately hilly, and in the northeast it is predominantly flat. Herzegovina, which is the smaller, southern region of the country, has a Mediterranean climate and is mostly mountainous. Sarajevo is the capital and the largest city of the country followed by Banja Luka, Tu ...
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