Zločin a genocida ve světle rosudku MSD

Rákociová, Silvia

The crime of genocide in the light of a judgment of the ICJ This diploma thesis addresses the influence of the International Court of Justice (ICJ) decision1 on the crime of genocide. On 22nd March 1993 Bosnia and Herzegovina brought an action against the former Federal Republic of Yugoslavia (FRJ) before the ICJ. FRJ was charged with the breach of the Convention on the Prevention and Punishment of the Crime of Genocide (Convention). After 14 years, the ICJ held decision on 26th February 2007. In the beginning, the Court had to solve procedural issue concerning the position of the Respondent in the dispute and after it positive answer, it could proceed to consider the merits of the case. The important part of the Decision is dedicated to the responsibility of a state for the genocide. Although the Convention did not explicitly anchor it, the Court deduced it by interpretation of the Article I. The prohibition on the genocide is then recognized not only under the customary law, but also in the Convention. Consequently "the Court observes that the obligations in question in this case (...) and the responsibilities of the States (...) are obligations and responsibilities under international law. They are not of a criminal nature."2 Therefore, the standard of proof is not as high as beyond reasonable doubts...

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