Prevention of Genocide & State Responsibility

View mindmap
  • Bosnia and Herzegovina v Serbia (2007)
    • Srebrenican massacre against Bosnians
      • Could gain compensation from ICJ.
        • Civil liability - required to  pay compensation
    • Prevention of Genocide and State responsibility
      • Art. 1 GC
        • Contracting parties confirm obligation to prevent and punish
      • ICJ
        • Art. IX GC
          • Disputes between contracting parties - interpretation, application, fulfilment of  convention submitted to ICJ at request of dispute parties
        • Art. 1 GC
          • Contracting parties confirm obligation to prevent and punish
      • State responsibility
      • Art. 58 ILC Articles on SR
      • Article 2(4) ICC Statute
        • No provision of individual crim. responsibility shall affect state responsibility under IL
      • Interplay SR & IR
        • Reliance on facts established by ICTY
          • Through attribution - Bosnian Serb forces complicity in gen
            • Art. 16 draft articles on SR
              • Organs unaware gen. about to be committed
                • Bosnia v Serbia - relied on ICTY evidence
      • Attribution
        • 'effective control' (ICJ) v. 'overall control (ICTY) fragmentation?
          • If state controls groups - US controls armed groups in Nicaragua - can US be held accountable?
            • If test is met - conduct of some groups is attributable
          • ICTY used own test
            • No commission of genocide - no direct state responsibility
              • Complicity?
      • Difference SR & ICR
        • ICTY - test - determining nature of conflict
        • ICTY - test - too broad for SR
      • Obligations under GC
        • Obligation to prevent - where the state has failed
          • Serbia was responsible
            • did not cooperate with ICTY
              • Failure to prevent and punish - in brach of GC
        • Art. 6 - states have to be active, try or hand to int'l tribunal
        • obligation to punish = dormant
      • Serbia
        • Key differences between state responsibility & individual crim responsibility
          • usual remedy for SR: reparation, restitution,compensation
        • did not comply w GC
  • Gen = crime under int'l law in peace or war
    • No provision saying ICJ has power to deal with intra state disputes
    • Prevention of Genocide and State responsibility
      • ICJ
        • Art. IX GC
          • Disputes between contracting parties - interpretation, application, fulfilment of  convention submitted to ICJ at request of dispute parties
      • State responsibility
      • Art. 58 ILC Articles on SR
      • Article 2(4) ICC Statute
        • No provision of individual crim. responsibility shall affect state responsibility under IL
      • Interplay SR & IR
        • Reliance on facts established by ICTY
          • Through attribution - Bosnian Serb forces complicity in gen
            • Art. 16 draft articles on SR
              • Organs unaware gen. about to be committed
                • Bosnia v Serbia - relied on ICTY evidence
      • Attribution
        • 'effective control' (ICJ) v. 'overall control (ICTY) fragmentation?
          • If state controls groups - US controls armed groups in Nicaragua - can US be held accountable?
            • If test is met - conduct of some groups is attributable
          • ICTY used own test
            • No commission of genocide - no direct state responsibility
              • Complicity?
      • Difference SR & ICR
        • ICTY - test - determining nature of conflict
        • ICTY - test - too broad for SR
      • Obligations under GC
        • Obligation to prevent - where the state has failed
          • Serbia was responsible
            • did not cooperate with ICTY
              • Failure to prevent and punish - in brach of GC
        • Art. 6 - states have to be active, try or hand to int'l tribunal
        • obligation to punish = dormant
      • Serbia
        • Key differences between state responsibility & individual crim responsibility
          • usual remedy for SR: reparation, restitution,compensation
        • did not comply w GC

Comments

No comments have yet been made

Similar Criminology resources:

See all Criminology resources »See all MA resources »