State responsibility for genocide: a follow-up

Milanović, Marko 2007, State responsibility for genocide: a follow-up, European journal of international law, vol. 18, no. 4, pp. 669-694, doi: 10.1093/ejil/chm043.

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Title State responsibility for genocide: a follow-up
Author(s) Milanović, MarkoORCID iD for Milanović, Marko
Journal name European journal of international law
Volume number 18
Issue number 4
Start page 669
End page 694
Total pages 26
Publisher Oxford University Press
Place of publication Oxford, Eng.
Publication date 2007-09
ISSN 0938-5428
Keyword(s) Genocide
Social Sciences
International Relations
Government & Law
Summary The article comments on the recent judgment of the International Court of Justice in the Genocide case, and discusses several issues which arise from it. It first briefly explains the several constraints under which the Court had to operate in deciding this case, most notably its limited jurisdiction, the legally very strict definition of genocide, and the litigation strategies of the two parties. The article then turns to examining two specific issues that the Court did not address in a fully satisfactory manner, namely the question of Serbia's responsibility for the acts of the Scorpions paramilitary group, as well as the Court's refusal to ask Serbia to produce certain confidential military documents. The Court's analysis of state responsibility for complicity in genocide and state responsibility for failing to prevent genocide is then addressed. The article finally criticizes the Court's reasoning when it comes to reparation and remedies.
Language eng
DOI 10.1093/ejil/chm043
Indigenous content off
Field of Research 1801 Law
HERDC Research category C1.1 Refereed article in a scholarly journal
Copyright notice ©2007, EJIL
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Document type: Journal Article
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