Genocide and State Responsibility
Bibliographic Data
| ID | 16764932 |
|---|---|
| Authors | Mark Gibney (0000-0003-4160-0662, University of North Carolina at Asheville, corresponding author) |
| Year | 2007 |
| Volume | 7 |
| Issue | 4 |
| Pages | 760-773 |
| Publication date | 2007-08-16 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Human Rights Law Review (JOURNAL) |
| Journal identifiers | ISSN: 1461-7781 • E-ISSN: 1744-1021 |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/hrlr/ngm032 |
| OpenAlex | W2136008330 |
| Language | EN |
| Citations received | 8 |
In the Case Concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v Serbia and Montenegro) (‘ Bosnia v Serbia ’), 1 the International Court of Justice (ICJ or Court) returned to the issue of extraterritorial state responsibility and it did so in two different, but related, contexts. The first concerned whether Serbia 2 could be held responsible under the Genocide Convention 1948 3 for acts carried out by Bosnian Serb paramilitary forces. Employing the same kind of legal standards that it had used previously in Nicaragua v United States , 4 the ICJ ruled that, notwithstanding the tremendously close relationship between the Serbian government and its Bosnian Serb allies (including the self-proclaimed Republic of Srpska), this relationship was not one of ‘complete dependence’ and that the former had not exercised the requisite level of ‘effective control’ over the latter. For these reasons, Serbia did not bear any legal responsibility for these acts.
Bosnian · Convention · Economic Justice · Ethnology · Genocide · International court · International law · Montenegro · Political science · Public international law · Punishment (psychology) · Responsibility to Protect · Serbian · Sociology · State (computer science) · State responsibility · Global Peace and Security Dynamics · International Arbitration and Investment Law · International Law and Human Rights · Law · Psychology
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The International Law of Human Trafficking
State Apologies and International Law
Operationalizing Obligations to Prevent Mass Atrocities
What a Pity! Sovereign Immunity, State Responsibility, and the Diminution of Accountability Under International Human Rights Law
Social media and genocide
Excesses of Responsibility
Is Côte d'Ivoire a Test Case for R2P? Democratization as Fulfilment of the International Community's Responsibility to Prevent
| Unique citing works | 8 |
|---|---|
| Citations per year | 0,5 |
| Citation span | 2010 - 2022 (13) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 7 |