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Journal of International Criminal Justice Advance Access published online on August 14, 2007
Journal of International Criminal Justice, doi:10.1093/jicj/mqm050
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© Oxford University Press, 2007, All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org

Original Papers

On the Non-Attribution of the Bosnian Serbs' Conduct to Serbia

Marina Spinedi*

* Associate Professor of International Law, University of Florence. [ marina.spinedi{at}unifi.it]


  Abstract

In the judgment concerning the Genocide Convention, the International Court of Justice (ICJ) holds that different tests could be applied in order to determine (i) the degree of a state's involvement in an armed conflict on another state's territory that is required for the conflict to be characterized as international and (ii) the degree of a state's involvement that is required for that state to be held responsible for a specific act that occurred in the course of the conflict. This article discusses this holding. In particular, it analyses whether by excluding attribution to the then Federal Republic of Yugoslavia (FRY) of the acts of genocide committed by the Bosnian Serb Army (VRS), the ICJ has precluded the possibility of considering the 1992–1995 conflict in Bosnia and Herzegovina as an international armed conflict.


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