The Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), case of 26 February 2007 related to Serbia's alleged attempts to wipe out the Bosnian Muslim population of Bosnia. The ICJ , among other things, confirmed the ICTY judgment that the Srebrenica massacre was genocide, stating: The Court concludes that the acts committed at Srebrenica falling within Article II (a) and (b) of the Convention were committed with the specific intent to destroy in part the group of the Muslims of Bosnia and Herzegovina as such; and accordingly that these were acts of genocide, committed by members of the VRS in and around Srebrenica from about 13 July 1995.
The Court found - although not unanimously - that Serbia was neither directly responsible for Srebrenica genocide, nor that it was complicit in it, but it did rule that Serbia had committed the breach the Genocide Convention by failing to prevent the Srebrenica genocide, for not cooperating with the ICTY in punishing the perpetrators of the genocide, in particular in respect of General Ratko Mladić, and for violating its obligation to comply with the provisional measures ordered by the Court. On this respect the Court finds that in respect of the massacres at Srebrenica in July 1995, the Respondent failed to fulfil the obligations indicated in the Court's Order of 8 April 1993 and reaffirmed in its Order of 13 September 1993 to take all measures within its power to prevent commission of the crime of genocide and to ensure that any organizations and persons which may be subject to its influence do not commit any acts of genocide.
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