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Bosnian Genocide Case
The ''Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro)'' 007ICJ 2, commonly known as the ''Bosnian Genocide Case'', is a public international law case decided by the International Court of Justice. Facts The claim filed by Dr. Francis Boyle, an adviser to Alija Izetbegović during the Bosnian War, alleged that Serbia had attempted to exterminate the Bosniak (Bosnian Muslim) population of Bosnia and Herzegovina. The case was heard in the International Court of Justice (ICJ) in The Hague, Netherlands, and ended on 9 May 2006. Preliminary issues The Respondent, Serbia and Montenegro ("Serbia") first raised an issue of jurisdiction. Serbia contends that the ICJ has no jurisdiction over it as it was not a continuator State of Socialist Federal Republic of Yugoslavia ("SFRY"). As such, it was not party to the Genocide Convention when the then proceedings were instituted, neither was it party to the ...
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International Court Of Justice
The International Court of Justice (ICJ; , CIJ), or colloquially the World Court, is the only international court that Adjudication, adjudicates general disputes between nations, and gives advisory opinions on International law, international legal issues as interpretation of international treaties, borders disputes and human rights cases. It is one of the United Nations System#Six principal organs, six organs of the United Nations (UN), and is located in The Hague, Netherlands. The ability to file a case before the ICJ is limited exclusively to recognized governments of states. The ICJ is the successor of the Permanent Court of International Justice (PCIJ), which was established in 1920 by the League of Nations. After the World War II, Second World War, the League and the PCIJ were replaced by the United Nations and ICJ, respectively. The Statute of the ICJ, which sets forth its purpose and structure, draws heavily from that of its predecessor, whose decisions remain valid ...
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Francis Boyle
Francis Anthony Boyle (March 25, 1950 – January 30, 2025) was an American human rights lawyer and professor of international law at the University of Illinois College of Law. He served as counsel for Bosnia and Herzegovina and supported the rights of Palestinians and indigenous peoples. Early life, education and practice Boyle was born in Chicago, Illinois, on March 25, 1950. He stated that he "was born Irish people, Irish", and did not consider himself to be a "White North American". Boyle received a Bachelor of Arts in political science from the University of Chicago in 1971. He earned a Juris Doctor from Harvard Law School, magna cum laude in 1976 and Master of Arts and Doctor of Philosophy in political science from Harvard University in 1983. Boyle practiced tax and international tax law with Bingham, Dana & Gould. Background and legal work Boyle served as counsel to Bosnia and Herzegovina and to the Provisional Government of the Palestinian Authority. He also represente ...
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International Criminal Tribunal For The Former Yugoslavia
The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes in the Yugoslav Wars, war crimes that had been committed during the Yugoslav Wars and to try their perpetrators. The tribunal was an ''ad hoc'' court located in The Hague, Netherlands. It was established by United Nations Security Council Resolution 827, Resolution 827 of the United Nations Security Council, which was passed on 25 May 1993. It had jurisdiction over four clusters of crimes committed on the territory of the former Yugoslavia since 1991: grave breaches of the Geneva Conventions, violations of the laws or customs of war, genocide, and crimes against humanity. The maximum sentence that it could impose was life imprisonment. Various countries signed agreements with the United Nations to carry out custodial sentences. A total of 161 persons were indicted; the final indictments were issued in December 2004, the last of ...
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Genocide
Genocide is violence that targets individuals because of their membership of a group and aims at the destruction of a people. Raphael Lemkin, who first coined the term, defined genocide as "the destruction of a nation or of an ethnic group" by means such as "the disintegration of [its] political and social institutions, of [its] cultural genocide, culture, linguicide, language, national feelings, religious persecution, religion, and [its] economic existence". During the struggle to ratify the Genocide Convention, powerful countries restricted Lemkin's definition to exclude their own actions from being classified as genocide, ultimately limiting it to any of five "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group". While there are many scholarly Genocide definitions, definitions of genocide, almost all international bodies of law officially adjudicate the crime of genocide pursuant to the Genocide Convention. Genocide has ...
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Srebrenica Massacre
The Srebrenica massacre, also known as the Srebrenica genocide, was the July 1995 genocidal killing of more than 8,000 Bosniak Muslim men and boys in and around the town of Srebrenica during the Bosnian War. It was mainly perpetrated by units of the Bosnian Serb Army of Republika Srpska under Ratko Mladić, though the Serb paramilitary unit Scorpions also participated. The massacre was the first legally recognised genocide in Europe since the end of World War II. Before the massacre, the United Nations (UN) had declared the besieged enclave of Srebrenica a " safe area" under its protection. A UN Protection Force contingent of 370 lightly armed Dutch soldiers failed to deter the town's capture and subsequent massacre. A list of people missing or killed during the massacre contains 8,372 names. , 6,838 genocide victims had been identified through DNA analysis of body parts recovered from mass graves; Some Serbs have claimed the massacre was retaliation for civilian casualt ...
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Article IX Of The Genocide Convention
Article often refers to: * Article (grammar), a grammatical element used to indicate definiteness or indefiniteness * Article (publishing), a piece of nonfictional prose that is an independent part of a publication Article(s) may also refer to: Government and law * Elements of treaties of the European Union * Articles of association, the regulations governing a company, used in India, the UK and other countries; called articles of incorporation in the US * Articles of clerkship, the contract accepted to become an articled clerk * Articles of Confederation, the predecessor to the current United States Constitution * Article of impeachment, a formal document and charge used for impeachment in the United States * Article of manufacture, in the United States patent law, a category of things that may be patented * Articles of organization, for limited liability organizations, a US equivalent of articles of association Other uses * Article element , in HTML * "Articles", a song on ...
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Res Judicata
''Res judicata'' or ''res iudicata'', also known as claim preclusion, is the Latin term for ''judged matter'', and refers to either of two concepts in common law civil procedure: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same litigant, parties. In the case of ''res judicata'', the matter cannot be raised again, either in the same court or in a different court. A court will use ''res judicata'' to deny reconsideration of a matter. The doctrine of ''res judicata'' is a method of preventing injustice to the parties of a case supposedly finished but perhaps also or mostly a way of avoiding unnecessary waste of judicial resources. ''Res judicata'' does not merely prevent future judgments from contradicting earlier ones, but also prevents litigants from multiplying judgments. It is similar to the concept of double jeopardy and ''non bis in idem'' in crim ...
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Socialist Federal Republic Of Yugoslavia
The Socialist Federal Republic of Yugoslavia (commonly abbreviated as SFRY or SFR Yugoslavia), known from 1945 to 1963 as the Federal People's Republic of Yugoslavia, commonly referred to as Socialist Yugoslavia or simply Yugoslavia, was a country in Central Europe, Central and Southeast Europe. It was established in 1945, following World War II, and lasted until 1992, breakup of Yugoslavia, dissolving amid the onset of the Yugoslav Wars. Spanning an area of in the Balkans, Yugoslavia was bordered by the Adriatic Sea and Italy to the west, Austria and Hungarian People's Republic, Hungary to the north, People's Republic of Bulgaria, Bulgaria and Socialist Republic of Romania, Romania to the east, and People's Socialist Republic of Albania, Albania and Greece to the south. It was a One-party state, one-party socialist state and federation governed by the League of Communists of Yugoslavia, and had six constituent republics: Socialist Republic of Bosnia and Herzegovina, Bosnia and Her ...
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Serbia And Montenegro
The State Union of Serbia and Montenegro or simply Serbia and Montenegro, known until 2003 as the Federal Republic of Yugoslavia and commonly referred to as FR Yugoslavia (FRY) or simply Yugoslavia, was a country in Southeast Europe located in the Balkans that existed from 1992 to 2006, following the Breakup of Yugoslavia, breakup of the Socialist Federal Republic of Yugoslavia (SFR Yugoslavia). The state was founded on 27 April 1992 as a federation comprising the Republic of Serbia (1992–2006), Republic of Serbia and the Republic of Montenegro (1992–2006), Republic of Montenegro. In February 2003, it was transformed from a federal republic to a Confederation, political union until Montenegro seceded from the union in June 2006, leading to the full independence of both Serbia and Montenegro. Its aspirations to be the sole legal successor state to SFR Yugoslavia were not recognized by the United Nations, following the passing of United Nations Security Council Resolution ...
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Netherlands
, Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Netherlands. The Netherlands consists of Provinces of the Netherlands, twelve provinces; it borders Germany to the east and Belgium to the south, with a North Sea coastline to the north and west. It shares Maritime boundary, maritime borders with the United Kingdom, Germany, and Belgium. The official language is Dutch language, Dutch, with West Frisian language, West Frisian as a secondary official language in the province of Friesland. Dutch, English_language, English, and Papiamento are official in the Caribbean Netherlands, Caribbean territories. The people who are from the Netherlands is often referred to as Dutch people, Dutch Ethnicity, Ethnicity group, not to be confused by the language. ''Netherlands'' literally means "lower countries" i ...
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The Hague
The Hague ( ) is the capital city of the South Holland province of the Netherlands. With a population of over half a million, it is the third-largest city in the Netherlands. Situated on the west coast facing the North Sea, The Hague is the country's administrative centre and its seat of government, and has been described as the country's ''de facto'' capital since the time of the Dutch Republic, while Amsterdam is the official capital of the Netherlands. The Hague is the core municipality of the COROP, Greater The Hague urban area containing over 800,000 residents, and is also part of the Rotterdam–The Hague metropolitan area, which, with a population of approximately 2.6 million, is the largest metropolitan area of the Netherlands. The city is also part of the Randstad region, one of the largest conurbations in Europe. The Hague is the seat of the Cabinet of the Netherlands, Cabinet, the States General of the Netherlands, States General, the Supreme Court of the Neth ...
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Bosnia And Herzegovina
Bosnia and Herzegovina, sometimes known as Bosnia-Herzegovina and informally as Bosnia, is a country in Southeast Europe. Situated on the Balkans, Balkan Peninsula, it borders Serbia to the east, Montenegro to the southeast, and Croatia to the north and southwest, with a coast on the Adriatic Sea in the south. Bosnia (region), Bosnia has a moderate continental climate with hot summers and cold, snowy winters. Its geography is largely mountainous, particularly in the central and eastern regions, which are dominated by the Dinaric Alps. Herzegovina, the smaller, southern region, has a Mediterranean climate and is mostly mountainous. Sarajevo is the capital and the largest city. The area has been inhabited since at least the Upper Paleolithic, with permanent human settlement traced to the Neolithic cultures of Butmir culture, Butmir, Kakanj culture, Kakanj, and Vučedol culture, Vučedol. After the arrival of the first Proto-Indo-Europeans, Indo-Europeans, the area was populated ...
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