State Responsibility for Genocide

Posted: 3 Aug 2006

See all articles by Marko Milanovic

Marko Milanovic

University of Reading - School of Law

Abstract

In the past years international law has made strides in establishing individual responsibility for crimes against international law as one of its most fundamental principles. This year, however, provides us with the first opportunity for adjudication on state responsibility for genocide in the case brought before the International Court of Justice by Bosnia and Herzegovina against Serbia and Montenegro. This article attempts to provide a methodological approach for deciding the many issues raised by this case, mainly by focusing on a strict separation between primary and secondary rules of international law, with this approach being both theoretically and practically desirable. The article also deals with the question of state responsibility for acts of non-state actors on the basis of state de facto control. By applying this general methodology to the facts of the Genocide case, the article will show that the principal difficulties the Court will face if it decides to use this approach will not be in applying the relevant substantive law, but in establishing the facts and assessing the available evidence.

Keywords: genocide, international crimes, state responsibility

Suggested Citation

Milanovic, Marko, State Responsibility for Genocide. European Journal of International Law, Vol. 17, p. 553, 2006, Available at SSRN: https://ssrn.com/abstract=920691

Marko Milanovic (Contact Author)

University of Reading - School of Law ( email )

Reading, RG6 6AH
United Kingdom

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