Serbia acquitted, Bosnia screams on the justice of genocide, UN fails again

Thirteen years of legal wrangling of what was hailed as 'a historical proceeding' where the Serbian state was expected to be accused of committing 'genocide' ended today with the verdict by U.N. International Court of Justice (ICJ), clearing Serbia of Bosnian charges of genocide that has shocked the world.

srebrenica 18

So a chapter closed and the past buried

What one really doesn't get about ICJ is all the fuss it has created for such a disappointing series.

Acts of genocide undoubtedly occurred during the Bosnian war, when more than 100,000 people were killed in a Bosnian Serb campaign that gave world the phrase 'ethnic cleansing.'

Can a state commit genocide? Should an entire country and not just its presidents, generals and soldiers be held responsible for humanity's worst crime?

Well, it's not an easy question to answer and one certainly can understand emotional reactions.

The fact is that it is impossible to try an entire nation for genocide when most of its people are not guilty of it. First of all, genocide has a very high legal standard to meet. It must be proven that not only that acts under the genocide convention took place, but also that the alleged perpetrators had the specific intent to commit genocide. The Bosnian Muslims are upset at the ruling because the oversimplification of the case.

Reading the decision the court said-

Serbia has violated the obligation to prevent genocide, under the Convention on the Prevention and Punishment of the Crime of Genocide, in respect of the genocide that occurred in Srebrenica in July 1995, Serbia has violated its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide by having failed to transfer Ratko Mladic, indicted for genocide and complicity in genocide, for trial.

Among the first Bosnian politicians to criticize the verdict was Haris Silajdzic, Bosnia's wartime prime minister, who said-

I regret that Serbia and Montenegro were not found guilty of genocide in Bosnia and Herzegovina, or even of complicity in genocide.

Member of the presidency, Zeljko Komsic, said he was shocked that the court had been unable to find Serbia guilty of genocide, further adding,

I must respect the court's ruling, but I knew what I will teach my children.

Boris Tadic, the Serbian President, said:

It is important that the Serbian Parliament, as soon as possible, passes a declaration condemning the crime in Srebrenica without any doubt.

He cautioned as the talks on Serbia joining the EU are suspended over the issue-

If Serbia fails to complete that cooperation . . . I believe we will face dramatic political and economic consequences

The ICJ verdict has raised an uproar not only in the Bosnian Muslims but also in the Blogosphere.

Reactions to the ICJ Verdict in the blogosphere

1) Shaina opens the vault at Bosnia Vault

2) Anupam Chander: Ku on ICJ's Genocide Judgment

3) Robert Mayer: The road to hell ends at the Hague

The reaffirmation that the crime of genocide occurred at Srebrenica, by itself should be cause for reflection, not celebration at the verdict that Serbian government is not responsible for the genocide.

The issue is not with anyone who agrees or disagrees with the verdict. Since bringing cases to the ICJ is the only action States can take to stop another country from committing genocide against them and the way this case was handled is a disappointment. I'm sure it will discourage other states from bringing similar claims.