Monday, February 26, 2007

International Court of Justice clears Serbia of Genocide

But the International Court of Justice did rule that Belgrade had violated international law by failing to prevent the 1995 massacre at Srebrenica....

The case is the first of a state being charged with genocide. Individuals have been convicted of genocide in Bosnia....

In the ruling, the president of the court, Judge Rosalyn Higgins, said: "The court finds that the acts of genocide at Srebrenica cannot be attributed to the respondent's (Serbia) state organs."
In this case, the definition of genocide fails on the difference between crimes of omission and commission. It's an interesting dividing line. If those who fail to stop genocide are deemed guilty of it, much of the world could be held responsible for Darfur. On a legal level, it makes sense; on a moral level, it doesn't.

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