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Court in landmark genocide ruling Court clears Serbia of genocide
(3 days later)
The UN's highest court is set to make a landmark ruling in the first case of a state charged with genocide. The UN's highest court has cleared Serbia of direct responsibility for genocide during the 1990s Bosnian war.
The International Court of Justice in The Hague will decide whether Serbia is accountable for atrocities in Bosnia during the war of the early 1990s. But the International Court of Justice did rule that Belgrade had violated international law by failing to prevent the 1995 massacre at Srebrenica.
If the Bosnian suit is successful, it will be the first time a state, rather than an individual or group, has been held responsible for genocide. Bosnia brought the case and would have sought billions of dollars from Serbia in compensation if successful.
Bosnia could then seek billions of dollars in compensation from Serbia. The case is the first of a state being charged with genocide. Individuals have been convicted of genocide in Bosnia.
The Bosnian Muslim leader expressed disappointment at the ruling, which was welcomed both in Serbia and the Bosnian Serb Republic.
At least 100,000 people died in the 1992-1995 war, triggered by the break-up of the former Yugoslavia. Bosnia's Muslims and Croats wanted to cut ties with Belgrade, a move opposed by Bosnian Serbs.At least 100,000 people died in the 1992-1995 war, triggered by the break-up of the former Yugoslavia. Bosnia's Muslims and Croats wanted to cut ties with Belgrade, a move opposed by Bosnian Serbs.
Binding ruling No reparations
Bosnia says Belgrade incited ethnic hatred, armed Bosnian Serbs and was an active participant in the killings. The case, Bosnia and Herzegovina versus Serbia and Montenegro, began a year ago and a panel of judges has been deliberating since hearings ended in May 2006.
Belgrade says the conflict was an internal war between Bosnia's ethnic groups and denies any state role in genocide. INTERNATIONAL COURT UN's highest legal body, resolving disputes between statesBased in the Peace Palace in The Hague, began work in 1946The court has 15 judges of different nationalities elected to nine-year terms of officeIf one state fails to comply with a ruling, the other party can take the issue to the UN Security Council class="" href="/1/hi/world/europe/3879937.stm">Q&A: World Court class="" href="/1/hi/world/europe/6401583.stm">Press reaction
The case, Bosnia and Herzegovina versus Serbia and Montenegro, began a year ago and a panel of judges has been deliberating since hearings ended in May 2006. Their ruling is binding. Bosnia argued that Belgrade incited ethnic hatred, armed Bosnian Serbs and was an active participant in the killings.
Relatives of people killed in the 1995 massacre of 8,000 Bosnian Muslim men at Srebrenica are expected to protest outside the court as the ruling is read. Belgrade said the conflict was an internal war between Bosnia's ethnic groups and denied any state role in genocide.
Bosnian Serb war crimes suspect Gen Ratko Mladic is still at large 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."
However the court added that the leaders of Serbia failed to comply with its international obligation to prevent the killings and punish hose responsible.
The court also rejected Bosnia's claim for reparations.
"Financial compensation is not the appropriate form of reparation," the ruling said.
The war crimes tribunal in The Hague has already found individuals guilty of genocide in Bosnia and established the Srebrenica massacre as genocide.The war crimes tribunal in The Hague has already found individuals guilty of genocide in Bosnia and established the Srebrenica massacre as genocide.
Stalled talks
Under a 1995 peace accord, Bosnia remained a single state, but power was devolved to a Muslim-Croat federation and a Bosnian Serb Republic.
HAVE YOUR SAY I don't understand why the country should be held accountable Peter, Toronto Send us your comments
The BBC's Nicholas Walton in Sarajevo says many Bosnian Muslims were hoping for a clear ruling that Serbia as a state was responsible for pursuing a genocide in Bosnia during the 1990s.
The Bosnian Muslim member of the country's tripartite presidency, Haris Siladzic, told the BBC there was "disappointment" at the outcome.
However he welcomed the fact that the court had "ruled that Serbia and Montenegro had violated the Convention on the Prevention and Punishment of the Crime of Genocide by not preventing or punishing the perpetrators of the genocide".
In the Serb Republic, Krstan Simic, a senior member of the governing ruling Union of Independent Social-Democrats, said he was pleased that the judges had taken "real facts " into account.
In Serbia itself, President Boris Tadic welcomed the judgement and urged parliament to pass a declaration "condemning the crime in Srebrenica without any doubt".
The German presidency of the European Union urged Serbia "to use today's judgment as a further opportunity to distance itself from the crimes committed by the Milosevic regime".
The ruling comes with Serbia still facing challenges linked to the break-up of the former Yugoslavia.The ruling comes with Serbia still facing challenges linked to the break-up of the former Yugoslavia.
Its passage into the European Union has stalled over its failure to hand over war crimes suspects for trial. Admission talks with the EU have been stalled over Belgrade's failure to hand over war crimes suspects for trial.
It also faces final talks with the United Nations on the future of Kosovo, with the province heading towards near-statehood despite Serbian opposition.