ICJ rejects request for revision of Bosnia genocide ruling

ICJ rejects request for revision of Bosnia genocide ruling

by Joseph Anthony
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An aerial view of the Memorial Center in Potocari near Srebrenica, Bosnia and Herzegovina

The International Court of Justice has rejected a request from Bosnian Muslims for it to revise a decade-old ruling that cleared Serbia of direct blame for genocide during Bosniaโ€™s 1990s war, officials said on Thursday.

The ICJ registrar revealed the courtโ€™s decision in a letter sent to Bosniaโ€™s tripartite Serb, Croat and Bosniak presidency members after they each declared whether or not they backed the request, which was filed last month.

โ€œThe court considersโ€ฆthat no decision has been taken by the competent authorities on behalf of Bosnia as a state to request the revisionโ€ฆTherefore no action can be taken with regard to the document,โ€ the registrar said in the letter, seen by Reuters.

Bakir Izetbegovic, the Muslim Bosniak presidency member who had called for the ruling to be revised while his Serb and Croat colleagues did not, said the courtโ€™s decision was political.

โ€œThe court shut the door on those who are seeking justice,โ€ Izetbegovic told reporters, saying a bid to revise the ruling was justified and expected by the victims and survivors of the 1992-95 ethnic war.

The courtโ€™s decision was hailed by the Bosnian Serbs, who had warned the request imperilled the 1995 Dayton peace deal.

โ€œThis is for me a totally expected decision, which seriously supports Dayton Bosniaโ€ฆbecause it shows that nobody anymore may make decisions (alone) on behalf of Bosniaโ€™s institutions,โ€ Mladen Ivanic, the Serb member of the presidency, told a news conference.

The Dayton accords ended the war by splitting the former Yugoslav republic into two ethnically-based autonomous regions โ€“ Serb and Bosniak-Croat โ€“ linked via a weak central government.

The ICJโ€™s 2007 judgment exonerated Serbia of direct responsibility for killings, rapes and โ€œethnic cleansingโ€ by Bosnian Serb forces it armed during the war, though it said Serbia had failed to prevent genocidal acts.

Its ruling concluded that genocide had occurred only at Srebrenica, where about 8,000 Muslims were slaughtered by nationalist Serb forces, and not in other parts of Bosnia.

Bosniaks had hoped that a revision could shed more light on crimes committed during the war, in which more than 100,000 people were killed. Bosnian Serbs saw the legal move as directed against them and post-war reconciliation.

โ€œWe hoped for justice but itโ€™s absent,โ€ said Hatidza Mehmedovic, who lost her husband and two sons at Srebrenica.

Serbian President Tomislav Nikolic welcomed the ICJโ€™s decision, saying any other ruling would have severely damaged post-war Bosnia and worsened relations with Belgrade.

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