The Srebrenica Genocide and Serbia's International Responsibility Cover Image

Srebrenitsa Soykırımı ve Sırbistan’ın Uluslararası Sorumluluğu
The Srebrenica Genocide and Serbia's International Responsibility

Author(s): Haydar KARAMAN, Burak Güneş
Subject(s): International Law, Human Rights and Humanitarian Law, Peace and Conflict Studies, Wars in Jugoslavia
Published by: Haci Mustafa Paksoy
Keywords: Srebrenica; Yugoslavia; Genocide; ICJ; State Responsibility;

Summary/Abstract: The aim of this study is to examine the crime of genocide that took place in Srebrenica, BosniaHerzegovina in 1995, from a juridico-political perspective. While making this analysis, an attempt was made to show the extent to which the decisions made by the courts were political. As critical legal studies reveal, law is inherently political. It is also subjective because it is political. This subjectivity causes the law to side with the political power in the slightest power imbalance between the parties. In this study, it is claimed that the International Court of Justice, in its decision regarding the "genocide" that took place in Srebrebitsa, observed the international balance of power very skillfully and, as a result, tried not to shake the balance of interests and power of sovereign states with its decision. Based on this, the study revisits a number of issues related to the history and memory of Srebrenica; In order to keep the memory fresh and to consider the crime from different perspectives, it will also examine the aspects that resonate with political history as a whole and affect the process leading to the crime. When evaluated in this context, the present study aims to critically re-evaluate the decision of the International Court of Justice in the context of the law of state responsibility, while trying to keep alive the atrocities that took place in Yugoslavia.

  • Issue Year: 8/2023
  • Issue No: 22
  • Page Range: 822-838
  • Page Count: 17
  • Language: Turkish
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