Reuters AlertNet Lite - TEXT-Serbia cleared of genocide but failed to prevent killing

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TEXT-Serbia cleared of genocide but failed to prevent killing

26 Feb 2007 12:37:53 GMT
Source: Reuters

THE HAGUE, Feb 26 (Reuters) - The highest U.N. court, the International Court of Justice, cleared the Serbian state on Monday of direct responsibility for genocide in Bosnia during the 1992-95 war but said it had violated its responsibility to prevent genocide.

Here are the highlights of the court's ruling:

"Serbia has not committed genocide, through its organs or persons whose acts engage its responsibility under customary international law;

"Serbia has not conspired to commit genocide, nor incited the commission of genocide;

"Serbia has not been complicit in genocide, in violation of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide;

"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 by the International Criminal Tribunal for the former Yugoslavia, and thus having failed fully to cooperate with that Tribunal;

"Serbia shall immediately take effective steps to ensure full compliance with its obligation ... to transfer individuals accused of genocide or any of those other acts for trial by the International Criminal Tribunal for the former Yugoslavia, and to cooperate fully with that Tribunal;

"The case is not one in which an order for payment of compensation, or ... a direction to provide assurances and guarantees of non-repetition, would be appropriate."

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Last updated:Mon Feb 26 12:38:03 2007