ABSTRACT
On February 26, 2007 the International Court of Justice (ICJ) delivered its judgment in the case of Bosnia-Herzegovina v. Serbia and Montenegro and found Serbia2 “…failed in its duty to co-operate fully with the International Criminal Tribunal for the former Yugoslavia…,” and emphasized, “this failure constitutes a violation by [Serbia] of its duties as part of the Dayton agreement, and as a Member of the United Nations, and accordingly a violation of its obligations under Article VI of the Genocide Convention” (Bosnia-Herzegovina v. Serbia and Montenegro 2007: 161).3 The ICJ’s judgment in Bosnia-Herzegovina v. Serbia and Montenegro highlighted what was a decade and a half long record of non-compliance on the
part of multiple Belgrade governments. Moreover, the ICJ judgment, which found Serbia’s failure to cooperate with the ICTY not only to be a breach of the Dayton agreement and multiple UNSC resolutions but also a breach of the Genocide Convention, failed to bring about Serbia’s “full cooperation” with the Tribunal.
