Morgan Institute for Human Rights

 

Identify the Best Arguments for Each Side

Check the boxes below to indicate for each item which supports Yugoslavia and which supports Bosnia. Your score will be determined by how well you understand which items support each side.



The strongest arguments for each state's position are:

Bosnia

Yugoslavia

Bosnia was not a party to the Genocide Convention during the alleged violation

The Security Council arms embargo violates Bosnia's right to self defense

Only the Security Council may order provisional measures after war has begun

The fighting in Bosnia is a civil war not an international conflict

Ethnic cleansing is a form of genocide

The Genocide Convention applied to Bosnia from its independence day

The Genocide Convention does not apply to casualties in military conflict

The facts that support each state's case are:

The indictment of Yugoslav soldiers by the War Crimes Tribunal

Security Council resolutions that condemn ethnic cleansing

Evidence that Yugoslavia's army units never entered Bosnian territory

Bosnian Muslim's killing and deportation of Serbs, destruction of religious monuments

U.N. human rights Special Rapporteur finding that Serbian ethnic cleansing did not appear to be a consequence of the war, but rather its goal.

The U.N. Secretary General accepted Bosnia as a successor treaty party rather than as a new state acceding to the Genocide Convention

Prior legal doctrines that support each state's case are:

ICJ decision against Libya's challenge to Security Council sanctions

ICJ decision on provisional measures on behalf of Nicaragua

Rules governing when states obtain treaty rights

U.N. Charter Article 51 on the right to self defense

Standard of proof required to establish genocidal intent






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