Genocide in terms of general public law: An examination in the framework of the Bosnia-Herzegovina V. Serbia case

The war in Bosnia and Herzegovina between 1992 and 1995 created the opportunity to shape a new international system and to improve the implementation of international law. The inadequacy of the UN and the end of the nation-state were pointed out. The concept of humanitarian intervention was developed after this war, and NATO became a partner to the UN Security Council's monopoly on the authority of international intervention. The international trials conducted after the Bosnian war established a comprehensive jurisprudence on the implementation of the Convention on the Prevention and Punishment of Genocide. Responses and frameworks to controversial concepts were presented. However, in the case where the International Court of Justice investigated Serbia's violations, the State's obligation to " prevent genocide", which was not included in the Convention, was also emphasized. On the other hand, debates on the politicization of justice and allegations that the gaps in the Convention were filled with political orientations have come to the fore.