In view of Belgrade's repeated invocation of international law in relation to Kosova's proclamation of independence, it is relevant to consider Serbia's own degree of respect for international law

Belgrade government officials, especially PM Kostunica, like to invoke international law with respect to Serbia's future relations with the EU and its objections to Kosovo's independence. What is almost never mentioned is Serbia's own record with respect to its international legal obligations.

One year ago today, the International Court of Justice (ICJ), the highest judicial organ of the United Nations, delivered its judgement in the case Bosnia and Herzegovina v. Serbia and Montenegro In its final judgement in the case, delivered on 26 February 2007, the Court declared that it -

Finds that 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; [...]

Decides that Serbia shall immediately take effective steps to ensure full compliance with its obligation under the Convention on the Prevention and Punishment of the Crime of Genocide to punish acts of genocide as defined by Article II of the Convention, or any of the other acts proscribed by Article III of the Convention, and 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 co-operate fully with that Tribunal;

A full year has passed as of today and evidently Serbia has no intention of complying with the international legal obligations imposed upon it by the ICJ's judgement. I thought the anniversary of the ICJ judgement and Serbia's continued scofflaw status should not pass unnoted.

The three items of news posted here are relevant.

I

HINA Croatian News Agency

22 February 2008

Bosnian Serb parliament against proposal to request Serbia to extradite war crimes indictees

The Bosnian Serb parliament said on Friday that the plan by the Bosnian state presidency to request Serbia to finally extradite war crimes indictees Radovan Karadzic and Ratko Mladic was harmful to the vital national interests of Bosnian Serbs.

Two-thirds of parliamentary deputies, all of Serb background, supported a decision by the Serb member of the state presidency, Nebojsa Radmanovic, who earlier this week vetoed the decision by the state leadership to ask the UN Security Council to make Serbia comply with a ruling of the International Court of Justice (ICJ).

A year ago the ICJ ruled that genocide had been committed in the eastern Bosnian town of Srebrenica and that Serbia had the responsibility to hand over the perpetrators of that crime, primarily Karadzic and Mladic.

Since a year has gone by and Belgrade has not done anything to comply with the ruling, Bosnian Presidency member Haris Silajdzic asked that this be brought to the attention of the UN Security Council so that it could take appropriate measures.

Silajdzic's proposal was backed by Presidency Chairman Zeljko Komsic, but a decision to that effect could not be adopted because Radmanovic vetoed it, saying that it was detrimental to the vital interests of Bosnian Serbs.

Explaining his move in the Bosnian Serb parliament in Banja Luka on Friday, Radmanovic said that he made it because ‘some in Bosnia and Herzegovina are trying to increase their political influence on the basis of the ICJ ruling’.

‘That decision would also be against good neighbourly relations with Serbia, and it comes at the most difficult time for that country,’ Radmanovic said.

Radmanovic was supported by his party leader Milorad Dodik, who said that Silajdzic and the leader of the Muslim Party of Democratic Action (SDA), Sulejman Tihic, were using every opportunity to ‘spite Republika Srpska’.

Dodik said that the outvoting of Serb representatives in Bosnian state institutions would not be tolerated and that any such decision would be vetoed.

II

BBC Monitoring European

25 February 2008

Bosniak leader says Serb entity assembly acts as ‘Serbia's agent’

Source: SRNA news agency, Bijeljina, in Bosnian/Croatian/Serbian 24 February 2008

Text of report by Bosnian Serb news agency SRNA

The Bosniak member of the Bosnia-Hercegovina [B-H] Presidency, Haris Silajdzic, believes that the People's Assembly of the [Bosnian] Serb Republic has placed itself in ‘double service as Serbia's direct agent,’ by adopting the Kosovo resolution and blocking the B-H Presidency's decision to request from the UN Security Council to ensure that Serbia implements the verdict ofthe International Court of Justice [on the Srebrenica genocide].

‘These moves show that the assembly's decisions are completely devoid of any legitimacy,’ Silajdzic believes.

A statement from his office says that deputies to the Serb Republic People's Assembly ‘have raised the issue of the inviolability of the international legal order regarding the borders of a neighbouring country, but have at the same time blocked B-H's attempt to protect its international rights that Serbia has been violating for over 12 years’.

‘These selective advocates of international law have even directly threatened to hold a referendum. The repetition of the unfounded comparison between B-H's internal setup which can be changed and B-H's sovereignty which is not questionable and is guaranteed by international law, not by the Dayton Agreement, only encourages nationalist forces,’ Silajdzic says.

Silajdzic says that the OHR [Office of the High Representative], instead of saying that it is not ready to use Bonn powers, has the duty to annul the Serb Republic Assembly's resolution.

III

Xinhua News Agency (Belgrade)

26 February 2008

Serbia to sue countries recognizing Kosovo at ICJ

Serbia will file lawsuits at the International Court of Justice against the US and all other countries that recognized the false state of Kosovo, the official Tanjug news agency reported on Tuesday.

Since the outgoing US administration has recognized the false state of Kosovo, it will face charges by Serbia, the report quoted Branislav Ristivojevic, advisor to the Serbian prime minister, as saying.

He said it would be best if the outgoing US administration revoked its decision to recognize the false state of Kosovo, or if the new administration did it immediately.

If the US does not annul its deci

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