Omarska Camp - Judgment of The ICJ

Judgment of The ICJ

The ICJ presented its judgment in Bosnian Genocide Case on 26 February 2007, in which it had examined atrocities committed in detention camps, including Omarska, in relation to Article II (b) of the Genocide Convention. The Court stated in its judgment:

Having carefully examined the evidence presented before it, and taken note of that presented to the ICTY, the Court considers that it has been established by fully conclusive evidence that members of the protected group were systematically victims of massive mistreatment, beatings, rape and torture causing serious bodily and mental harm during the conflict and, in particular, in the detention camps. The requirements of the material element, as defined by Article II (b) of the Convention are thus fulfilled. The Court finds, however, on the basis of evidence before it, that it has not been conclusively established that those atrocities, although they too may amount to war crimes and crimes against humanity, were committed with the specific intent (dolus specialis) to destroy the protected group, in whole or in part, required for a finding that genocide has been perpetrated.