International Law Outline


Bosnia-Herzegovina v. Serbia



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Bosnia-Herzegovina v. Serbia – ICJ – 2007 (Packet IV, p. 35-36)

  1. rejects Tadic and reaffirms Nicaragua – “effective control” specifically, not generally

  • UN International Law Commission –Draft Articles on Responsibility of States for Intentionally Wrongful Acts – 2001 (996)

    1. Also supports Nicaragua test (if issued specific instructions)

      1. Unlikely Taliban would have met this test.

  • States may have SOMe affirmative duties regarding non-state actors

    1. Montreal Convention – extradite or prosecute.

  • Failed to exhaust nonmilitary alternatives

  • Delay in use of force makes legitimate act of self-defense an illegal act of reprisal

  • Use of force was not proportional

  • Jonathan Charney (997) Should have disclosed FACTUAL basis

  • Thomas Franck (997) unreasonable to expect that




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