Professor of Law at Northwestern University in Chicago and author of a request for revision of the judgment of the lawsuit of BiH against Serbia David Scheffer made a statement after the International Court of Justice in The Hague rejected the request of our country to start the revision of judgment.
Scheffer stated that the International Court of Justice in The Hague rejected the request for revision of the judgment from the 26th of February 2007, with which would be re-launched one of the most important cases of genocide in BiH during the war from 1990’s.
He believes that the Court should first consider the validity of new facts on the basis of which would be launched the process of revision of the judgment, and then ask members of the Presidency of BiH to express their opinion on the legitimacy of the agent in accordance with laws of BiH.
When it comes to evidence, he noted that the evidence of genocide against Bosniaks was presented during the trial of war criminal Ratko Mladic in December 2016, during closing arguments.
“Ten years ago, the International Court of Justice ruled that Serbia violated obligations under the Convention on the prevention of Genocide and did not punish Ratko Mladic for crimes that were committed while he was hiding in Serbia,” said Scheffer.
“The failure of Serbia to find and arrest Mladic and Karadzic, while the International Court of Justice was investing the case, deprived the Court of key evidence, which may have been the intention of Serbia from the very beginning,” said Scheffer.
“The International Court of Justice was familiar with Serbia’s role in helping Bosnian Serbs during that period, and much more evidence emerged after 2007. International Court for War Crimes will soon decide on the guilt of Mladic and Karadzic on charges of genocide committed in 1992,” said Scheffer.
He concluded that the request for revision was prepared with the aim to offer the International Court of Justice an opportunity to review the evidence and decide whether genocide happened in the 1992 and whether Serbia was guilty of it.