Theoretically, there are still chances for revision of the verdict in the case of Bosnia and Herzegovina against Serbia on a lawsuit for genocide. However, there is concern that the entire mission has been approached superficially, sloppy and irresponsibly. Deadline for the launching of revision is February 2017.
Legal experts in BiH are currently considering the verdict of Radovan Karadžić in order to determine does it offer new elements based on which it would be possible to launch the revision of the procedure by Bosnia and Herzegovina against Serbia on a lawsuit for genocide, stated the Bosniak member of the Presidency of BiH Bakir Izetbegović.
Although the revision of procedure has been speculated about since the verdict of 2007, Izetbegović’s statement caused great polemics in the BiH public and the region.
Milorad Dodik stated that BiH needs consent from Republika Srpska for any kind of lawsuit.
“I am completely convinced that there will be no consent on the part of the Serb member of the Presidency of BiH Mladen Ivanić or anyone else. In any case, there are no elements for revision. That is also proven by this verdict of Karadžić that Bakir Izetbegović calls on. Serbia is for stability in the region,” Dodik stated.
Ivanić only confirmed the words of his political rival, highlighting that “he will never allow the revision of the verdict”.
“There will be no revision of the lawsuit of BiH against Serbia, because for such procedure a decision must be reached by the Presidency of BiH and I, as the Serb member of the Presidency, will not vote for that and it is absolutely impossible to reach such decision without my approval,” Ivanić said.
Theoretically, Ivanić explained, it might happen that he gets outvoted in the Presidency regarding this issue. However, in this case, he highlighted that he would certainly exercise his right to veto.
In a certain way, Izetbegović’s announcement was commented on by the Croat member of the Presidency of BiH Dragan Čović. He stated that he does not believe that the verdict of Karadžić creates conditions for revision of the verdict by the International Court of Justice on the lawsuit of BiH against Serbia. Čović, however, did not specify how he would vote in case this issue ever finds itself on the agenda of the Presidency.
Two questions are essential in this entire story: is the consent by the Presidency of BiH really necessary for the revision of procedure or the revision can be conducted by the BiH representative in this process before the International Court of Justice Sakib Softić, and is there a legal basis for revision?
As a reminder, in 2007 the International Court of Justice pronounced a verdict in the case BiH against Serbia for prevention and punishment of the crime of genocide, launched by BiH on 20th of March 1993, and which found that the Federal Republic of Yugoslavia, i.e. Serbia as its legal heir, is not responsible for the genocide in Bosnia and Herzegovina, except for “not preventing and punishing those responsible for the genocide in Srebrenica”.
(Source: novovrijeme.ba)
