Forumkonkurrens. Prövning av folkmord inför ICJ och ICTY

Sammanfattning: The conflict in the former Yugoslavia was characterised by extensive war crimes committed by all parties in the conflict. Two international courts, The International Court of Justice and the International Criminal Tribunal for the Former Yugoslavia, have both judged if a genocide was committed in this conflict. This paper examines how these two courts relates to each other concerning their legal judgement of the crime of genocide. Two cases are analysed; the judgement of Radislav Krstic´ at the ICTY and the case Bosnia and Hercegovina v. Serbia and Montenegro at the ICJ. For the first time a state was beeing accused for beeing responsible for genocide. Krstic´ was the only person convicted for the crime when the dispute between Bosnia and Serbia was beeing settled. The international court and the tribunal came to the same conclusion that genocide was only committed in the town of Srebrenica during the summer of 1995. The relationship between these two forums are examined from the theory of forum shopping in international law. From the perspective of these two judgements the conclusion is drawn that the these two forums cooperates in their judgement of genocide.