Dissenting Opinion of Judge
Ad Hoc Kreca in Genocide Case
Preliminary Objections

Edited By Dimitrije Tasic
December 1997
ISBN: 86-13-00891-7
208 pages, Illustrated, 6" x 9 "
$85.00 Paper Original

Contents include: Basic approach to the meaning of the First Preliminary Objection, Concept of the State ab intra, Application of the constituent element of the concept to Bosnia and Herzegovina, Meaning of the Dayton Agreement in the establishment of Bosnia and Herzegovina within the administrative boundaries of that former Yugoslav federal unit, Recognition of Bosnia and Herzegovina, Relevance of internal law in concreto, Was the President of Bosnia and Herzegovina authorized to personally accredit a "General Agent with extraordinary and plenipotentiary powers" to the Court?, Could Mr. Izetbegovic have performed the function of President of the Presidency ex constitutione after 20 December 1992?, Legal qualification of the matter, Sedes materiae of the Third Preliminary Objection, Relevance of internal law to the birth of States, Relevance of the internal law of SFRY, Constitutional concept of the Yugoslav State, Promulgation of Bosnia and Herzegovina as a sovereign State, Legality of the proclamation of independence of Bosnia and Herzegovina in the light of international law, Relation between the legality of the birth of a State and succession with respect to international treaties, Is Yugoslavia a Party to the Genocide Convention?, Principal legal questions raised by Yugoslavia's Fifth Preliminary Objection, Qualification of the conflict in Bosnia and Herzegovina, Legal nature of the rights and obligations of States under the Convention, Does the Genocide Convention contain the principle of universal repression?, Could a State be responsible for genocide?, The scope of Article IX of the Convention, General Approach to the issue raised by Yugoslavia's Sixth Preliminary Objection, Legal nature of the Genocide Convention, Institute of "automatic succession" - lex lata or lex ferenda?, Principles underlying the Convention as a part of the corpus iuris cogentis, Notification of succession - whether it is capable per se of expressing consent to be bound by the treaty?, Is the Dayton Agreement a basis for the application of the Genocide Convention between Yugoslavia and Bosnia and Herzegovina, Scope of Article IX of the Convention ratione temporis - retroactivity or non-retroactivity?, Appendix.

International Law

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