Declaration of Judge Bennouna

359

DECLARATION OF JUDGE BENNOUNA

[Translation]

FRY’s continued presence within the United Nations — Effects of Serbia and
Montenegro’s admission to the United Nations on 1 November 2000 — Serbia’s
complicity in genocide — Accomplice’s mens rea as opposed to principal perpe-
trator’s — Relationship between individual criminal liability and State respon-
sibility — Definition of complicity — “Scorpions”, a paramilitary force under

Serbian control.

Declaration of Judge Keith

352

DECLARATION OF JUDGE KEITH

Explanation of vote on complicity — Knowledge of principal’s genocidal
intent necessary as a matter of law, but not shared intent — Evidence of aid and
assistance established — Evidence of knowledge of the facts underlying the
genocidal intent established — Finding of complicity in the genocide committed
at Srebrenica.

Separate opinion of Judge Tomka

310

SEPARATE OPINION OF JUDGE TOMKA

The Court’s jurisdiction — Court informed FRY in 2003 that it could present
further argument on jurisdiction at merits stage — Court Statute and Rules do
not prohibit objections to jurisdiction at merits stage and Court must examine
such issues proprio motu if necessary — Principle of res judicata does not bar
Court’s reconsideration of its jurisdiction — Court’s Judgment of 11 July 1996

Separate opinion of Judge Ranjeva

276

SEPARATE OPINION OF JUDGE RANJEVA

[Translation]

T HE D UTY TO P REVENT

Duty to prevent — Erga omnes obligation based on international solidarity
— Enduring duty of vigilance and co-operation applying to all States parties —
International responsibility of States for omission — Concerted diplomatic

action.

1. In law, international responsibility for omission is recognized in
order to safeguard the fundamental interests of the international commu-

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