Genocide and the International Court of Justice: Finally, a Duty to Prevent the Crime of Crimes

The International Court of Justice has issued its long-awaited decision in the suit filed by Bosnia and Herzegovina against Serbia and Montenegro with respect to the 1992–1995 war. The decision confirms the factual and legal determinations of the International Criminal Tribunal for the former Yugoslavia, ruling that genocide was committed during the Srebrenica massacre in July 1995 but that the conflict as a whole was not genocidal in nature. The Court held that Serbia had failed in its duty to prevent genocide in Srebrenica, although—because, the Court said, there was no certainty that it could have succeeded in preventing the genocide—no damages were awarded. The judgment provides a strong and authoritative statement of the general duty upon states to prevent genocide that dovetails well with the doctrine of the responsibility to protect.

Policing the Globe: State Sovereignty and the International in the Post-9/11 Crime Novel

Two recent studies of 9/11 literature are dismissive of the contributions that crime and espionage novels have made to ongoing efforts to map the significance of 9/11 and its aftermath. My essay contests the assumption that only literary fiction – which pays sufficient attention to trauma – can “bear witness” to the events of 9/11 and argues that such fiction is, in fact, singularly ill-equipped to illuminate the complex geo-political circumstances that 9/11 entrenched and transformed. By contrast, genre novels by John Le Carré and Don Winslow have responded in imaginative and critical ways to post-9/11 and avowedly trans-national securitization initiatives and hence to efforts to trouble traditional accounts of state sovereignty.