Confirm favorite deletion?
International Law Keyed to Damrosche
Application of the Convention on the Prevention and Punishment of the Crime of Genocide
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
A suit was brought against the Federal Republic of Yugoslavia (FRY) which became “Serbia and Montenegro” and then just “Serbia: in 1999 by Croatia (P) before the I.C.J, contending that Serbia had violated the Genocide Convention of 1948 (Convention) by directly engaging in or encouraging acts of “ethnic cleanings” of Croats in parts of Croatia (P). Croatia (P) also argued in order to buttress its point that the Court had jurisdiction pursuant to Article IX of the Convention, which stipulates that the Court with jurisdiction over disputes relating to a state’s responsibility under the Convention. Serbia (D) objected to the Court’s jurisdiction on the premise that the FRY as successor to the Social Republic of Yugoslavia (SFRY) had not become bound to the Convention upon the SFRY’s dissolution since the FRY was not the continuator state. But Croatia (P) posited that the FRY’s declaration in 1992 that it would “strictly abide” by all the SFRY’s commitments and a Diplomatic Note (Note) to that effect. But Serbia (D) maintained its argument on the ground that such a broad declaration was not sufficient to bring about succession of the treaty and that a declaration specifically identifying the treaty to be continued was necessary. The Court delivered its judgment.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.