A Solomon's verdict
The dolus specialis, the special intent needed for a crime to be the crime of genocide, is hard to prove, if not impossible to prove, for state institutions. And here it is not proven. In my humble opinion it is in any way hard to do this. How can an institution, namely the Serbian state, be held responsible for the intent to commit genocide, without holding its leaders criminal responsible for it, as was the case in this case? Convicting a state for this would make it a rouge state by definition, and therefore not eligible for accession into the European Union, and, keeping this rational in mind, ready for regime change, since the regime now is considered a direct successor the regime of the nineties? Ok, acceptee, I am simplifying things here, but what were the expectations of BiH when it started this case?
The answer is not simple, but I think it can be found in the time in which the case was initially brought before the Court- 1993. At the height of the war. I think they wanted to make a political statement, hoping that the world would help them, and would lift the weapons embargo that was enforced upon them.
I am afraid that that is exactly what they got- a political statement. But one they seem not to like today. A Solomon's verdict....