The Court found that Serbia was neither directly responsible for the Srebrenica genocide nor complicit. However, it did rule that Serbia had breached the Genocide Convention by failing to prevent the Srebrenica genocide. The Court based its conclusion on the rules of attribution under the ARSIWA (Arts 4–11), which were considered as reflective of customary law. It also referred to the customary rule of complicity under Art 16 ARSIWA. However, according to the Court, the genocide as such was not attributable to the FRY.

On 29 November 1979, the USA had instituted proceedings against Iran for the seizure and detention of US diplomatic and consular staff in Tehran and other Iranian cities.

The ICJ drew a clear distinction between the legal situation immediately following the seizure of the US embassy and its personnel by the militants and that created by a decree of the Iranian State, which expressly approved and maintained the situation. In the words of the Court: ‘The approval given to these facts by the Ayatollah Khomeini and other organs of the Iranian State, and the decision to perpetuate them, translated continuing occupation of the Embassy and detention of the hostages into acts of that State’ (para 74).