Because the war in Bosnia and Herzegovina was a consequence of instability in the wider region of the former Yugoslavia, and due to the involvement of neighboring countries Croatia and Serbia and Montenegro, there was long-standing debate as to whether the conflict was a civil war or a war of aggression. Most Bosniaks and many Croats claimed that the war was a war of Serbian and Croatian aggression, while Serbs often considered it a civil war. A trial took place before the International Court of Justice, following a 1993 suit by Bosnia and Herzegovina against Serbia and Montenegro alleging genocide (see Bosnian genocide case at the International Court of Justice). The International Court of Justice (ICJ) ruling of 26 February 2007 effectively determined the war's nature to be international, thus exonerating Serbia of responsibility for the genocide committed by Serb forces of Republika Srpska. The ICJ concluded, however, that Serbia failed to prevent genocide committed by Serb forces and failed to punish those who carried out the genocide, especially general Ratko Mladić, and bring them to justice.

Despite the evidence of widespread killings, the siege of Sarajevo, mass rapes, ethnic cleansing and torture conducted by different Serb forces which also included JNA (VJ), elsewhere in Bosnia, especially in Prijedor, Banja Luka and Foča, as well as camps and detention centers, the judges ruled that the criteria for genocide with the specific intent (dolus specialis) to destroy Bosnian Muslims were met only in Srebrenica or Eastern Bosnia.[4] The court concluded that the crimes, including mass killings, rapes, detentions, destruction and deportation, committed during the 1992-1995 war, were "acts of genocide" according to the Genocide Convention, but that these acts did not, in themselves, constitute genocide per se.[5] The Court further decided that, following Montenegro's declaration of independence in May 2006, Serbia was the only respondent party in the case, but that "any responsibility for past events involved at the relevant time the composite State of Serbia and Montenegro".[6]