SERBIA did not commit genocide against Bosnia during the 1992-5 war, the United Nation's highest court has ruled in a landmark case - but it said that the country had violated its responsibility to prevent genocide.

Bosnia had asked the International Court of Justice (ICJ), based in The Hague, to rule on whether Serbia had committed genocide through the killing, rapes and ethnic cleansing that overtook Bosnia during the war.

It was the first time a sovereign state had been tried for genocide, outlawed in a UN convention in 1948 after the Nazi Holocaust of the Jews.

A judgment in Bosnia's favour could have allowed the country to seek billions of pounds of compensation from Serbia.

Judge Rosalyn Higgins, the ICJ president, said the court concluded that the 1995 Srebrenica massacre of thousands of Bosnian Muslim men and boys did constitute genocide, but that other mass killings of Bosnian Muslims did not.

But she said the court ruled that the Serbian state could not be held directly responsible for genocide, so paying reparations to Bosnia would be inappropriate even though Serbia had failed to prevent genocide and punish the perpetrators.

"The court finds by 13 votes to two that Serbia has not committed genocide," she said. "The court finds that Serbia has violated the obligation to prevent genocide ... in respect of the genocide that occurred in Srebrenica."

Some 8,000 Muslims from Srebrenica and surrounding villages in eastern Bosnia were killed in July 1995. The bodies of almost half of them have been found in more than 80 mass graves nearby.

Radovan Karadzic, the Bosnian Serb wartime leader and his military commander, Ratko Mladic, both accused of genocide over Srebrenica, are still on the run.

Reacting to the ruling in Belgrade, the Serbian president, Boris Tadic, urged the country's parliament to condemn the massacre. "For all of us, the very difficult part of the verdict is that Serbia did not do all it could to prevent genocide," he told a news conference.

The International Criminal Court in The Hague is scheduled to rule Monday on the genocide suit filed in 1993 by Bosnia-Herzegovina against Yugoslavia.

Basing its charges on the 1948 United Nations Convention on Genocide, Bosnia brought the case before the United Nations high court demanding damages.

In the 1990s, Serb-dominated Yugoslavia moved militarily against its regions that were seeking independence. Serbia stands as the accused since the disintegration of Yugoslavia.

The case is the first in which the UN court will apply the 1948 convention.

The Bosnian genocide case is not connected with trials by the International War Crimes Tribunal in The Hague, before which individual war crimes suspects must personally answer. The tribunal, which has already ruled that the 1995 massacre of Bosnian Muslims in Srebrenica was genocide.

Earlier Friday, 46 of 49 countries participating in the two-day Oslo Conference on Cluster Munitions agreed to an action plan to develop a new international treaty to ban the use of cluster munitions by 2008. Romania, Poland and Japan refused to sign the Oslo Declaration. The United States, Russia, Israel, and China chose not to attend the conference. Cluster munitions are considered by many to be inaccurate weapons designed to spread damage indiscriminately and could therefore be considered illegal [CMC backgrounder] under multiple provisions of Protocol I of the Geneva Conventions (1977).

The United States, stretched by engagements in Iraq and Afghanistan, had hoped to transfer command as early as 2009, but ultimately agreed to South Korea's insistence that responsibilities be shifted at a slower pace.

Survivors and relatives of victims of the Srebrinica massacre are on their way to The Hague for a ruling on a demand to hold Serbia accountable for mass killings during the Bosnian War. The case, brought by Bosnia, has been described as one of the most significant in the International Court's history. "We've been waiting a long time, and now we want to go there and witness justice for ourselves," said one woman boarding a bus in Sarajevo for The Hague. "We have been deceived many times before and now we want justice, finally," another said.

The UN Court in The Hague opened the case last year, 13 years after Bosnia first sued what remained of the Yugoslav state from which it broke away in 1992. At least 100,000 died in the ensuing conflict. Bosnia says modern-day Serbia should pay billions of euros in compensation for the genocide and other war crimes committed against Bosnian Muslims during the fighting.

The most notorious episode came at Srebrinica when around 8,000 Bosnian men were massacred. Serbia's lawyers have argued the case between two multi-ethnic states does not reflect a war fought along ethnic lines. The ruling is expected on Monday.

Speaking publicly for the first time, Muslim cleric Osama Moustafa Hassan Nasr said Thursday that he was tortured by Egyptian officials during his four-year detention in Egypt following an alleged 2003 kidnapping and extraordinary rendition from Milan. Nasr, who has been at the heart of Italian judicial proceedings against US and Italian intelligence agents implicated in his alleged kidnapping, spoke to reporters outside the unrelated trial of 22-year-old Egyptian blogger Abdel Kareem Nabil in Alexandria. Released from prison early last week, Nasr says he was tortured after being grabbed off a street in Milan and ultimately sent to Egypt. Late last week Italian Judge Caterina Interlandi issued indictments for 31 US and Italian intelligence agents for their alleged role in the abduction.

Testimony during the Italian proceedings leading up to the indictments disclosed that the CIA had contacted Italian intelligence about the possibility of performing extraordinary renditions in the days following the September 11 attacks. Also last week, officials in Switzerland announced that they were launching a criminal probe into the alleged unlawful use of Swiss airspace by US agents to transport Nasr from Milan to Germany. Milan prosecutor Armando Spataro has said he will likely try the US agents in absentia, as the US is not expected to turn them over for trial.