04 February, 2015

Croatia v Serbia ~ International Court of Justice


The International Court of Justice has delivered judgment in the "Genocide" case of Croatia v Serbia.

Croatia contended that Serbia was responsible for breaches of the Convention on the Prevention and Punishment of Genocide committed in Croatia between 1991 and 1995. In its counter-claim, Serbia contended that Croatia was itself responsible for breaches of the Convention committed in 1995 in the “ Republika Srpska Krajina”, an entity established in late 1991.

It is a lengthy judgment (146 pages / 524 paragraphs) and reveals much of the horror of the conflict.  The court first decided (11 judges to 6) that its jurisdiction to entertain Croatia's claim extended to before 27th April 1992.  The court then decided (15 to 2) to reject Croatia's claim and unanimously dismissed Serbia's counter claim.



Thus, despite the appalling atrocities of the period, genocide had not been committed.  Although the court held that the evidence established the actus reus of genocide in relation to both Croatia and Serbia, the necessary intentional element (or dolus specialis) was lacking.

Here is the judgment and Press Release:


  • 03/02/2015 - Judgment Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia) - Judgment of 3 February 2015  2 Mb Link to all documents in the case
    • 03/02/2015 - 2015/4 - Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia) - The Court rejects Croatia's claim and Serbia's counter-claim   240Kb
     Links:


    Wikipeda - The Yugoslav Wars

    Youtube - Croatian War of Independence

    Wikipedia - Croatian War of Independence

    Sydney Morning Herald 4th February - UN's highest court absolves Croatia and Serbia of Genocide during 1991-95 war

    1 comment:

    bousedraoui mohammed said...

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