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APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE (CROATIA v. SERBIA)

International Court of Justice (ICJ)

2015


http://bit.ly/1FHbPif

Abstract

The Republic of Croatia filed the suit against the Federal Republic of Yugoslavia on July 2, 1999, citing Article IX of the Convention on the Prevention and Punishment of the Crime of Genocide. With the transformation of the Federal Republic of Yugoslavia into Serbia and Montenegro and the dissolution of that country in 2006, Serbia is considered its legal successor. The Republic of Serbia counter-filed a genocide lawsuit against the Republic of Croatia on January 4, 2010. The application covers missing people, killed people, refugees, expelled people and all military actions and concentration camps with historical account of World War II persecution of Serbs committed by the Independent State of Croatia, puppet state of Nazi Germany, and Ustaše during World War II. Both applications have a financial aspect, seeking compensation of damages.

THE COURT,
By eleven votes to six, rejects the second jurisdictional objection raised by Serbia and finds that its jurisdiction to entertain Croatia’s claim extends to acts prior to 27 April 1992;
By fifteen votes to two, rejects Croatia’s claim; and
Unanimously, rejects Serbia’s counter-claim.

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Entry Type : Case Law
Uploaded By : Rayhan Rashid
Upload date : Friday, 13 February 2015

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