ICJ to Hear Genocide Case Against Serbia

By Sarah Benczik
Impunity Watch Reporter, Europe

THE HAGUE, Netherlands - The International Court of Justice (ICJ) announced today that it has jurisdiction to hear the case brought by Croatia against Serbia regarding genocide during the 1990s. 

The ICJ court president presiding over the proceedings, Rosalyn-Higgins, announced that the court decided 12 - 5 that it has jurisdiction to hear the case under Article IX of the Convention on the Prevention and Punishment of the Crime of Genocide.  The court decided 10 - 7 that it is appropriate for Serbia to appear before the court, even though the alleged crimes were committed under the government of Yugoslavia. 

Croatians believe that 20,000 Croats died in the conflict between Croatia and Yugoslavia, which the Croatians view as an independence war.  Croatia is seeking reparations and an order from the ICJ that Serbia help trace missing persons from the era and return plundered cultural items.

Serbian representative Tibor Varadi said the ruling will only prolong tensions between the neighboring countries, in direct conflict of the goals of European integration.  "I think it would be much better to insist consistently on individual criminal responsibility," he said.  Despite this, Varadi reported that the Serbian legal team, which has been preparing its defense for the past eight years, has also been working on a counter-suit at the same time.  It is possible that Serbia will now consider bringing a case against Croatia for genocide involving Serbs.

Croatian representative, Ivan Simonovic, said the ICJ case should help both countries move beyond the past by bringing legal closure for the wartime atrocities.  Croatian Parliament president Luka Bebic said, "[the] future cannot be constructed in these areas if we do not face the past and those who are guilty are held responsible."

Croatian President Stipe Mesic described the ruling as symbolic, especially since it was delivered on the 17th anniversary of the fall of the city of Vukovar, during which at 1,500 Croats were killed and thousands expelled by Serbian forces.  "We expected this decision, considering everything that has happened. The symbolism is that we have received this news today, when we remember Vukovar victims and the heroes who defended it," he said.  "It is symbolic, as well as just."

Unless the two countries settle out of court - which seems unlikely given that Serbia has offered to do so throughout the process thus far - it is likely that the entire adjudicatory process will stretch out over the next three years or longer.  Croatia first brought the case to the ICJ in 1999.  In May 2007 the ICJ found for Serbia in a case brought by Bosnia-Herzegovia against Serbia on similar grounds.   

For more information, please see:

B92 - Belgrade mulls "counter-suit' - 18 November 2008

B92 - Croatian genocide suit in the ICJ jurisdiction - 18 November 2008

BBC - Serbia 'genocide' case to proceed - 18 November 2008

International Court of Justice - Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia) - Preliminary objections - The Court finds that it has jurisdiction, on the basis of Article IX of the Genocide Convention, to entertain the case on the merits - 18 November 2008

International Herald Tribune - Croatia wins right to sue Serbia for genocide - 18 November 2008

JAVNO - Croatian Top Pleased with ICJ Genocide Decision - 18 November 2008