Croatia–Serbia genocide case

The Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia)^[1] was heard before the International Court of Justice.

The Republic of Croatia filed the suit against the Federal Republic of Yugoslavia on 2 July 1999, citing Article IX of the Convention on the Prevention and Punishment of the Crime of Genocide.^[2] The application was filed for Croatia by American lawyer David Rivkin.^[3] 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 counterfiled a suit charging the Republic of Croatia with genocide, on 4 January 2010.^[4] 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.^[5]

Both applications have a financial aspect, seeking compensation of damages. Opening arguments began on Monday, 3 March 2014 and lasted until 1 April 2014.^[6][7]

On 3 February 2015, the International Court of Justice ruled that neither Serbia nor Croatia proved sufficient evidence that either side committed genocide, thereby dismissing both cases.^[8]

Facts

Croatia waited until the conclusion of the Bosnian Genocide Case before it proceeded with its own case. Sakib Softić, who worked on the Bosnian case, stated that Croatia was in a much better position than his country was in its own court suit.^[9]

Preliminary objection

The Federal Republic of Yugoslavia returned its preliminary objections on 1 September 2002.^[10] On 18 November 2008, the court decided on preliminary objections to the case filed by Serbia. The court ruled against Serbia's three objections to the case, while finding that one of these objections was not purely preliminary. Finally, the court decided that it had jurisdiction over the case.^[2] Croatia was represented at the proceedings by its justice minister, Ivan Šimonović.^[11] The decision made headlines in Croatia and Serbia, especially as it fell on the anniversary of the fall of Vukovar in 1991 to Serb forces.^[12]

Serbian officials sought for Croatia to withdraw from the lawsuit on multiple occasions.^[13][14] Then President of Serbia Boris Tadić said that "Serbia considered in previous years, and still believes, that it is always better for all conflicts from wars during the 1990s to be solved in extra-judicial processes, through peaceful means, however, for such an approach of Serbia, partners on the other side are needed" and the Foreign Minister Vuk Jeremić said that "I think it would be better for Croatia for it to never come to this process. Our main goal and wish is not to sue each other, but to cooperate on the road towards EU integration, to build good neighborly relations, to solve problems which we have inherited."^[15][16] In November 2013 Serbia's Prime Minister Ivica Dačić reiterated a mutual withdrawals of lawsuits between the two countries.^[17]

Serbia v. Croatia

Following the court ruling that it has the jurisdiction in Croatia's case, Serbian foreign minister Vuk Jeremić announced a plan to file a counter-suit against Croatia.^[18] The application was submitted on 4 January 2010. The document will include information on crimes committed against Serbs in Gospić, Sisak, Pakrac, Karlovac, Osijek, Paulin Dvor and during the operations Operation Flash, Operation Storm and the Operation Medak Pocket. The lawsuit also covers all those victims murdered after the war as they tried to return to their homes they left as refugees. The lawsuit against Croatia contains a historical account, with a focus on World War II persecution of Serbs.^[4]

A public opinion poll in Serbia by Blic found that 69.7% of people supported the counter-suit, while 9.1% opposed it.^[19] The lawsuit has been opposed by the minor opposition Liberal Democratic Party whose leader said that "Serbia needs a smart foreign policy, which will not respond with a mistake to a mistake that was made in the last century by Croatia".^[20][21]

Serbia called for a mutual withdrawal of the genocide case as late as January 2014.^[22]

Relation to ICTY

In the final verdict of the International Criminal Tribunal for the Former Yugoslavia in the case of Prosecutor v. Gotovina et al. was an acquittal, some German media have speculated that this opens a possibility for Serbia to pay large reparations to Croatia.^[23] However, Serbian media pointed out that several main suspsects involved in the war such as Momčilo Perišić, Jovica Stanišić and Franko Simatović have been acquitted by the ICTY, leading to speculation on pending likely the closure of Serbia's potential criminal responsibility.^[24]

Timeline

See also

• Croatian War of Independence
• List of International Court of Justice cases

Notes