Croatian Genocide Case
Encyclopedia
The Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia) is a case before the International Court of Justice
.
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
. The application was filed for Croatia by the American lawyer David Rivkin. 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 filed the 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 President of Croatia, Stjepan Mesić
said that "Serbia must pay the war reparations" while the Prime Minister of Serbia, Zoran Đinđić said that Croatia would have to pay reparations "for the expulsion of Serbian population and destruction of their property" noting that it could amount around 150 billion US dollars.
. The decision made headlines in Croatia and Serbia, even more so because top Croatian politicians were that day in Vukovar
, marking the anniversary of the city's fall in 1991
to Serb forces.
Serbian officials sought from Croatia to withdraw the lawsuit several times. 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,".
announced a plan to file a counter-suit against Croatia. The application was submitted on January 4, 2010. The document will include information on crimes committed against Serbs of Croatia
in Gospić
, Sisak
, Pakrac
, Karlovac
, Osijek
, Paulin Dvor and during the operations Flash
, Storm
and 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
.
A public opinion poll in Serbia by Blic
found that 69.7% of people supported a counter-suit, while 9.1% opposed it. 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".
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
.
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
Convention on the Prevention and Punishment of the Crime of Genocide
The Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the United Nations General Assembly on 9 December 1948 as General Assembly Resolution 260. The Convention entered into force on 12 January 1951. It defines genocide in legal terms, and is the culmination of...
. The application was filed for Croatia by the American lawyer David Rivkin. With the transformation of the Federal Republic of Yugoslavia into Serbia and Montenegro
Serbia and Montenegro
Serbia and Montenegro was a country in southeastern Europe, formed from two former republics of the Socialist Federal Republic of Yugoslavia : Serbia and Montenegro. Following the breakup of Yugoslavia, it was established in 1992 as a federation called the Federal Republic of Yugoslavia...
and the dissolution of that country in 2006, Serbia is considered its legal successor.
The Republic of Serbia filed the 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
World War II persecution of Serbs
The Serbian Genocide refers to the attempt in extermination made towards ethnic Serbs in 1939-1945 by predominantly ethnic Croat Fascists and Nazi occupational forces....
committed by the Independent State of Croatia
Independent State of Croatia
The Independent State of Croatia was a World War II puppet state of Nazi Germany, established on a part of Axis-occupied Yugoslavia. The NDH was founded on 10 April 1941, after the invasion of Yugoslavia by the Axis powers. All of Bosnia and Herzegovina was annexed to NDH, together with some parts...
, puppet state of Nazi Germany, and Ustaše
Ustaše
The Ustaša - Croatian Revolutionary Movement was a Croatian fascist anti-Yugoslav separatist movement. The ideology of the movement was a blend of fascism, Nazism, and Croatian nationalism. The Ustaše supported the creation of a Greater Croatia that would span to the River Drina and to the border...
during World War II.
Both applications have a financial aspect, seeking compensation of damages. The President of Croatia, Stjepan Mesić
Stjepan Mesić
Stjepan "Stipe" Mesić is a Croatian politician and former President of Croatia. Before his ten-year presidential term between 2000 and 2010 he held the posts of Speaker of the Croatian Parliament , Prime Minister of Croatia , the last President of the Presidency of Yugoslavia , Secretary General...
said that "Serbia must pay the war reparations" while the Prime Minister of Serbia, Zoran Đinđić said that Croatia would have to pay reparations "for the expulsion of Serbian population and destruction of their property" noting that it could amount around 150 billion US dollars.
Croatia v. Serbia
Croatia waited for the conclusion of the Bosnian Genocide Case against what was then Serbia and Montenegro before it proceeded with its own case. Sakib Softić, agent of Bosnia and Herzegovina in its case, has said that Croatia is in a much better position than his country was in its own court suit.Preliminary objection
The Federal Republic of Yugoslavia returned its preliminary objections on September 1, 2002 On November 18, 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 has jurisdiction over the case. Croatia was represented at the proceedings by its justice minister, Ivan ŠimonovićIvan Šimonovic
Ivan Šimonović is a Croatian diplomat, politician and law scholar. He was in October 2008 appointed Justice Minister of Croatia. On May 3, 2010, Šimonović was appointed UN Assistant Secretary-General for human rights.-Biography:...
. The decision made headlines in Croatia and Serbia, even more so because top Croatian politicians were that day in Vukovar
Vukovar
Vukovar is a city in eastern Croatia, and the biggest river port in Croatia located at the confluence of the Vuka river and the Danube. Vukovar is the center of the Vukovar-Syrmia County...
, marking the anniversary of the city's fall in 1991
Battle of Vukovar
The Battle of Vukovar was an 87-day siege of Vukovar in eastern Croatia by the Yugoslav People's Army , supported by various paramilitary forces from Serbia, between August and November 1991. Before the Croatian War of Independence the Baroque town was a prosperous, mixed community of Croats,...
to Serb forces.
Serbian officials sought from Croatia to withdraw the lawsuit several times. President of Serbia Boris Tadić
Boris Tadic
Boris Tadić is the President of Serbia and leader of the Democratic Party. He was elected to a five-year term on 27 June 2004, and was sworn into office on 11 July. He was re-elected for a de facto second five-year term on 3 February 2008 and was sworn in on 15 February...
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
Vuk Jeremic
Vuk Jeremić is a Serbian politician and the current Minister of Foreign Affairs in the Government of Serbia. He was sworn in on May 15, 2007 and reelected on July 7, 2008.-Education:Jeremić was born in Belgrade in 1975 to Miško Jeremić and Sena Buljubašić...
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,".
Serbia v. Croatia
Following the court ruling that it has the jurisdiction in Croatia's case, Serbian foreign minister Vuk JeremićVuk Jeremic
Vuk Jeremić is a Serbian politician and the current Minister of Foreign Affairs in the Government of Serbia. He was sworn in on May 15, 2007 and reelected on July 7, 2008.-Education:Jeremić was born in Belgrade in 1975 to Miško Jeremić and Sena Buljubašić...
announced a plan to file a counter-suit against Croatia. The application was submitted on January 4, 2010. The document will include information on crimes committed against Serbs of Croatia
Serbs of Croatia
Višeslav of Serbia, a contemporary of Charlemagne , ruled the Županias of Neretva, Tara, Piva, Lim, his ancestral lands. According to the Royal Frankish Annals , Duke of Pannonia Ljudevit Posavski fled, during the Frankish invasion, from his seat in Sisak to the Serbs in western Bosnia, who...
in Gospić
Gospic
Gospić is a town in the mountainous and sparsely populated region of Lika, Croatia. It is the administrative centre of Lika-Senj county. Gospić is located near the Lika River in the middle of a karst field....
, Sisak
Sisak
Sisak is a city in central Croatia. The city's population in 2011 was 33,049, with a total of 49,699 in the administrative region and it is also the administrative centre of the Sisak-Moslavina county...
, Pakrac
Pakrac
Pakrac is a town in western Slavonia, Croatia, population 4,852, total municipality population 8,482 . Pakrac is located on the road and railroad connecting the regions of Posavina and Podravina.-Name:...
, Karlovac
Karlovac
Karlovac is a city and municipality in central Croatia. The city proper has a population of 49,082, while the municipality has a population of 59,395 inhabitants .Karlovac is the administrative centre of Karlovac County...
, Osijek
Osijek
Osijek is the fourth largest city in Croatia with a population of 83,496 in 2011. It is the largest city and the economic and cultural centre of the eastern Croatian region of Slavonia, as well as the administrative centre of Osijek-Baranja county...
, Paulin Dvor and during the operations Flash
Operation Flash
The Serbs in western Slavonia took part in the organized rebellion against the government of the Republic of Croatia that had just proclaimed independence in June 1991, by proclaiming the Serbian Autonomous Oblast of Western Slavonia in August 1991...
, Storm
Operation Storm
Operation Storm is the code name given to a large-scale military operation carried out by Croatian Armed Forces, in conjunction with the Army of the Republic of Bosnia and Herzegovina, to gain back control of parts of Croatia which had been claimed by separatist ethnic Serbs, since early...
and Medak Pocket
Operation Medak Pocket
Operation Medak Pocket: Mid-September 1993 United Nations Protection Force and the 2nd Battalion Princess Patricia’s Canadian Light Infantry advanced into the Medak Pocket, named after the village of Medak, in Southern Croatia, with orders to implement a ceasefire between the Croatian Army Troops...
. 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
World War II persecution of Serbs
The Serbian Genocide refers to the attempt in extermination made towards ethnic Serbs in 1939-1945 by predominantly ethnic Croat Fascists and Nazi occupational forces....
.
A public opinion poll in Serbia by Blic
Blic
Blic is a tabloid daily newspaper in Serbia owned by Ringier AG group from Switzerland.Started in 1996, it has gone through a slight format change during the mid 2000s to include more in-depth coverage, but it is still, as its name aptly suggest, a paper devoted to quick, concise,...
found that 69.7% of people supported a counter-suit, while 9.1% opposed it. 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".
Timeline
| Date | Event |
|---|---|
| July 2, 1999 | Croatia files against the Federal Republic of Yugoslavia. |
| March 1, 2001 | Croatia submits a memorial to the ICJ, ahead of the March 14 deadline to do so. |
| September 1, 2002 | The Federal Republic of Yugoslavia submits a counter-memorial to the ICJ, ahead of the September 16 deadline to do so. |
| February 4, 2003 | The Federal Republic of Yugoslavia is reconstituted as Serbia and Montenegro Serbia and Montenegro Serbia and Montenegro was a country in southeastern Europe, formed from two former republics of the Socialist Federal Republic of Yugoslavia : Serbia and Montenegro. Following the breakup of Yugoslavia, it was established in 1992 as a federation called the Federal Republic of Yugoslavia... . |
| April 25, 2003 | Croatia submits its written statement, ahead of the April 29 deadline to do so. |
| June 5, 2006 | Serbia and Montenegro separate into individual countries with Serbia succeeding the state in all legal capacity. |
| February 26, 2007 | A judgment is delivered in the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro). |
| May 26–30, 2008 | Public hearings on the preliminary objections in the case. |
| November 18, 2008 | The court rules that it has jurisdiction over the case. |
| January 4, 2010 | Serbia files a counter-memorial against Croatia. |
| December 20, 2010 | Croatia's submits its reply to the Serbian counter-memorial on the day of the deadline to do so. |
| November 4, 2011 | Serbia submits its rejoinder on the day of the deadline to do so. |
| Early 2013 | Expected start of the hearing of the case. |
See also
- Croatian War of IndependenceCroatian War of IndependenceThe Croatian War of Independence was fought from 1991 to 1995 between forces loyal to the government of Croatia—which had declared independence from the Socialist Federal Republic of Yugoslavia —and the Serb-controlled Yugoslav People's Army and local Serb forces, with the JNA ending its combat...
- International Court of JusticeInternational Court of JusticeThe International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
- Bosnian Genocide Case
- Serbian war crimes in the Yugoslav Wars
- Index of Serbs of Croatia-related articles