UPDATED ON:
Tuesday, November 18, 2008
17:20 Mecca time, 14:20 GMT
 
News Europe
UN to hear Serbia 'genocide' claim
Serbia stands accused of ethnic cleansing committed during the regional conflict of the early 1990s [AFP]

The United Nations highest court will hear a genocide claim lodged against Serbia by neighbouring Croatia for alleged ethnic cleansing committed during the conflict in the region in the early 1990s.

A panel of 17 judges dismissed a Serbian challenge to the jurisdiction of the International Court of Justice (ICJ) in hearing Croatia's complaint, a date for which will now be set.

"The court... by 10 votes to seven finds that... the court has the jurisdiction to entertain the application by the Republic of Croatia," said Rosalyn Higgins, the presiding judge in The Hague.

Tuesday's ruling paves the way for only the second genocide case to be brought before the ICJ, Serbia also having been the subject of a previous claim filed by Bosnia.

Croatia lodged a genocide complaint against Serbia at the ICJ in 1999, claiming it had committed "a form of genocide which resulted in large numbers of Croatian citizens being displaced, killed, tortured, or illegally detained as well as extensive property destruction".

But Serbia argued before the court in May that it had no jurisdiction to hear the case over alleged crimes committed during the 1991-95 Croatian war that claimed about 20,000 lives.

Belgrade contended that the Federal Republic of Yugoslavia, the name by which the federated state was formerly known, had not been a member of the UN nor a party to its convention on the prevention of genocide on the date Croatia's complaint was filed.

It also said that the majority of the crimes outlined in the complaint were committed before the formation of the current republic.

Croatia's core complaint could not be heard before a decision had been made on Serbia's objection to the court's jurisdiction.

Reparation claims

Last year, the ICJ cleared Belgrade of genocide in Bosnia during the break-up of the former Yugoslav federation.

It judged the 1995 massacre of thousands of men and boys at Srebrenica in Bosnia to have been an act of genocide, without attributing direct responsibility to Serbia.

In its application, Croatia claimed that Serbia continued to violate the genocide convention by "failing to punish those responsible, by not revealing information on missing persons, and by not returning cultural property taken from Croatia during its occupation".

On top of punishment for those responsible, Croatia is seeking reparations and an order for the recovery of cultural treasures it claims were pillaged during the war.

The charges against Belgrade would have been strengthened in both cases by a judgment against Slobodan Milosevic, the former Serbian president, but he died in March 2006 before the conclusion of his war crimes trial.

Ivan Simonovic, the leading Croatian lawyer on the case, said he was "very satisfied" with the court's judgment, which he expected to add to pressure on Serbia to speed up its processes of bringing war criminals to book, finding missing persons, and returning cultural treasures.

"We are not launching these proceedings to live in the past but to build healthy foundations for the sustainable future of the region," he said.

A hearing of the case should also bring to light information lost with Milosevic's death, said Simonovic.

He expected the case to be heard in three years' time.

 Source: Agencies
Feedback Number of comments : 3
 
Mitar
Serbia and Montenegro
19/11/2008
Real genocid
If there were 250 000 Serbs in Croatia before the conflict and now there are not there at all, who committed the genocide? It is the main purpose of Croatia gov. To blur their responsibility by blaming the other side. Just like when on market someone scream: " Catch the thief " and distract the people from the real bad guy.

Dylan
Canada
19/11/2008
International Court of "Justice"
Mitar is right, the real genocide was against the Serbs. The International Court of "Justice" won't investigate those killings though, its purpose is to demonize the Serbs not to find justice.

Iva
Bosnia and Herzegovina
20/11/2008
if it makes you sleep better at night...
then yes, it is all part of a grand scheme to demonize the serbs. i am not saying that the croatian government did not chase away the serbs from croatia in 1995. yes it did and that was a war crime. but the serbs committed a brutal agression and attacked an independent country. they committed the most terrible crimes in bosnia too. everyone committed crimes, but the serbs committed most of them. the level of planning and the number of victims cannot be compared. just ask the bosnian muslims.

 
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