5

Thursday, 20.11.2008.

13:18

"Genocide suit won’t return national pride"

Serbia’s counter-suit against Croatia cannot salvage national pride, but could help return some self-esteem, says foreign policy expert Ljubodrag Stojadinović.

Izvor: B92

"Genocide suit won’t return national pride" IMAGE SOURCE
IMAGE DESCRIPTION

5 Komentari

Sortiraj po:

Peggy

pre 15 godina

Nice speech Jovan R. Now do tell us what was Serbia supposed to do after Croatia filed a law suit?

According to you they should've just shrugged it off in the spirit of good neighbourly intentions and let the Croats have a field day with them.

Don't forget, it was not Serbia who filed the law suit first. Serbia turning the other cheek was more than happy to settle this matter in a way which would not make matters worse between the countries. Serbia was not after suing Croatia for the crimes it committed against the Serbian population of Croatia. So if you want to lecture anyone on how to get along, please lecture Croatia on it.

What is the point coming onto a Serbia site and saying you both should behave better? When attacked you have to defend yourself. So please go onto a Croatian site and give them your moral lecture of how to get along.

Jovan R.

pre 15 godina

Serbia's proposed lawsuit before the World Court (ICJ) is not about the NDH or about events in World War II. Nor could it be.

The ICJ was established following the end of the Second World War, by the newly-formed United Nations, as a court to settle disputes between UN member states. The ICJ is not a criminal court and cannot rule on State responsibility for war crimes. But it is empowered to rule on states accused of violating certain treaties and international conventions, in particular the 1948 Genocide Convention.

The atrocities during World War II, which ended in 1945, are outside of the Court's jurisdiction. At the time of Jasenovac, there was as yet no ICJ; the UN had not yet been established and there were no UN member states (in the Balkans or anywhere else); the Convention on the Prevention and Punishment and Prevention of the Crime of Genocide had not yet been enacted.

The newly independent Republic of Croatia became a member state of the United Nations on 22 May 1992. It can be sued at the ICJ only for acts that occurred after that date. It cannot be taken to court for events that took place six decades earlier.

And keep in mind that the ICJ has no power to issue judgements over war crimes (that is up to the ICTY). But the ICJ does have the power to rule on violations of the Genocide Convention -- as the Court did in its judgement in the Bosnia case, in which the ICJ ruled that genocide had in fact been committed in BiH at Srebrenica, and that Serbia was in violation of the Genocide Convention for having failed to prevent or punish that genocide when it had the means to do so.

Keep in mind also that genocide is a crime that is very difficult to prove in court. Serbia's lawyers will have an uphill fight making their case at the ICJ -- as will Croatia's.

It's always hard to predict how a court will rule in the end. But my guess is that of these two ICJ cases -- the one filed by Croatia and the one about to be filed by Serbia -- neither is likely to succeed.

As others have found out, filing lawsuits is not always the most effective salve for wounded national pride.

It's better to do something positive that one can be proud of.

Matthew

pre 15 godina

“both Serbia and Croatia to put a stop to their “quarrels, fights, and the playing with the number of victims”.

I think a lawsuit is a good thing, we need to know the truth of what happened on both sides to come out in public in order for reconciliation to happen. Had this happened after WWII, the wars of the 90’s would not have been so easy to start.

Dragan

pre 15 godina

This has nothing to do with pride, it has to do with justice and truth. It should have been done 60 years ago, but better late than never. It is time for Croatia to pay for their genocide, and for the world and EU to know who their beloved Croats are, and what barbaric crimes they have committed twice in the last century.
The world needs to know the truth, and needs to know who are the people that the Clinton administration armed and supported. Great shame will be brought upon all of them, but such shameless people will just shrug it off and carry on with their daily lives. No morals, no guilt.

Dragan

pre 15 godina

This has nothing to do with pride, it has to do with justice and truth. It should have been done 60 years ago, but better late than never. It is time for Croatia to pay for their genocide, and for the world and EU to know who their beloved Croats are, and what barbaric crimes they have committed twice in the last century.
The world needs to know the truth, and needs to know who are the people that the Clinton administration armed and supported. Great shame will be brought upon all of them, but such shameless people will just shrug it off and carry on with their daily lives. No morals, no guilt.

Matthew

pre 15 godina

“both Serbia and Croatia to put a stop to their “quarrels, fights, and the playing with the number of victims”.

I think a lawsuit is a good thing, we need to know the truth of what happened on both sides to come out in public in order for reconciliation to happen. Had this happened after WWII, the wars of the 90’s would not have been so easy to start.

Jovan R.

pre 15 godina

Serbia's proposed lawsuit before the World Court (ICJ) is not about the NDH or about events in World War II. Nor could it be.

The ICJ was established following the end of the Second World War, by the newly-formed United Nations, as a court to settle disputes between UN member states. The ICJ is not a criminal court and cannot rule on State responsibility for war crimes. But it is empowered to rule on states accused of violating certain treaties and international conventions, in particular the 1948 Genocide Convention.

The atrocities during World War II, which ended in 1945, are outside of the Court's jurisdiction. At the time of Jasenovac, there was as yet no ICJ; the UN had not yet been established and there were no UN member states (in the Balkans or anywhere else); the Convention on the Prevention and Punishment and Prevention of the Crime of Genocide had not yet been enacted.

The newly independent Republic of Croatia became a member state of the United Nations on 22 May 1992. It can be sued at the ICJ only for acts that occurred after that date. It cannot be taken to court for events that took place six decades earlier.

And keep in mind that the ICJ has no power to issue judgements over war crimes (that is up to the ICTY). But the ICJ does have the power to rule on violations of the Genocide Convention -- as the Court did in its judgement in the Bosnia case, in which the ICJ ruled that genocide had in fact been committed in BiH at Srebrenica, and that Serbia was in violation of the Genocide Convention for having failed to prevent or punish that genocide when it had the means to do so.

Keep in mind also that genocide is a crime that is very difficult to prove in court. Serbia's lawyers will have an uphill fight making their case at the ICJ -- as will Croatia's.

It's always hard to predict how a court will rule in the end. But my guess is that of these two ICJ cases -- the one filed by Croatia and the one about to be filed by Serbia -- neither is likely to succeed.

As others have found out, filing lawsuits is not always the most effective salve for wounded national pride.

It's better to do something positive that one can be proud of.

Peggy

pre 15 godina

Nice speech Jovan R. Now do tell us what was Serbia supposed to do after Croatia filed a law suit?

According to you they should've just shrugged it off in the spirit of good neighbourly intentions and let the Croats have a field day with them.

Don't forget, it was not Serbia who filed the law suit first. Serbia turning the other cheek was more than happy to settle this matter in a way which would not make matters worse between the countries. Serbia was not after suing Croatia for the crimes it committed against the Serbian population of Croatia. So if you want to lecture anyone on how to get along, please lecture Croatia on it.

What is the point coming onto a Serbia site and saying you both should behave better? When attacked you have to defend yourself. So please go onto a Croatian site and give them your moral lecture of how to get along.

Dragan

pre 15 godina

This has nothing to do with pride, it has to do with justice and truth. It should have been done 60 years ago, but better late than never. It is time for Croatia to pay for their genocide, and for the world and EU to know who their beloved Croats are, and what barbaric crimes they have committed twice in the last century.
The world needs to know the truth, and needs to know who are the people that the Clinton administration armed and supported. Great shame will be brought upon all of them, but such shameless people will just shrug it off and carry on with their daily lives. No morals, no guilt.

Matthew

pre 15 godina

“both Serbia and Croatia to put a stop to their “quarrels, fights, and the playing with the number of victims”.

I think a lawsuit is a good thing, we need to know the truth of what happened on both sides to come out in public in order for reconciliation to happen. Had this happened after WWII, the wars of the 90’s would not have been so easy to start.

Jovan R.

pre 15 godina

Serbia's proposed lawsuit before the World Court (ICJ) is not about the NDH or about events in World War II. Nor could it be.

The ICJ was established following the end of the Second World War, by the newly-formed United Nations, as a court to settle disputes between UN member states. The ICJ is not a criminal court and cannot rule on State responsibility for war crimes. But it is empowered to rule on states accused of violating certain treaties and international conventions, in particular the 1948 Genocide Convention.

The atrocities during World War II, which ended in 1945, are outside of the Court's jurisdiction. At the time of Jasenovac, there was as yet no ICJ; the UN had not yet been established and there were no UN member states (in the Balkans or anywhere else); the Convention on the Prevention and Punishment and Prevention of the Crime of Genocide had not yet been enacted.

The newly independent Republic of Croatia became a member state of the United Nations on 22 May 1992. It can be sued at the ICJ only for acts that occurred after that date. It cannot be taken to court for events that took place six decades earlier.

And keep in mind that the ICJ has no power to issue judgements over war crimes (that is up to the ICTY). But the ICJ does have the power to rule on violations of the Genocide Convention -- as the Court did in its judgement in the Bosnia case, in which the ICJ ruled that genocide had in fact been committed in BiH at Srebrenica, and that Serbia was in violation of the Genocide Convention for having failed to prevent or punish that genocide when it had the means to do so.

Keep in mind also that genocide is a crime that is very difficult to prove in court. Serbia's lawyers will have an uphill fight making their case at the ICJ -- as will Croatia's.

It's always hard to predict how a court will rule in the end. But my guess is that of these two ICJ cases -- the one filed by Croatia and the one about to be filed by Serbia -- neither is likely to succeed.

As others have found out, filing lawsuits is not always the most effective salve for wounded national pride.

It's better to do something positive that one can be proud of.

Peggy

pre 15 godina

Nice speech Jovan R. Now do tell us what was Serbia supposed to do after Croatia filed a law suit?

According to you they should've just shrugged it off in the spirit of good neighbourly intentions and let the Croats have a field day with them.

Don't forget, it was not Serbia who filed the law suit first. Serbia turning the other cheek was more than happy to settle this matter in a way which would not make matters worse between the countries. Serbia was not after suing Croatia for the crimes it committed against the Serbian population of Croatia. So if you want to lecture anyone on how to get along, please lecture Croatia on it.

What is the point coming onto a Serbia site and saying you both should behave better? When attacked you have to defend yourself. So please go onto a Croatian site and give them your moral lecture of how to get along.