"Serbia and Croatia before ICJ in March 2014"

The only thing that qualifies as genocide in this matter is the NDH in the 1940s. The 1990s are political posturing on both sides.

The International Court of Justice (ICJ) is not a criminal court. It does not try crimes; it only exists to resolve disputes between states. Many of these disputes involve (alleged) violations of international treaty obligations. In this case, the treaty being invoked by both parties is the Convention on the Prevention and Punishment of the Crime of Genocide.

But international treaties are not retroactive, and the ICJ does not have retroactive jurisdiction. The crimes of the so-called NDH were committed during the Second World War.

The ICJ was established by the UN in 1945, after the end of the Second World War, and began functioning in 1946. The Genocide Convention came into effect only after 1950. And the Republic of Croatia came into existence only in 1991.

As experts such as Prof. Tibor Varady have already noted, the decision to include the crimes of the NDH in the case brought by Serbia before the ICJ makes no sense in international law. It is only a political gesture and will be ignored by the ICJ, because it concerns matters outside of its jurisdiction. The crimes of the NDH regime were real and terrible, but the ICJ is not the correct forum for dealing with them.

This charade is still going on? Its obvious the EU won't allow either side to be found "guilty" of these charges. They'd rather bury the truth a hundred times over rather than risk "European peace and stability".

The only thing that qualifies as genocide in this matter is the NDH in the 1940s. The 1990s are political posturing on both sides.
(Balkan Anthropologist, 14 November 2013 15:24)

Well one of the legal experts hired by Serbia to fight their corner in the ICJ, is William Schabas who says in his book 'Genocide in International Law: The Crimes of Crimes' that "the only true genocides in recent history, were the Armenian Genocide, the Jewish and Gypsy Holocaust, and the Rwandan Genocide".

Well one of the legal experts hired by Serbia to fight their corner in the ICJ, is William Schabas who says in his book 'Genocide in International Law: The Crimes of Crimes' that "the only true genocides in recent history, were the Armenian Genocide, the Jewish and Gypsy Holocaust, and the Rwandan Genocide".
(Ian, UK, 14 November 2013 20:43)

Then Serbia needs a new lawyer, or at least better legal expertise. Interesting though how he leaves out the NDH AND Srebrenica.

Pathetic that the genocide of the 1940s was brushed aside, but only because it was instigated by the Croatian (Ustasha) Nazis. The Germans have long ago owned up to the dirty deeds of German Nazis, but not the Croatian Nazis. What makes them so precious, in the West?

"The charges against Croatia also state the war crimes against the Serbs were committed by the Croatian fascists in the Independent State of Croatia (NDH) during the Second World War."

Ha, ha, ha... Is there lawyers who represent Serbia at the ICJ or some people who's only "legal" education is reading serbianna.com ?!

Acts which would today be defined as genocide and war crimes have been committed for thousands of years by all countries. Unfortunately the world has not always been that civilized. So, whom did Serbs exterminate when they came to settle in the Balkans in the 6th century? Or Serbs were Angels in those dark ages :)

"Well one of the legal experts hired by Serbia to fight their corner in the ICJ, is William Schabas who says in his book 'Genocide in International Law: The Crimes of Crimes' that "the only true genocides in recent history, were the Armenian Genocide, the Jewish and Gypsy Holocaust, and the Rwandan Genocide"."

Yes, and the NDH genocide would fall fairly and squarely under "the Jewish and Gypsy Holocaust." But nice wikipedia skills anyway.

The only thing that qualifies as genocide in this matter is the NDH in the 1940s. The 1990s are political posturing on both sides.

This charade is still going on? Its obvious the EU won't allow either side to be found "guilty" of these charges. They'd rather bury the truth a hundred times over rather than risk "European peace and stability".

Pathetic that the genocide of the 1940s was brushed aside, but only because it was instigated by the Croatian (Ustasha) Nazis. The Germans have long ago owned up to the dirty deeds of German Nazis, but not the Croatian Nazis. What makes them so precious, in the West?

"Well one of the legal experts hired by Serbia to fight their corner in the ICJ, is William Schabas who says in his book 'Genocide in International Law: The Crimes of Crimes' that "the only true genocides in recent history, were the Armenian Genocide, the Jewish and Gypsy Holocaust, and the Rwandan Genocide"."

Yes, and the NDH genocide would fall fairly and squarely under "the Jewish and Gypsy Holocaust." But nice wikipedia skills anyway.

"The charges against Croatia also state the war crimes against the Serbs were committed by the Croatian fascists in the Independent State of Croatia (NDH) during the Second World War."

Ha, ha, ha... Is there lawyers who represent Serbia at the ICJ or some people who's only "legal" education is reading serbianna.com ?!

Acts which would today be defined as genocide and war crimes have been committed for thousands of years by all countries. Unfortunately the world has not always been that civilized. So, whom did Serbs exterminate when they came to settle in the Balkans in the 6th century? Or Serbs were Angels in those dark ages :)

Well one of the legal experts hired by Serbia to fight their corner in the ICJ, is William Schabas who says in his book 'Genocide in International Law: The Crimes of Crimes' that "the only true genocides in recent history, were the Armenian Genocide, the Jewish and Gypsy Holocaust, and the Rwandan Genocide".
(Ian, UK, 14 November 2013 20:43)

Then Serbia needs a new lawyer, or at least better legal expertise. Interesting though how he leaves out the NDH AND Srebrenica.

The International Court of Justice (ICJ) is not a criminal court. It does not try crimes; it only exists to resolve disputes between states. Many of these disputes involve (alleged) violations of international treaty obligations. In this case, the treaty being invoked by both parties is the Convention on the Prevention and Punishment of the Crime of Genocide.

But international treaties are not retroactive, and the ICJ does not have retroactive jurisdiction. The crimes of the so-called NDH were committed during the Second World War.

The ICJ was established by the UN in 1945, after the end of the Second World War, and began functioning in 1946. The Genocide Convention came into effect only after 1950. And the Republic of Croatia came into existence only in 1991.

As experts such as Prof. Tibor Varady have already noted, the decision to include the crimes of the NDH in the case brought by Serbia before the ICJ makes no sense in international law. It is only a political gesture and will be ignored by the ICJ, because it concerns matters outside of its jurisdiction. The crimes of the NDH regime were real and terrible, but the ICJ is not the correct forum for dealing with them.

The only thing that qualifies as genocide in this matter is the NDH in the 1940s. The 1990s are political posturing on both sides.
(Balkan Anthropologist, 14 November 2013 15:24)

Well one of the legal experts hired by Serbia to fight their corner in the ICJ, is William Schabas who says in his book 'Genocide in International Law: The Crimes of Crimes' that "the only true genocides in recent history, were the Armenian Genocide, the Jewish and Gypsy Holocaust, and the Rwandan Genocide".