ICJ "likely to throw out both genocide lawsuits"

A Serbian international law professor says the International Court of Justice (ICJ) will likely dismiss Croatia's genocide lawsuit and Serbia's counter-suit.

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  1. It is interesting to see how desperately Croatians cling to the verdict of this absolutely biased court. It makes it obvious that they know theyre wrong.
    (Simot, 24 November 2012 13:09)

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  2. If the ICJ was independent, it would probably drop Croatia's claim against Serbia and uphold Serbia's genocide claim against Croatia. I mean, Croatia ethnically cleansed practically all Serbs from its borders. Serbia on the other hand was relatively war free during that period. Sure it offered support to the Krajina Serbs but not more than the US would to its proxies (Croatia included).
    (Zoran, 23 November 2012 13:50)

    Dear, before the ICJ could hold Croatia responsible for genocide, there must first be:

    1. A conviction an individual for genocide; and
    2. Evidence that that individual was an agent of the Croatian state

    Do you have any case of (1) ?! If not, the lawsuits at the ICJ are moot as there is no act to build upon the state responsibility for genocide. And (1) can't be decided by the ICJ, because the ICJ is not a criminal court that tries individuals.

    So the above has nothing to do with the dependence or independence of ICJ
    (icj1, 23 November 2012 16:07)

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  3. > What about WW2 ?

    The International Court of Justice (ICJ) was established in 1945, AFTER World War II, as the highest judicial organ of the newly-formed United Nations. The ICJ has no authority to issue judgements about anything that happened before the court came into being.

    Also, the ICJ is not a war crimes court. Its job is to rule on whether states have violated the terms of international treaties. The Genocide Convention was adopted by the United Nations General Assembly on 9 December 1948. The Convention entered into force on 12 January 1951. Like most international agreements, the Genocide Convention is not retroactive. Genocide has been committed at various times throughout history, but the treaty only concerns the responsibility of states for genocides that were committed after 1951.
    (Observer, 23 November 2012 14:57)

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  4. What about WW2. Surely Croatia should answer for it's crimes from that time.
    (Jeff, 23 November 2012 11:24)
    --
    We all know that Croatia committed genocide twice in the 20th century but as it turns out, it was generally ignored by Tito for the sake of his Yugoslavia and now it is being ignored for the sake of Germany's EU and the USA's NATO.

    If the ICJ was independent, it would probably drop Croatia's claim against Serbia and uphold Serbia's genocide claim against Croatia. I mean, Croatia ethnically cleansed practically all Serbs from its borders. Serbia on the other hand was relatively war free during that period. Sure it offered support to the Krajina Serbs but not more than the US would to its proxies (Croatia included).
    (Zoran, 23 November 2012 13:50)

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  5. Haitian-where do you get your numbers from. They are wrong, false and misleading. Typical of a silly propagandist. Civilian casualties were broadly in line with populations in Bosnia and in Kosovo far more Serb civilian casualties than Albanian.
    (Wally, 23 November 2012 11:23)

    The figures for civilian deaths in the Bosnia war are from the UN team for missing persons and the Research and Documentation Center Sarajevo. They are an update from the ICTY's figures in the late 90s and are considered more accurate. And yes Milosevic and co had completely different figures, which aren't deem reliable.

    Military deaths in Bosnia were along the lines of populations in Bosnia.

    In the Kosova War in Kosova itself, Serb civilian deaths are in the hundreds compared to an estimated 13,000 Kosova Albanian civilian deaths (200 of which were caused by NATO bombings). A further 488-527 Serbs were killed by NATO bombings. Again Milosevic and co had very different figures, and again they are not considered reliable.
    (Haitian, 23 November 2012 13:01)

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  6. What about WW2. Surely Croatia should answer for it's crimes from that time.
    (Jeff, 23 November 2012 11:24)

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  7. Haitian-where do you get your numbers from. They are wrong, false and misleading. Typical of a silly propagandist. Civilian casualties were broadly in line with populations in Bosnia and in Kosovo far more Serb civilian casualties than Albanian.
    (Wally, 23 November 2012 11:23)

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  8. Can someone explain how is killing of few thousand MAN in Srebrenica genocide, but killing of few thousand man, woman and children is not? Both military operations lasted few days and had similar result, although crime in Croatia was much worse, since all houses were burned, and as i said it involved elimination of whole etnic group in one country, not in one town, like in Srebrenica.
    (Nikola, 22 November 2012 22:18)

    Srebrenica was just a single event in the Genocide of Bosniaks and it was the biggest single massacre on European soil post WW2. There were many other massacres of Bosniaks and mass removals of them from what is now the RS. Then there was the attempt to rid Sarajevo of Bosniaks through siege (the longest siege in modern history), to make Sarajevo the ethnically Serb capital of Bosnian Serbs, which the RS constitution today still defines as it's legitimate capital and that Banja Luka is only the de facto capital of the RS.

    In the Bosnia War, out of the all Civilians killed, Bosniaks accounted for 84.4% with 33,000 civilian deaths. Serbs accounted for 10.2% with 4,000 civilian deaths and Croats accounted for 5.4% with 2,100 civilian deaths. The vast majority of Bosniak civlian deaths happened int he siege of Sarajavo and in massacres in Eastern Bosnia, now apart of the RS.
    (Haitian, 23 November 2012 09:58)

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  9. Let's see if I am reading this correctly. A Serb has to be accused of genocide before a Croatian can be?
    What if a Serb did not commit genocide but a Croatian did or attemp to?
    These two scumbag generals ethnically cleansed a part of Croatia from Serbs and just because that didn't happen in reverse Serbia has no case?
    What exactly is being said here?
    (Peggy, 22 November 2012 23:20)

    You got it wrong, dear. All he is saying is that the ICTY has found no individuals (Croats or Serbs) guilty of genocide in Croatia and, therefore, since nobody has committed genocide there then it is possible that both lawsuits will be thrown out by the ICJ.

    In order for the ICJ to continue the case there must first be at least one individual (Croat or Serb) convicted of genocide committed in Croatia.
    (icj1, 23 November 2012 03:57)

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  10. Can someone explain how is killing of few thousand MAN in Srebrenica genocide, but killing of few thousand man, woman and children is not?
    ===…==
    Simple, Serbs are not counted as people by some, therefore it's like killing cattle and no genocide committed.
    Some lives are worth more than others according to the greatest democracy on earth, The United States of America.
    Disgusting isn't it?
    (Peggy, 23 November 2012 00:34)

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  11. "Can someone explain how is killing of few thousand MAN in Srebrenica genocide, but killing of few thousand man, woman and children is not? ...

    (Nikola, 22 November 2012 22:18)"

    From the UN High Commission for Refugees [link]:

    "The offensive [Operation Storm], which lasted a mere thirty-six hours, resulted in the death of an estimated 526 Serbs, 116 of whom were reportedly civilians, and in the displacement of an estimated 200,000 who fled in the immediate aftermath. ... In the months following the August offensive, at least 150 Serb civilians were summarily executed and another 110 persons forcibly disappeared."
    (Amer, 22 November 2012 23:54)

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  12. Both decisions were lower than that of the bar that has been raised very high, and at the same time, there is no Serb convicted or even accused of genocide," said Varadi, who therefore believes that the court will rejected both lawsuits.
    ===…==
    Let's see if I am reading this correctly. A Serb has to be accused of genocide before a Croatian can be?
    What if a Serb did not commit genocide but a Croatian did or attemp to?
    These two scumbag generals ethnically cleansed a part of Croatia from Serbs and just because that didn't happen in reverse Serbia has no case?
    What exactly is being said here?
    (Peggy, 22 November 2012 23:20)

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  13. Actually, Milosevic was charged with genocide in Bosnia, Croatia and Kosovo but of course he died whilst on trial so it was never proven.
    (Felix, 22 November 2012 22:55)

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  14. Can someone explain how is killing of few thousand MAN in Srebrenica genocide, but killing of few thousand man, woman and children is not? Both military operations lasted few days and had similar result, although crime in Croatia was much worse, since all houses were burned, and as i said it involved elimination of whole etnic group in one country, not in one town, like in Srebrenica.
    (Nikola, 22 November 2012 22:18)

    # Comment link

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