ICJ Takes Croatia's Genocide Case Against Serbia

On Tuesday, the International Court of Justice (ICJ) ruled that it has jurisdiction to hear a case brought by Croatia accusing Serbia of genocide during the Croatian 1991-1995 independence war. (Download croatias_case.pdf). Croatia claims that Serbia engaged in “a form of genocide which resulted in a large number of Croatian citizens being displaced, killed, tortured or illegally detained as well as extensive property destruction” during the war.  It is estimated that 20,000 people were killed during the 4-year period. Serbia objected to Croatia’s claim on the grounds that when Croatia filed is application in 1999, Serbia (then the Federal Republic of Yugoslavia) was neither a UN member or party to Article IX of the Convention on the Prevention and Punishment of the Crime of Genocide of 1948, the treaty upon with ICJ based its jurisdiction.

On Wednesday, Serbia's foreign minister announced that Serbia will bring a countersuit in the ICJ for war crimes allegedly committed against Serbs in Croatia during the 1995 Operation Storm. It is alleged that more than 250,000 ethnic Serbs were displaced from Croatia in Operation Storm.

Trial is not expected to begin before 2010, though some speculate that the countries may reach a settlement before then.

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