INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
Website: www.icj-cij.org
Press Release
Unofficial
No. 99/41
16 September 1999
Application of the Convention on the Prevention
and Punishment of the Crime of Genocide (Croatiav. Yugoslavia)
The Court fixes time-limits for the filing of written pleadings
THE HAGUE, 16 September 1999. The Interna tional Court of Justice (ICJ) has fixed
time-limits for the filing of wn pleadings in the case concerningApplication of the Convention on
the Prevention and Punishment of the Crime of Genocide (Croatiav. Yugoslavia).
In an Order dated 14 September 1999, the Court fixed 14 March 2000 as the time-limit for the
filing of a Memorial by Croatia and 14 Sept ember 2000 as the time-limit for the filing of
a Counter-Memorial by Yugoslavia.
The Court fixed those time-limits taking account of the agreement of the Parties, as expressed
at a meeting held with them by the President of the Court, Judge Schwebel, on 13 September 1999.
The subsequent procedure has beenreserved for further decision.
The Rules of Court provide that, in a case unilaterally brought by one State against another
State (by means of an application), a Memorial is filed by the Applicant (Croatia in this case) to
which the Respondent (Yugoslavia)files a Counter-Memorial. The Court may authorize the filing of
additional written pleadings. Upon the closure of th e written phase, public hearings are organized.
The Court then delivers a Judgment.
Background information
On 2 July 1999 the Republic of Croatia institu ted proceedings before the Court against the
Federal Republic of Yugoslavia for violations of the 1948 Convention on the Prevention and
Punishment of the Crime of Genocide alleged tohave been committed between 1991 and 1995.
In its Application, Croatia contends that “by directly controlling the activity of its armed
forces, intelligence agents, and vari ous paramilitary detachments, on the territory of . . . Croatia,
inthe Knin region, eastern and western Slavonia, and Dalmatia, [Y ugoslavia] is liable [for] the
‘ethnic cleansing’ of Croatian citizens from these areas... as well as extensive property
destruction—and is requi red to provide reparation for the resulting damage”. Croatia goes on to
state that “in addition, by directing, encouraging, and urging Croatian citizens of Serb ethnicity in the
Knin region to evacuate the area in 1995, as.. . Croatia reasserted its legitimate governmental
authority . . . [Yugoslavia] engaged in conductounting to a second roundof ‘ethnic cleansing’”. - 2 -
According to Croatia, “the aggression wa ged by [Yugoslavia]” resulted in 20,000dead,
55,000injured and over 3,000 individuals still unaccounted for. Of this number, 1,700 were killed
and more than 4,000 injured in Vukovar alone. Fu rthermore, 10per cent of the country’s housing
capacity is alleged to have been destroyed, w ith 590towns and villages having suffered damage
(including 35 razed to the ground), while 1,821 cultural monuments, 323historical sites and
450Croatian catholic churches were also destroyed or damaged. Cr oatia further claims that some
3million explosive devices of vari ous kinds were planted in Croati a, mostly anti-personnel and
anti-tank devices,currently rendering some 300,000 hectaresof arable land unusable, and that around
25 per cent of its total economic capacity, including major facilities such as the Adriatic pipeline, was
damaged or destroyed.
Accordingly, Croatia requests the Court to adjudge and declare that Yugoslavia “has breached
its legal obligations” to Croatia under the GenocideConvention and that it “has an obligation to pay
to... Croatia, in its own right and as parens patriae for its citizens, reparations for damages to
persons and property, as well as to the Croatian economy and environment caused by the foregoing
violations of international law in asum to be determined by the Court”.
As a basis for the jurisdiction of the Court, Croatia invokes Article IX of the Genocide
Convention to which both Croatia and Yugoslavia are parties. That Article provides that disputes
between contracting parties relating to the interpretation, application or fulfilment of the Convention
shall be submitted to the International Court of Justice.
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The full text of the Order will shortly be available on the Court’s website at the following
address: http://www.icj-cij.org
___________
Information Department:
Mr. Arthur Witteveen, First Secretaryof the Court (tel: + 31 (0)70 302 2336)
Mrs. Laurence Blairon, Information Officer (tel: + 31 (0)70 302 2337)
E-mail address: [email protected]
Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia and Montenegro) - The Court fixes time-limits for the filing of written pleadings