INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
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Website: www.icj-cij.org
Press Release
Unofficial
No. 2002/34
19 November 2002
Application of the Convention on the Prevention and Punishment
of the Crime of Genocide (Croatia v. Yugoslavia)
Fixing of the time-limit for the filing by Croatia of its observations and submissions
on the preliminary objections raised by Yugoslavia
THE HAGUE, 19 November 2002. The Inte rnational Court of Justice (ICJ) fixed
29April2003 as the time-limit within which Croatia may present a written statement of its
observations and submissions on the preliminary objections raised by Yugoslavia in the case
concerning Application of the Convention on the Prevention and Punishment of the Crime of
Genocide (Croatia v. Yugoslavia). The subsequent procedure was reserved for further decision.
On 11September2002, Yugoslavia had file d certain preliminary objections to the
jurisdiction of the Court and to admissibility. Pursuant to Article 79 of the Rules of Court, the
proceedings on the merits were then suspended.
At a meeting held by the President of the Court with the representatives of the Parties on
6 November 2002, Croatia, referring to the current proceedings in the case concerning Application
for Revision of the Judgment of 11July1996 in the Case concerning Application of the
Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and
Herzegovina v. Yugoslavia), Preliminary Objections (Yugoslavia v. Bosnia and Herzegovina) ,
asked to be allowed until the end of April2003 to file its written statement. Yugoslavia did not
object to that request being accepted by the Court.
History of the proceedings
On 2 July 1999 the Republic of Croatia ins tituted proceedings before the Court against the
Federal Republic of Yugoslavia (FRY) for violations of the 1948 Convention on the Prevention and
Punishment of the Crime of Genocide alleged to have been committed between 1991 and 1995.
In its Application, Croatia contends that “by directly controlling the activity of its armed
forces, intelligence agents, and various paramilitary de tachments, on the territory of . . . Croatia, in
the Knin region, eastern and western Slavonia, and Dalmatia, the Federal Republic of Yugoslavia is
liable for the ‘ethnic cleansing’ of Croatian citizens from these areas... as well as extensive
property destruction ⎯ and is required to provide reparati on 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 in1995, as... Croatia reasserted its legitimate
governmental authority . . . the Federal Republic of Yugoslavia engaged in conduct amounting to a
second round of ‘ethnic cleansing’”. - 2 -
According to Croatia, “the aggression wa ged by the Federal Republic of Yugoslavia”
resulted in 20,000 dead, 55,000 injured and over 3,000 individuals still unaccounted for.
Furthermore, 10 per cent of the country’s housing capacity is alleged to have been destroyed, while
cultural monuments, historical sites and Croatian catholic churches were also destroyed or
damaged. Croatia further claims that a great nu mber of explosive devices of various kinds were
planted in Croatia, currently rendering some 300, 000 hectares of arable land unusable, and that
around 25per 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 Genocide Convention 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 a sum to be determined by the Court”.
As a basis for the jurisdiction of the Cour t, Croatia invokes ArticleIX of the Genocide
Convention, to which, it states, both Croatia and Yu goslavia 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.
By an Order of 14September1999, the Court had initially fixed 14March and
14September2000 as the time-limits for the filing of a Memorial by Croatia and a
Counter-Memorial by Yugoslavia. By an Orde r of 10March2000, these time-limits had been
respectively extended to 14 September 2000 and 14 September 2001. By an Order of 27 June 2000
the Court again extended the time-limits for the above-mentioned written pleadings, respectively to
14 March 2001 and to 16 September 2002.
The Memorial of Croatia was filed within the time-limit thus extended. On
11 September 2002, within the time-limit fixed fo r the filing of its Count er-Memorial, Yugoslavia
filed certain preliminary objections to jurisdiction and admissibility.
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The full text of the Order will shortly be av ailable on the Court’s website at the following
address: http://www.icj-cij.org
_____________
Information Department:
Mr. Arthur Witteveen, First Secretary (+ 31 (0)70 302 23 36)
Mrs. Laurence Blairon and Mr. Boris Heim, Information Officers (+ 31 (0)70 302 23 37)
E-mail address: [email protected]
Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia and Montenegro) - Fixing of the time-limit for the filing by Croatia of its observations and submissions on the preliminary objections raised by Yugoslavia