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. 2008/7
10 April 2008
Application of the Convention on the Prevention and Punishment of the
Crime of Genocide (Croatia v. Serbia and Montenegro)
Preliminary Objections
Schedule of the public hearings to be held from 26 to 30 May 2008
THE HAGUE, 10 April 2008. The International Court of Justice (ICJ), principal judicial
organ of the United Nations, will hold public hear ings in the case concerning Application of the
Convention on the Prevention and Punishme nt of the Crime of Genocide (Croatia v. Serbia and
Montenegro) from Monday 26 to Friday 30 May 2008, at the Peace Palace in The Hague, seat of
the Court.
The hearings will concern solely the preliminary objections to jurisdiction and admissibility
raised by Serbia and Montenegro.
Schedule for the hearings
⎯ First round of oral argument
Monday 26 May 2008 10 a.m. - 1 p.m. and 3 p.m. - 4.30 p.m.: Serbia and Montenegro
Tuesday 27 May 2008 4.30 p.m. - 6 p.m.: Croatia
Wednesday 28 May 2008 10 a.m. - 1 p.m.: Croatia
⎯ Second round of oral argument
Thursday 29 May 2008 10 a.m. - 1 p.m.: Serbia and Montenegro
Friday 30 May 2008 10 a.m. - 1 p.m.: Croatia
History of the proceedings
On 2 July 1999, Croatia instituted proceedi ngs before the Court against Serbia and
Montenegro (then known as the Federal Republic of Yugoslavia, FRY) with respect to a dispute
concerning alleged violations of the 1948Convention on the Prevention and Punishment of the
Crime of Genocide committed between 1991 and 1995. - 2 -
In its Application, Croatia contended inter alia that, “[b]y directly controlling the activity of
its armed forces, intelligence agents, and various pa ramilitary detachments, on the territory of...
Croatia, in the Knin region, eastern and western Slavonia, and Dalmatia”, Serbia and Montenegro
was liable for “ethnic cleansing” committed agains t Croatian citizens, “a form of genocide which
resulted in large numbers of Croatian citizens being displaced, killed, tortured, or illegally detained,
as well as extensive property destruction”.
Accordingly, Croatia requested the Court to adjudge and declare that Serbia and Montenegro
“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 propert y, as well as to the Croatian economy and environment . . . in a
sum to be determined by the Court”.
As basis for the jurisdiction of the Court, Croatia relies on Article IX of the Genocide
Convention, to which, it asserts, both States are parties.
By an Order of 14 September 1999, the Cour t fixed 14 March 2000 and 14 September 2000
as the respective time-limits for the filing of a Memorial by Croatia and a Counter-Memorial by
Serbia and Montenegro. These time-limits were tw ice extended, by Orders of 10 March 2000 and
27 June 2000. Croatia filed its Memorial within the time-limit as extended by the latter Order.
On 11September2002, within the time-limit for the filing of its Counter-Memorial as
extended by the Order of 27June2000, Serbia a nd Montenegro raised preliminary objections to
jurisdiction and admissibility. It maintained in particular that the Court lacked jurisdiction over the
dispute because the FRY was not party to the Genocide Convention on 2July1999, the date
proceedings were instituted before the Court. Serbia and Montenegro contended that it did not
become party to the Convention until 10June20 01, after its admission to the United Nations on
1November2000, and, in addition, that it neve r became bound by ArticleIX of the Genocide
Convention because it entered a reservation to that article when it acceded to the Convention.
Serbia and Montenegro further argued that Croatia ’s Application was inadmissible insofar as the
most serious incidents and omissions described therein occurred prior to 27 April 1992, the date on
which the FRY came into being, and could not therefore be attributed to it. Lastly, it asserted that
certain specific claims made by Croatia were inadmissible or moot.
Pursuant to Article 79 of the Rules of Court, the proceedings on the merits were suspended.
Croatia filed a written statement of its observati ons and submissions on Se rbia and Montenegro’s
preliminary objections on 25 April 2003, within the time-limit fixed by the Court.
Since the Court included upon the Bench no judge of the nationality of either of the Parties,
each Party proceeded to exercise its right conferred by Article31, paragraph3, of the Statute to
choose a judge adhoc to sit in the case. Croatia chose Mr.BudislavVukas and Serbia and
Montenegro chose Mr. Milenko Kreća.
* - 3 -
N OTE TO THE P RESS AND PUBLIC
1. The public hearings will be held in the Great Hall of Justice of the Peace Palace in
The Hague, Netherlands. Mobile telephones and beepers are permitted in the courtroom provided
they are switched off. Any offending device will be temporarily retained.
2. Media representatives are subject to an accreditation procedure, the details of which
can be found in the Media Advisory attached to this Press Release.
3. Individual visitors (members of the Diplomatic Corps and the general public) are not
subject to an admission procedure. However, groups of five or more are kindly requested to give
advance notification of their attendance by filling out the relevant form on the Court’s website
(to the right of the screen under Calendar, clic k on “Attending a Hearing”, then under Admission
for Groups, click on “Online Application Form”).
4. Verbatim records of the hearings will be published daily on the Court’s website, with
translations to follow as soon as practicable thereafter.
___________
Information Department:
Mrs. Laurence Blairon, Secretary of the Court, Head of Department (+31 (0)70 302 2336)
Messrs. Boris Heim and Maxime Schouppe, Information Officers (+31 (0)70 302 2337)
Ms Joanne Moore, Associate Information Officer (+31 (0)70 302 2394)
Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia and Montenegro) - Preliminary Objections - Schedule of the public hearings to be held from 26 to 30 May 2008