Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia) - The Court authorizes the submission of an additional pleading by the Republic of Croatia

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. 2012/4
26 January 2012

Application of the Convention on the Prevention and Punishment of
the Crime of Genocide (Croatia v. Serbia)

The Court authorizes the submission of an additional pleading

by the Republic of Croatia

THE HAGUE, 26January2012. The Interna tional Court of Justice(ICJ), the principal
judicial organ of the United Nations, has authori zed the submission by the Republic of Croatia of

an additional pleading relating solely to the counte r-claims submitted by the Republic of Serbia in
the case concerning Application of the Convention on the Prevention and Punishment of the Crime
of Genocide (Croatia v. Serbia).

By an Order dated 23 January 2012, the Court fixed 30 August 2012 as the time-limit for the
filing of that pleading.

The Court made this Order following an indication by Croatia that it wished to present its
views for a second time in writing, in an additi onal pleading, on Serbia ’s counter-claims, and
taking account of the views of the Parties. The su bsequent procedure has been reserved for further
decision.

History of the proceedings

On 2 July 1999, Croatia instituted proceedings before the Court against Serbia (then known
as the Federal Republic of Yugoslavia) with respect to a dispute concerning alleged violations of

the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (hereinafter “the
Genocide Convention”) committed between 1991 and 1995.

In its Application, Croatia contends, 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 is liable for

“ethnic cleansing” committed against 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 requests the Court to adju dge and declare that Serbia has “breached its

legal obligations” to Croatia under the Genocide C onvention and that it has “an obligation to pay
to... Croatia, in its own right and as parenspatriae for its citizens, reparations for damages to
persons and property, as well as to the Croatian economy and environment... in a sum to be
determined by the Court” (see Annual Report 1998-1999 et seq.). - 2 -

As basis for the Court’s jurisdiction, Croatia invokes Article IX of the Genocide Convention,
to which, it claims, both States are parties.

By an Order of 14 September 1999, the C ourt 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. These time-limits were twice 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 rais ed certain preliminary objections in respect of

jurisdiction and admissibility. Pursuant to Article 79 of the Rules of Court, the proceedings on the
merits were suspended. Croatia filed a written statement of its observations and submissions on
Serbia’s preliminary objections on 25 April 2003, within the time-limit fixed by the Court.

Public hearings on the preliminary objections in respect of jurisdiction and admissibility
were held from 26 to 30 May 2008 (see Annual Report 2007-2008).

On 18November2008, the Court rendered its Judgment on the preliminary objections (see

Annual Report 2008-2009 et seq. ). In its Judgment the Court found inter alia that, subject to its
statement concerning the second preliminary objection raised by the Respondent, it had
jurisdiction, on the basis of ArticleIX of th e Genocide Convention, to entertain Croatia’s
Application. The Court added that Serbia ’s second preliminary objection did not, in the

circumstances of the case, possess an exclusively prel iminary character. It then rejected the third
preliminary objection raised by Serbia.

By an Order of 20January2009, the President of the Court fixed 22March2010 as the

time-limit for the filing of the Counter-Memorial of Serbia. That pleading, containing
counter-claims, was filed within the time-limit thus prescribed.

By an Order of 4February2010, the Court directed the submission of a Reply by the

Republic of Croatia and a Rejoinder by the Republic of Serbia concerning the claims presented by
the Parties. It fixed 20 December 2010 and 4 N ovember 2011, respectively, as the time-limits for
the filing of those written pleadings, which were filed within the time-limits thus prescribed.

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The full text of the Court’s Order will be ava ilable shortly on its website. However, written
pleadings remain confidential until the Court decides to make them acc essible to the public,
generally at the opening of the oral proceedings.

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Note : The Court’s press releases do not constitute official documents.

___________ - 3 -

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations.
It was established by the United Nations Char ter in June1945 and began its activities in

April1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands). Of the six
principal organs of the United Nations, it is the only one not located in New York. The Court has a
twofold role: first, to settle, in accordance with international law, legal disputes submitted to it by
States (its judgments have binding force and are without appeal for the parties concerned); and,

second, to give advisory opinions on legal questi ons referred to it by duly authorized United
Nations organs and agencies of the system. The Court is composed of 15judges elected for a
nine-year term by the General Assembly and the Security Council of the United Nations. It is
assisted by a Registry, its international secretariat, whose activities are both judicial and diplomatic,

as well as administrative. The official languages of the Court are French and English.

The ICJ, a court open only to States for cont entious proceedings and to certain organs and
institutions of the United Nations system for advisory proceedings, should not be confused with the

other ⎯ mostly criminal ⎯ judicial institutions based in The Hague and adjacent areas, such as the
International Criminal Tribunal for the former Yugoslavia (ICTY, an adhoc court created by the
Security Council), the International Criminal Court (ICC, the first permanent international criminal

court established by treaty, which does not belong to the United Nations system), the Special
Tribunal for Lebanon (STL, an independent judi cial institution composed of Lebanese and
international judges, which is not a United Nations tribunal and does not form part of the Lebanese
judicial system), or the Permanent Court of Arbitration (PCA, an in stitution founded in 1899,

which is independent of the United Nations).

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Information Department:

Mr. Andrey Poskakukhin, First Secretary of the Court, Head of Department (+31 (0)70 302 2336)
Mr. Boris Heim, Information Officer (+31 (0)70 302 2337)
Ms Joanne Moore, Associate Information Officer (+31 (0)70 302 2394)
Ms Genoveva Madurga, Administrative Assistant (+31 (0)70 302 2396)