The ''Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia)'' was heard before the

International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...

. The Republic of Croatia filed the suit against the

Federal Republic of Yugoslavia Serbia and Montenegro ( sr, Cрбија и Црна Гора, translit=Srbija i Crna Gora) was a country in Southeast Europe located in the Balkans that existed from 1992 to 2006, following the breakup of the Socialist Federal Republic of Yu ...

on 2 July 1999, citing Article IX of the

Convention on the Prevention and Punishment of the Crime of Genocide The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition. It was ...

. The application was filed for Croatia by American lawyer David Rivkin. With the transformation of the Federal Republic of Yugoslavia into Serbia and Montenegro and the dissolution of that country in 2006, Serbia is considered its legal successor. The

Republic of Serbia Serbia (, ; Serbian: , , ), officially the Republic of Serbia (Serbian: , , ), is a landlocked country in Southeastern and Central Europe, situated at the crossroads of the Pannonian Basin and the Balkans. It shares land borders with Hungar ...

counterfiled a suit charging the Republic of Croatia with

genocide Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the Lat ...

, on 4 January 2010.Serbia files genocide lawsuit against Croatia
The application covers missing people, killed people, refugees, expelled people and all military actions and concentration camps with historical account of

World War II persecution of Serbs The Genocide of Serbs in the Independent State of Croatia ( sh-Latn-Cyrl, Genocid nad Srbima u Nezavisnoj Državi Hrvatskoj, separator=" / ", Геноцид над Србима у Независној Држави Хрватској) was the sys ...

committed by the

Independent State of Croatia The Independent State of Croatia ( sh, Nezavisna Država Hrvatska, NDH; german: Unabhängiger Staat Kroatien; it, Stato indipendente di Croazia) was a World War II-era puppet state of Nazi Germany and Fascist Italy. It was established in p ...

, puppet state of Nazi Germany, and

Ustaše The Ustaše (), also known by anglicised versions Ustasha or Ustashe, was a Croatian fascist and ultranationalist organization active, as one organization, between 1929 and 1945, formally known as the Ustaša – Croatian Revolutionary Move ...

during World War II. Both applications had a financial aspect, seeking compensation of damages. Opening arguments began on Monday, 3 March 2014 and lasted until 1 April 2014. On 3 February 2015, the International Court of Justice ruled that neither Serbia nor Croatia proved sufficient evidence that either side committed genocide, thereby dismissing both cases.

Facts

Croatia waited until the conclusion of the Bosnian Genocide Case before it proceeded with its own case. Sakib Softić, who worked on the Bosnian case, stated that Croatia was in a much better position than his country was in its own court suit.

Preliminary objections

The Federal Republic of Yugoslavia returned its preliminary objections on 1 September 2002. On 18 November 2008, the court decided on preliminary objections to the case filed by Serbia. The court ruled against Serbia's three objections to the case, while finding that one of these objections was not purely preliminary. Finally, the court decided that it had jurisdiction over the case. Croatia was represented at the proceedings by its justice minister,

Ivan Šimonović Ivan Šimonović (; born 2 May 1959) is a Croatian diplomat, politician and law scholar. In October 2008 he was appointed Justice Minister of Croatia. On 3 May 2010, Šimonović was appointed UN Assistant Secretary-General for Human Rights. Edu ...

. The decision made headlines in Croatia and Serbia, especially as it fell on the anniversary of the fall of Vukovar in 1991 to

Serb The Serbs ( sr-Cyr, Срби, Srbi, ) are the most numerous South Slavic ethnic group native to the Balkans in Southeastern Europe, who share a common Serbian ancestry, culture, history and language. The majority of Serbs live in their na ...

forces. Croatia has reported that since 1995, at least 120

mass graves A mass grave is a grave containing multiple human corpses, which may or may Unidentified decedent, not be identified prior to burial. The United Nations has defined a criminal mass grave as a burial site containing three or more victims of executi ...

have been discovered mainly in Eastern Slavonia, Dalmatia and

Knin Knin (, sr, link=no, Книн, it, link=no, Tenin) is a city in the Šibenik-Knin County of Croatia, located in the Dalmatian hinterland near the source of the river Krka, an important traffic junction on the rail and road routes between Zagr ...

. Serbian officials sought for Croatia to withdraw from the lawsuit on multiple occasions. Then President of Serbia

Boris Tadić Boris Tadić ( sr-cyr, Борис Тадић, ; born 15 January 1958) is a Serbian politician who served as the president of Serbia from 2004 to 2012. Born in Sarajevo, he graduated from the University of Belgrade with a degree in psycholo ...

said that "Serbia considered in previous years, and still believes, that it is always better for all conflicts from wars during the 1990s to be solved in extra-judicial processes, through peaceful means, however, for such an approach of Serbia, partners on the other side are needed" and the Foreign Minister

Vuk Jeremić Vuk Jeremić ( sr-cyr, Вук Јеремић, ; born 3 July 1975) is a Serbian politician and diplomat who served as the president of the United Nations General Assembly from 2012 to 2013 and as the Minister of Foreign Affairs of Serbia from 200 ...

said that "I think it would be better for Croatia for it to never come to this process. Our main goal and wish is not to sue each other, but to cooperate on the road towards EU integration, to build good neighborly relations, to solve problems which we have inherited." In November 2013 Serbia's Prime Minister

Ivica Dačić Ivica Dačić ( sr-cyr, Ивица Дачић, ; born 1 January 1966) is a Serbian politician serving as first deputy prime minister of Serbia and minister of foreign affairs since 2022, roles which he previously served under governments of Mirk ...

reiterated a wish for mutual withdrawal of lawsuits between the two countries.

Serbia v. Croatia

Following the court ruling that it had the jurisdiction in Croatia's case, Serbian foreign minister

announced a plan to file a counter-suit against Croatia. The application was submitted on 4 January 2010. The document included information on crimes committed against

Serbs The Serbs ( sr-Cyr, Срби, Srbi, ) are the most numerous South Slavic ethnic group native to the Balkans in Southeastern Europe, who share a common Serbian ancestry, culture, history and language. The majority of Serbs live in their na ...

Gospić Gospić () is a town in the mountainous and sparsely populated region of Lika, Croatia. It is the administrative centre of Lika-Senj County. Gospić is located near the Lika River in the middle of a karst field ( Ličko Polje). Gospić is the ...

, Sisak,

Pakrac Pakrac is a town in western Slavonia, Croatia, population 4,842, total municipality population 8,460 (census 2011). Pakrac is located on the road and railroad connecting the regions of Posavina and Podravina. Name In Croatian the town is known a ...

, Karlovac, Osijek, Paulin Dvor and during the operations

Operation Flash Operation Flash ( sh-Latn-Cyrl, separator=/, Operacija Bljesak, Операција Бљесак) was a brief Croatian Army (HV) offensive conducted against the forces of the self-declared proto-state Republic of Serbian Krajina (RSK) from 1&nda ...

Operation Storm }) was the last major battle of the Croatian War of Independence and a major factor in the outcome of the Bosnian War. It was a decisive victory for the Croatian Army (HV), which attacked across a front against the self-declared proto-state Re ...

and Operation Medak Pocket. The lawsuit also covered all those victims murdered after the war as they tried to return to the homes which they had left as refugees. The lawsuit against Croatia contained a historical account, with a focus on Second World War-era persecution of Serbs. A public opinion poll in Serbia by '' Blic'' found that 69.7% of people supported the counter-suit, while 9.1% opposed it. The lawsuit has been opposed by the minor opposition Liberal Democratic Party whose leader said that "Serbia needs a smart foreign policy, which will not respond with a mistake to a mistake that was made in the last century by Croatia". President

Tomislav Nikolić Tomislav Nikolić ( sr-Cyrl, Томислав Николић, ; born 15 February 1952) is a Serbian retired politician who served as the president of Serbia from 2012 to 2017. A former member of the far-right Serbian Radical Party (SRS), he di ...

of Serbia called for a mutual withdrawal of the genocide suits in January 2014.

Relation to the ICTY

As the final verdict of the International Criminal Tribunal for the Former Yugoslavia (ICTY) in the case of Prosecutor v. Gotovina et al. was a reversal of conviction (de facto acquittal), some German media speculated that this opens a possibility for Serbia to pay large reparations to Croatia.

Timeline

Notes