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

Abstract

On February 3, 2015, the International Court of Justice (ICJ) rendered judgment in the case between Croatia and Serbia.1 Croatia had instituted proceedings on July 2, 1999 and claimed that during the armed conflict which erupted in 1991, Serbia had violated the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). In its counter-claim, Serbia alleged that rather Croatia had violated the Convention, particularly during Operation Storm in 1995. This Serbian counter-claim was unanimously rejected. Croatia’s claim was also rejected, but with Judge Cançado Trindade and Judge ad hoc Vukas dissenting. The most vigorous disagreement between the judges did not concern the merits though, but rather focused on one remaining jurisdictional issue.