ICJ genocide judgment in the dispute between Croatia and Serbia: Legal analysis and its importance for mutual relations

In: Međunarodni problemi: International problems, Band 67, Heft 1, S. 7-44

Abstract

The Judgment of the International Court of Justice in the case of mutual
claims for the breach of the Genocide Convention between Croatia and Serbia
represents the final outcome of 16 years of a dispute which burdened their
bilateral relations on everyday basis. Bearing in mind that the International
Court of Justice, as the international judicial authority with highest
legitimacy in contemporary international order, found both claims to be
unfounded, the judgment can represent an impulse for governments of both
countries to settle the problematic legacy of years of conflict and mutual
allegations. However, some passages from the judgment might be used also as
means of diplomatic pressure by both governments, since the International
Court of Justice blamed the Croatian government for the grave crimes short of
genocide commited during the Operation Storm, but also adopted the
interpretation of the ICTY?s joint criminal enterprise jurisprudence which
foreshadows further prosecutions for political personalities allegedly
connected with the conception of Greater Serbia.