In its Judgment on the preliminary objections raised by Serbia in the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia) case, the International Court of Justice (ICJ) has rejected Serbia’s objections.

Accordingly, in its Judgment of 18 November, the Court found that it has jurisdiction in the case, on the basis of Article IX of the 1948 Genocide Convention.

Now that its jurisdiction has been determined, the Court will hear the case on the merits, although a starting date for the case has not been set as yet.

Serbia assumed legal obligations of Yugoslavia

The Respondent in the case—initially called the Federal Republic of Yugoslavia (FRY)—had asserted that Serbia itself was not a member of the United Nations when the Application was filed in 1999 and, accordingly, not a party to the Statute of the ICJ.

In seeking to clarify Serbia’s legal position in light of the name changes which the country has undergone since the break-up of the Socialist Federal Republic of Yugoslavia in the early 1990s, the Court noted that Serbia—or its legal predecessors—have appeared before it in several proceedings over the last 15 years.

Having determined that it needed to re-examine Serbia’s capacity to appear, the Court rejected Serbia’s first preliminary objection. The judges noted that in a declaration of 27 April 1992, the FRY had categorically stated that it would “continue to fulfil all the rights conferred to, and obligations assumed by, the [former] Yugoslavia in international relations, including its membership in all international organizations and participation in international treaties ratified or acceded to by Yugoslavia.”

The Court concluded that Serbia was therefore bound by the Convention and Article IX in particular, at least until November 2000 when the FRY became a party to the Statute of the ICJ.

The Court rejected Serbia’s second and third preliminary objections on the admissibility ratione temporis and the claims concerning the submission of certain persons to trial, the provision of information on missing Croatian citizens and the return of cultural property.

At the time of filing of the Application against Serbia on 2 July 1999, the Court accordingly determined the FRY was a party to the Genocide Convention, including Article IX which stipulates that disputes between Contracting Parties shall be submitted to the ICJ.

ICJ Press Release,18-11-2008
Croatia v. Serbia: Preliminary objections, Judgment, 18-11-2008
Application Instituting Proceedings, 2-07-1999