Croatia v. Serbia (ICJ, 2015)

E76951

Croatia v. Serbia (ICJ, 2015) is a landmark International Court of Justice case in which the Court adjudicated mutual genocide claims arising from the 1990s Yugoslav wars and clarified key aspects of state responsibility under the Genocide Convention.

All labels observed (4)

How this entity was disambiguated

Statements (50)

Predicate Object
instanceOf International Court of Justice case
contentious case
inter-State dispute
applicantAllegations Serbia committed genocide against Croats during the 1991–1995 conflict
applicantFilingDate 1999-07-02
applicantState Republic of Croatia
armedConflictContext Croatian War of Independence
Yugoslav Wars
citation Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia), Judgment, I.C.J. Reports 2015
clarifiedConcept distinction between ethnic cleansing and genocide
evidentiary value of ICTY findings in ICJ proceedings
relationship between individual criminal responsibility and State responsibility for genocide
threshold for genocidal intent in inter-State litigation
counterClaimantState Republic of Serbia
linked to: Serbia
counterClaimFilingDate 2010-01-04
court International Court of Justice
fieldOfLaw international human rights law
international humanitarian law
law of State responsibility
findingOnCounterClaim Serbia’s counter-claim of genocide by Croatia was dismissed
findingOnGenocide no genocide committed by Croatia against Serbs was proven
no genocide committed by Serbia against Croats was proven
findingOnIntent acts of extreme violence occurred but specific intent to destroy the protected group was not established
findingOnJurisdiction ICJ affirmed jurisdiction under Article IX of the Genocide Convention
findingOnStateResponsibility no State responsibility for genocide was established for either party
importance landmark case on State responsibility under the Genocide Convention
major precedent on evidentiary standards for proving genocide before the ICJ
judgmentDate 2015-02-03
keyIssue attribution of acts to a State under the Genocide Convention
existence of genocidal intent (dolus specialis)
scope of State obligations to prevent and punish genocide
standard of proof for genocide before the ICJ
temporal jurisdiction under Article IX of the Genocide Convention
languageOfProceedings English
French
legalBasis Convention on the Prevention and Punishment of the Crime of Genocide
partyStatusAtFiling respondent was Federal Republic of Yugoslavia / Serbia and Montenegro
partyStatusAtJudgment respondent was Republic of Serbia
placeOfJudgment Peace Palace, The Hague, Netherlands
linked to: Peace Palace
proceduralStage judgment on the merits
recognitionOfCrimes Court acknowledged serious crimes and atrocities were committed against both Croats and Serbs
relatedCase Bosnia and Herzegovina v. Serbia and Montenegro (ICJ, 2007)
respondentAllegations Croatia committed genocide against Serbs during and after Operation Storm in 1995
respondentState Republic of Serbia
linked to: Serbia
shortName Croatia v. Serbia
subjectMatter alleged violations of the Genocide Convention
mutual genocide claims
state responsibility for genocide
timePeriodConcerned 1991–1995
usedEvidenceFrom International Criminal Tribunal for the former Yugoslavia

How these facts were elicited

Referenced by (7)

Full triples — surface form annotated when it differs from this entity's canonical label.

Article I of the 1948 Genocide Convention interpretedIn Croatia v. Serbia (ICJ, 2015)
subject linked to: Article I
Article II of the Convention on the Prevention and Punishment of the Crime of Genocide citedInCase Croatia v. Serbia (ICJ)
subject linked to: Article II
linked to: Croatia v. Serbia (ICJ, 2015)
Article IX (Genocide Convention) usedInCase Croatia v. Serbia
subject linked to: Article IX
linked to: Croatia v. Serbia (ICJ, 2015)
Croatia v. Serbia (ICJ, 2015) shortName Croatia v. Serbia
linked to: Croatia v. Serbia (ICJ, 2015)
Croatia v. Serbia (ICJ, 2015) citation Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia), Judgment, I.C.J. Reports 2015
linked to: Croatia v. Serbia (ICJ, 2015)
Article 9 of the Genocide Convention interpretedInCase Croatia v. Serbia
linked to: Croatia v. Serbia (ICJ, 2015)
Article I (Genocide Convention) citedIn Croatia v. Serbia (ICJ, 2015)