Croatia v. Serbia (ICJ, 2015)

E76951

International Court of Justice case contentious case inter-State dispute

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.

Observed surface forms (3)

Surface form	Occurrences
Croatia v. Serbia	3
Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia), Judgment, I.C.J. Reports 2015	1
Croatia v. Serbia (ICJ)	1

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	independent Republic of Croatia ⓘ surface form: Republic of Croatia
armedConflictContext	Croatian War of Independence ⓘ Yugoslav Wars ⓘ
citation	Croatia v. Serbia (ICJ, 2015) self-linksurface differs ⓘ surface form: 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	Serbia ⓘ surface form: Republic of 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	Article 9 of the Genocide Convention ⓘ surface form: 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	GenocideConvention1948 ⓘ surface form: 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 ⓘ surface form: Peace Palace, The Hague, Netherlands
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	Serbia ⓘ surface form: Republic of Serbia
shortName	Croatia v. Serbia (ICJ, 2015) self-linksurface differs ⓘ surface form: 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 ⓘ

Referenced by (6)

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

Croatia v. Serbia (ICJ, 2015) → citation → Croatia v. Serbia (ICJ, 2015) self-linksurface differs ⓘ

this entity surface form: Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia), Judgment, I.C.J. Reports 2015

Article II → citedInCase → Croatia v. Serbia (ICJ, 2015) ⓘ

subject surface form: Article II of the Convention on the Prevention and Punishment of the Crime of Genocide

this entity surface form: Croatia v. Serbia (ICJ)

Article I → interpretedIn → Croatia v. Serbia (ICJ, 2015) ⓘ

subject surface form: Article I of the 1948 Genocide Convention

Article 9 of the Genocide Convention → interpretedInCase → Croatia v. Serbia (ICJ, 2015) ⓘ

this entity surface form: Croatia v. Serbia

Croatia v. Serbia (ICJ, 2015) → shortName → Croatia v. Serbia (ICJ, 2015) self-linksurface differs ⓘ

this entity surface form: Croatia v. Serbia

Article IX → usedInCase → Croatia v. Serbia (ICJ, 2015) ⓘ

subject surface form: Article IX (Genocide Convention)

this entity surface form: Croatia v. Serbia