The 153-page ruling from the International Court of Justice means that modern-day Serbia will not have to pay restitution to Croatia, which in 1991 split from what was then Yugoslavia. The decision relates only to the two national governments’ responsibility to one another, not the culpability of any individuals for targeting members of an ethnic group. Such individual cases are handled by the International Criminal Tribunal for the former Yugoslavia (ICTY), another U.N. court.
“Croatia has not established that the only reasonable inference that can be drawn from the (Serbians’) pattern of conduct … was the intent to destroy, in whole or in part, the Croat group,” the International Court of Justice (or ICJ) ruled. “… It follows … Croatia has failed to substantiate its allegation that genocide was committed.”
In addition to dismissing Croatia’s case that its citizens had been victims of genocide, the ICJ also rebuffed Serbia’s counterclaim that Croatian forces had committed genocide against its own citizens.
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That was not proven, in the eyes of the International Court of Justice.
“In view of the fact that dolus specialis has been established by Croatia,” the court said, using the legal term for a specific intent, “its claims of conspiracy to commit genocide, direct and public incitement to commit genocide and attempt to commit genocide also necessarily fail.
“Accordingly, Croatia’s claim must be dismissed in its entirety.”
