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Croatia and Serbia battle it out in ICJ

By Farah Jabir, Garden International School

2E9A4243Fifteen judges, four advocates, two presidents and one registrar. This court represents “main forms of civilization and of the principal legal systems of the world”, one of the many fundamental branches of the United Nations. In considering the Application of the Convention on the Prevention and Punishment of the Crime of Genocide, Croatia was arguing against Serbia. With prior questioning of witnesses from  Russia, and then Turkey, the court seemed on the fence in many of their judgments.

Following the breakup of Yugoslavia in the 1990’s, Bosnia, Croatia and Serbia were engaged in a not so civil war. As a consequence, many people were caught on the wrong side of the border, facing discrimination and other ethnic prejudices. Consequently Serbia invaded Croatia in an attempt to protect the Serbs and reclaim their land. However, Croatia argued that Serbia engaged in ethnic cleansing or genocide to accomplish these aims.

After yesterday’s opening, advocates Jvalant Nayan Parekh and Eunice Lee of Croatia, rebutted Serbia’s claims. Furthermore, Serbia accused Croatia as instigators of genocide. Questioning the reliability of evidence, judges were forced to carefully consider their judgments. Lecy Campbell, the Advocate of Serbia, drew the judges attention to the many issues Serbia has with Croatia, stating there was no direct intent to wipe out Croatians. Helena Kao, Advocate of Serbia, yet again, made it known that they believe they were being unjustly accused, and the actions of Serbia were a result of war. They argued that “pacifist solutions to these problems need to be found”.

Croatia asked “rather than invade other countries, why not evacuate them (Serbians) and bring them back to Croatia?” In response, Serbia asserted that forcing people to leave their homes and livelihoods will not ultimately be beneficial.

Recurring themes of war, massacre, racism and genocide were tackled by the counsels with diplomacy and maturity, although Catherine Lee, Deputy President, reminded both sides to remain civil.

Soon after, the floor was opened for judges to ask questions. Whilst most questions were directed towards Serbia, the advocates of Croatia still got their fair share. Accused of contradictions and wrong evidence, often times judges were caught using references to the Holocaust to further explain the present situation. Nonetheless, the advocates were presented with numerous questions targeting the issue.

Ultimately a decision will be made, both sides hoping for a favourable decision.

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