CiKoLa
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Post by CiKoLa on Nov 18, 2008 18:10:44 GMT -5
HAAG - Međunarodni sud pravde (ICJ) danas je u Haagu odbacio sve prigovore Srbije i proglasio se nadležnim za hrvatsku tužbu protiv Srbije za povredu Konvencije o sprečavanju i kažnjavanju genocida koju je Hrvatska podnijela prije devet godina. Mislim da je vrijeme da se Srbija suoči, kao što se dijelom već suočila, s prošlosti i mislim da je trenutak reći, ovdje u Vukovaru, i to da se rat nije vodio na srpskom tlu, da nije razoren Novi Sad nego Vukovar, da nije granatiran neki drugi grad, nego Dubrovnik i Osijek, da nisu hrvatski vojnici išli u Srbiju, nego obrnuto
Ivo SanaderArticle in Full:www.jutarnji.hr/vijesti/clanak/art-2008,11,18,,141551.jl
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Post by vinjak on Nov 18, 2008 18:50:36 GMT -5
BELGRADE, THE HAGUE -- The International Court of Justice has today declared itself competent to handle a lawsuit filed by Croatia against Serbia for charges of genocide.
The decision was announced by Court President Rosalyn Higgins, who outlined the reasoning of the 17-member panel of judges.
Following today's decision, unless the two sides reach an out-of-court settlement--which seems unlikey--a debate will be held on the nature of the suit on whether genocide was committed in Croatia, and whether Serbia was responsible for it.
Serbia will then a have a year to prepare its defense and launch a potential counter-suit against Croatia for genocide against Serbs, for which the Belgrade legal team has already been readying itself. The case would be unlikely to begin for another two years
The ICJ rejected Belgrade's argument that the case was outside the Court's purview as Serbia could not be held responsible for crimes perpetrated at a time when the Federal Republic of Yugoslavia did not exist and was not a UN member, and therefore not a signatory of the Convention on Genocide.
10 of the 17 judges voted that the Court was competent to hear the case.
The court ruled that although the Federal Republic of Yugoslavia’s status in the UN had been “unclear”, the authorities in Belgrade had recognized the ICJ’s jurisdiction in the Nineties, in responding to Bosnia-Hercegovina and Croatia’s suits and in lodging its own suit against NATO member-states.
Under the ruling, the Federal Republic of Yugoslavia’s declaration of April 1992, submitted to the UN General Assembly, was tantamount to announcing its assumption of all international commitments stemming from membership of international organizations and conventions, including the Convention on Genocide.
As a result, the Court’s jurisdiction in proceedings launched between 1992 and 2000 had been clearly established, Higgins explained.
In the suit lodged in 1999, Croatian claimed that Belgrade was responsible for the ethnic cleansing of Croatian citizens, as a form of genocide, because it “directly controlled the activities of its armed forces, intelligence agents and various paramilitary units that perpetrated crimes in Croatia, in the Knin region, and in eastern and western Slavonia and Dalmatia.”
The two sides' arguments
Belgrade contests the court’s jurisdiction and contends that Serbia cannot be held responsible for crimes perpetrated at a time when the Federal Republic of Yugoslavia did not exist and was not a UN member.
However, Zagreb claims that Belgrade had special relations with the UN that included “attributes of membership” and recourse to the ICJ.
Should the ICJ declare itself competent, the case would begin.
Zagreb wants the ICJ to find Serbia guilty of breaching the Convention on Genocide, to order that all the perpetrators should be punished, to order a return of all Croatian cultural property, and to order Serbia to pay war reparations of an amount to be set by the Court.
If the ICJ rules that it is competent to hear the case, Serbia still has the possibility to respond by lodging a counter-action.
However, that is a political decision that would have to be taken by the Serbian government, which has still to announce its tactics on the matter.
Optimists continue to believe that Belgrade and Zagreb will ultimately reach an out-of-court settlement, which is one of the possible options that Serbia has already unsuccessfully offered to Croatia.
Croatia first lodged the genocide suit in 1999.
Zagreb called for Serbia to be found guilty of breaching the Convention on the Prevention and Punishment of the Crime of Genocide during the 1991-95 war.
In recent years, the ICJ has declared itself competent to hear Bosnia-Hercegovina’s case against the Federal Republic of Yugoslavia, and has only once declared a case outwith its jurisdiction—the Federal Republic of Yugoslavia’s suit against NATO member-states over the 1999 air strikes.
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CiKoLa
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Post by CiKoLa on Nov 18, 2008 19:00:38 GMT -5
In the suit lodged in 1999, Croatian claimed that Belgrade was responsible for the ethnic cleansing of Croatian citizens, as a form of genocide, because it “directly controlled the activities of its armed forces, intelligence agents and various paramilitary units that perpetrated crimes in Croatia, in the Knin region, and in eastern and western Slavonia and Dalmatia.”
Milan Martic's conviction will help Croatia greatly. It has already been established that Milan Martic and co. ethnically cleansed hundreds of thousands of Croats from their homes in a joint criminal enterprise which ultimately had the aim of creating a Greater Serbia.
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Post by vinjak on Nov 18, 2008 19:06:29 GMT -5
I dnt think it will help at all, first there must be a direct link with Beograd and Martic and co, and I think Martic was convicted of a criminal enterprise thing as well as War crimes there was no link with Beograd.
Anyway Serbia is counter suing now and all this will do is keep Croatia out of the EU for many years until this is resolved, it could very well backfire on Croatia.
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CiKoLa
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Post by CiKoLa on Nov 18, 2008 19:28:14 GMT -5
there was no link with Beograd.
Funny, i seem to remember tanks rolling out of Belgrade towards Croatia ... not the other way around.
Serbia has once again become the first nation in the world to be sued for Genocide, not once, but TWICE.
The most important aspect here is that serbia is put in its place once and for all. And that the general public in serbia comes to terms with its bloody past. Now this process of coming to terms with things was hampered when the US forbid Croatia from taking Banja Luka. Had this occurred, serbia would have suffered the same fate as Nazi Germany, utter defeat politically and militarily ... and what would have followed would have been this realization that their people were responsible for most of the wars and crimes in the former yugoslavia. A sense of shame would have also followed.
But that of course didn't happen ... Banja Luka wasnt taken (US is now deeply regretting that move - Halbook publically expressing his regret), and as a result serbia and the serbian people still to this day, try to equalize guilty, deny Genocide in Srebrenica, deny that they were found guilty of not preventing Genocide, justify their rampage/crimes across the states of the former yugoslavia and treat war criminals as heroes.
My point being is that this law suit may finally achieve what the taking of Banja Luka never did, utter defeat of serbian politics during those times and the speeding up of the process of coming to terms with their past ... in similar fashion to what Germany is doing now.
Lastly Vinjak ... in reference to your claim of a counter suit, u seem to underestimate Croatia's current world standing as a EU Candidate (who just recently received a date in reference to entering the EU and closing her negotiation process), a NATO acceding country (2009), and a current UNSC non-permanent member. Croatia has many avenues open to her in causing many problems for serbia in the coming years.
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Post by zgembo on Nov 19, 2008 0:23:04 GMT -5
Serbia has once again become the first nation in the world to be sued for Genocide, not once, but TWICE. How can you once again be the first ever... dumbass And guess who is the second country to now be sued for genocide... imagine Croatia gets a guilty verdict, while Serbia is declared innocent again LOL
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Post by SKORIC on Nov 19, 2008 0:43:51 GMT -5
Ignore Cikola. He thinks Croats didnt commit genocide on Serbs in WW2. Very very naughty biased little girl.
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CiKoLa
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Post by CiKoLa on Nov 19, 2008 0:51:24 GMT -5
Serbia has once again become the first nation in the world to be sued for Genocide, not once, but TWICE. How can you once again be the first ever... dumbass And guess who is the second country to now be sued for genocide... imagine Croatia gets a guilty verdict, while Serbia is declared innocent again LOL mere speculation ... the counter suit is just a tactical move, smoke and mirrors nothing more. Serbia will be found guilty, belgrade is crapping its pants and it shows. P.S u know what they say ... no one ever remembers second place.
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Post by zgembo on Nov 19, 2008 1:44:56 GMT -5
But you are always wrong about these things pickola. You said Serbia will be found guilty of genocide in Bosnia, and it wasn't. You said the UN GA wouldn't approve Serbia's request for an ICJ advisory opinion, but that happened too. I'm almost glad to hear you think Serbia's lawsuit won't be successful while Croatia's will. ;D
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Post by meltdown711 on Nov 19, 2008 1:49:10 GMT -5
I dont understand what the point of this is... if Bosnia's didnt work -- and they have Srebrenica -- how does Croatia think it will win? Plus, isnt this just adding fuel to the fire? Wouldnt it just be better to say "you have Vukovar we have Oluja"?
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CiKoLa
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Post by CiKoLa on Nov 19, 2008 2:10:26 GMT -5
You said Serbia will be found guilty of genocide in Bosnia, and it wasn't.
serbia was found guilty of not preventing Genocide. Thats something not even you can deny.
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tyson
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Post by tyson on Nov 19, 2008 2:16:50 GMT -5
Wouldnt it just be better to say "you have Vukovar we have Oluja"? no it wouldnt. serbia needs to foot the bill for all the damage that was caused during the war which serbia's milosevic initiated.
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Post by markosijekira on Nov 19, 2008 6:21:47 GMT -5
Did anyone catch the Vukovar film on HRT1 yesterday? Depressing
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CiKoLa
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Post by CiKoLa on Nov 19, 2008 19:12:33 GMT -5
Hrvatski predsjednik Stjepan Mesić izjavio je u srijedu da je najava srpske protivtužbe protiv Hrvatske za ratni zločin u akciji "Oluja" greška. "Ja mislim da je to pogreška, jer je 'Oluja' bila legitimna akcija hrvatske vojske i policije, ali i zato što svi predlozi koji su išli protivničkoj strani da se pregovorima riješi pitanje ulaska čitavog hrvatskog teritorija pod hrvatski ustavno-pravni sistem u to vrijeme nisu uspjeli", rekao je Mesić u intervjuu Hrvatskoj televiziji. U dijelu intervjua u kojem se Mesić osvrće na izjavu srpskog ministra Vuka Jeremića da će Srbija tužiti Hrvatsku za ratni zločin genocida nad srpskim civilima u akciji "Oluja" 1995. godine, hrvatski predsjednik kaže da se srpska tužba ne može upoređivati sa Hrvatskom tužbom protiv Srbije. On je podsjetio da je jedan dio Srba u "Oluji" otišao zajedno sa jedinicama tadašnje JNA i srpske vojske i dodao da Hrvatska ubrzava proces povratka izbeglih Srba i da eventualna protivtužba tu ne može uspjeti."Mi se slažemo da treba kazniti sve one koji su počinili ratni zločin. Hrvatska to čini, izvodi na sud sve ono što do sada nije bilo izvedeno, a isto tako izručila je i one koje je Tribunal u Hagu tražio. Dakle, Hrvatska je učinila sve ono što je bilo u njenoj moći, a sigurno se o genocidu nije radilo", izjavio je Mesić. On je ponovio da "Hrvatska vojska nije počinila genocid, Hrvatska vojska nije ušla u Srbiju, nije razarala sela u Srbiji, logori za građane Srbije nisu postojali u Hrvatskoj, dok su u Srbiji postojali logori za Hrvate".www.mtsmondo.com/news/vesti/text.php?vest=116145
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