Author: Dzheyson Morgan-Foster
Keywords: compromissory clause; International Court of Justice; jurisdiction ratione temporis; jurisdiction under Article IX of the Genocide Convention; succession to responsibility
On 3 February 2015, the International Court of Justice rendered its Judgment on the merits in the Croatia v. Serbia case, completing the final chapter in its twenty-two year consideration of allegations of State responsibility for genocide arising out of the dispute in the Balkans. The Court had to determine whether it had jurisdiction to rule on Croatia’s claim in respect of events alleged to have taken place before 27 April 1992 – the date when the Federal Republic of Yugoslavia came into existence as a separate State and became party to the Genocide Convention – a question which had been reserved in the 2008 Judgment on preliminary objections. Rejecting Croatia’s argument based on Article 10(2) of the International Law Commission’s Articles on State Responsibility, the Court nevertheless found it had jurisdiction over acts taking place before 27 April 1992 on the basis of an alleged dispute over whether the Federal Republic of Yugoslavia could succeed to the responsibility of the Socialist Federal Republic of Yugoslavia.
About the author: Jason Morgan-Foster – Legal Officer, Registry, International Court of Justice.