ZAGREB, July 2 (Hina) - It can take years until the beginning of the main hearing and verdict in the case of Croatia's application instituting proceedings against Yugoslavia for genocide committed in Croatia between 1991 and 1995 at
the International Court of Justice in The Hague (ICJ), the ICJ said on Friday. By submitting the application, the first written phase commenced which can last a few years. During that period parties forward their arguments, response and appeals, a representative of the ICJ Register, who asked not to named, told Hina on Friday. Six months after the completion of the first phase, the second phase called oral hearings begins. It refers to hearings held before the 15-member ICJ Trial Chamber and after that the Court's ruling is to be made. In case that countries in dispute do not have their judges in the ICJ chamber, they appoint them. These judges have the ad ho
ZAGREB, July 2 (Hina) - It can take years until the beginning of the
main hearing and verdict in the case of Croatia's application
instituting proceedings against Yugoslavia for genocide committed
in Croatia between 1991 and 1995 at the International Court of
Justice in The Hague (ICJ), the ICJ said on Friday.
By submitting the application, the first written phase commenced
which can last a few years. During that period parties forward their
arguments, response and appeals, a representative of the ICJ
Register, who asked not to named, told Hina on Friday.
Six months after the completion of the first phase, the second phase
called oral hearings begins. It refers to hearings held before the
15-member ICJ Trial Chamber and after that the Court's ruling is to
be made.
In case that countries in dispute do not have their judges in the ICJ
chamber, they appoint them. These judges have the ad hoc status and
take part in the discussion and rulings on the matter.
Neither Croatia nor Yugoslavia have their judges in the ICJ.
The ICJ decides on how long the written phase may last, on grounds of
informal meeting between the Court's President and disputing
parties. At the meeting, countries' representatives should say how
much time they need to forward documentation.
After Croatia submitted the application, Belgrade can take several
steps, including the counter memorial to question the jurisdiction
of the court or the admissibility of the application.
In this case, the International Court of Justice must establish
whether it has the jurisdiction, and after that it can deal with the
merit of the case.
Belgrade has an opportunity of submitting a counterclaim, and thus
sued Croatia for the genocide committed allegedly against Croatian
Serbs.
All these steps contribute to the prolongation of the procedure,
which is shown in the case of Bosnia-Herzegovina's application
against Yugoslavia at the same court.
In March 1993, Bosnia forwarded the application against Yugoslavia
for genocide. After the ICJ established that it had jurisdiction
and rejected the Yugoslav countermemorials for the admissibility
of the application, it should now hold the hearing. The date,
however, has not yet be determined. In the meantime, the court
accepted the Yugoslav counterclaim accusing Bosnia for genocide
over Serbs in the country.
The cases before the ICJ on average take three to four years, the
record longest case is Qatar's application against Bahrain which
has been proceeding since 1991.
After the Court received Croatia's application, it should notify
all countries-signatories of the Genocide Convention about it.
(hina) jn ms