ZAGREB, Sept 7 (Hina) - Neither the ICTY nor Croatia can seek an opinion of the International Court of Justice (ICJ) about the jurisdiction of the Hague-based International War Crimes Tribunal (ICTY) over investigations in the
Croatian operations "Storm" and "Flash". Only bodies of the United Nations can ask for such opinion, said an ICJ official, on condition of anonymity, on Tuesday. Pursuant to rules of the ICJ, UN bodies can seek the advisory opinion of this court on all issues and disputes, whereas international organisations and UN agencies can ask an opinion only about legal questions in relation to their work. Considering the nature of the dispute between the Hague-based Tribunal and Croatia, the UN Security Council and the General Assembly can ask for the opinion about the jurisdiction, the official told Hina on the phone. Croatia's Justice Minister Zvonimir Separovic on Monday anno
ZAGREB, Sept 7 (Hina) - Neither the ICTY nor Croatia can seek an
opinion of the International Court of Justice (ICJ) about the
jurisdiction of the Hague-based International War Crimes Tribunal
(ICTY) over investigations in the Croatian operations "Storm" and
"Flash". Only bodies of the United Nations can ask for such opinion,
said an ICJ official, on condition of anonymity, on Tuesday.
Pursuant to rules of the ICJ, UN bodies can seek the advisory
opinion of this court on all issues and disputes, whereas
international organisations and UN agencies can ask an opinion only
about legal questions in relation to their work.
Considering the nature of the dispute between the Hague-based
Tribunal and Croatia, the UN Security Council and the General
Assembly can ask for the opinion about the jurisdiction, the
official told Hina on the phone.
Croatia's Justice Minister Zvonimir Separovic on Monday announced
at a news conference that his country would propose to the ICTY
President, Gabrielle Kirk McDonald, in a letter that an advisory
opinion of the International Court of Justice be asked about the
jurisdiction of the ICTY over the 1995 military and police
operations "Storm" and "Flash" in which Croatia liberated a large
part of its territory which had been occupied by Serbs since 1991.
Croatia's Foreign Minister Mate Granic forwarded a letter to the UN
Security Council a week ago writing that Croatia will respect
advice given by the International Court of Justice in case the
Security Council asks for it.
Since the constitution of the ICJ, the Security Council has just
once asked the International Court of Justice for its opinion,
while the UN General Assembly has used such opportunity several
times.
The ICJ is the top judicial body of the United Nations and was set up
50 years ago to settle disputes between UN member-states.
Croatia has sued the Federal Republic of Yugoslavia (FRY) for
genocide before this court this year.
(hina) jn ms