1ST INFORMAL MEETING OF CROATIA AND FRY BEFORE ICJ TO BE ON MONDAY

THE HAGUE, Sept 12 (Hina) - Representatives of Croatia and the Federal Republic of Yugoslavia (FRY) are to confront each other on Monday for the first time before the chairman of the trial chamber of the International Court of Justice (ICJ) in The Hague after, on 2 July, Croatia filed an application with the ICJ on instituting proceedings against Belgrade for genocide committed between 1991 and 1995.#L# At their first informal meeting behind the closed doors, the two parties are expected to say how much time they need to make court depositions. Thereafter, the ICJ trial chamber can decide on time terms for the first pre-trial phase which commenced with Croatia's submission of the application. According to the 50-year-long practice of this international institution, it can take years until the beginning of the main hearing and the verdict on the merit of the case in which Croatia sues Yugoslavia for breaches of the Genocide Convention. In the pre-trial phase, the parties in dispute forward their arguments, answers and complaints. After that, the so-called oral phase ensues when a hearing should be held before a 15-member ICJ Trial Chamber on the merit of the case. The first "written" phase is conducted behind the closed doors. Pursuant to ICJ rules, Croatia is now expected to explain its application and forward evidence for the allegations. Then the defending part, i.e. Yugoslavia, serves on the court its documents responding to the suit, appealing or it can even submit a counterclaim and accuse Croatia of genocide. In the second round of the "written" phase, Croatia responds to Yugoslavia's deposition ad subsequently Yugoslavia can forward its response. The oral phase ensues usually six month after the completion of the first phase, ad then hearings are held before the ICJ trial chamber. After that a court ruling can be expected. After Croatia's submission of the application, Belgrade can take several steps, in line with the ICJ rules. For instance, the defendant can give preliminary objections disputing the jurisdiction of the Court or raising the question about the admissibility of the application. In such case, the Court must determine whether it has the jurisdiction over the case and thereafter it can deal with the merit of the case. Belgrade can forward a counterclaim and sue Croatia for genocide allegedly committed against Croatian Serbs. This possibility was used by Belgrade after Bosnia-Herzegovina sued Yugoslavia for genocide before the same court in 1993. In that case the ICJ established that it had jurisdiction over the dispute and thus rejected Yugoslav preliminary objections about the jurisdiction of the court and admissibility of Bosnia's suit. Croatia maintains that the jurisdiction of this court is based on the convention on genocide, which both Croatia and Yugoslavia have signed, as well as on the ICJ Statute. Disputes before the ICJ take on average four years, but the longest case so far is the Qatar-Bahrain dispute which the ICJ has bee processing since 1991. Croatia explained its suit saying that by directly controlling the activity of its armed forces, intelligence agents and various paramilitary units on the territory of the Republic of Croatia, in the Knin area, eastern and western Slavonia and Dalmatia, the FRY is liable for the "ethnic cleansing" of Croatian citizens from aforementioned areas. Croatia also accuses Belgrade of the ethnic cleansing of Serbs following the operations "Flash" and "Storm". According to Croatia's application, Belgrade directed, encouraged and urged Croatian citizens of Serb ethnicity in the Knin region to evacuate the area in 1995, despite Croatian authorities' assurances that local Serbs had nothing to fear and should stay. The Genocide Convention was violated with the occupation of one third of the Croatian territory, which left over 20,000 killed citizens, more than 120 mass graves, 55,000 wounded, 3,000 missing people and caused direct damage amounting to US$27 billion, Croatia wrote and demanded also the ICJ determine reparations Belgrade should pay. The Genocide Convention, adopted by the UN General Assembly in 1948, defines genocide as activities aimed at destroying, in whole or in part, a national ethnic, racial or religious group. The ICJ, situated in The Hague, is the top UN judicial body, constituted after World War Two to settle disputes between states. Parties in a dispute can only be states and not institutions or individuals. (hina) ms