ICJ: Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia) (Judgment on Preliminary Objections)

Today, the International Court of Justice rendered its judgment on the preliminary objections regarding jurisdiction and admissibility raised by Serbia concerning Croatia's application in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia). The Court rejected the preliminary objections raised. Judgment here; summary here; press release here; other case documents here.

Here's the dispositif:

The Court,

(1) By ten votes to seven,

Rejects the first preliminary objection submitted by the Republic of Serbia in so far as it relates to its capacity to participate in the proceedings instituted by the Application of the Republic of Croatia;

IN FAVOUR: President Higgins; Vice-President Al-Khasawneh; Judges Buergenthal, Simma, Tomka, Abraham, Keith, Sepúlveda-Amor, Bennouna; Judge ad hoc Vukas;

AGAINST: Judges Ranjeva, Shi, Koroma, Parra-Aranguren, Owada, Skotnikov; Judge ad hoc Kreća;

(2) By twelve votes to five,

Rejects the first preliminary objection submitted by the Republic of Serbia in so far as it relates to the jurisdiction ratione materiae of the Court under Article IX of the Convention on the Prevention and Punishment of the Crime of Genocide to entertain the Application of the Republic of Croatia;

IN FAVOUR: President Higgins; Vice-President Al-Khasawneh; Judges Buergenthal, Owada, Simma, Tomka, Abraham, Keith, Sepúlveda-Amor, Bennouna, Skotnikov; Judge ad hoc Vukas;

AGAINST: Judges Ranjeva, Shi, Koroma, Parra-Aranguren; Judge ad hoc Kreća;

(3) By ten votes to seven,

Finds that subject to paragraph 4 of the present operative clause the Court has jurisdiction to entertain the Application of the Republic of Croatia;

IN FAVOUR: President Higgins; Vice-President Al-Khasawneh; Judges Buergenthal, Simma, Tomka, Abraham, Keith, Sepúlveda-Amor, Bennouna; Judge ad hoc Vukas;

AGAINST: Judges Ranjeva, Shi, Koroma, Parra-Aranguren, Owada, Skotnikov; Judge ad hoc Kreća;

(4) By eleven votes to six,

Finds that the second preliminary objection submitted by the Republic of Serbia does not, in the circumstances of the case, possess an exclusively preliminary character;

IN FAVOUR: President Higgins; Vice-President Al-Khasawneh; Judges Ranjeva, Buergenthal, Owada, Simma, Abraham, Keith, Sepúlveda-Amor, Bennouna; Judge ad hoc Vukas;

AGAINST: Judges Shi, Koroma, Parra-Aranguren, Tomka, Skotnikov; Judge ad hoc Kreća;

(5) By twelve votes to five,

Rejects the third preliminary objection submitted by the Republic of Serbia.

IN FAVOUR: President Higgins; Vice-President Al-Khasawneh; Judges Ranjeva, Buergenthal, Owada, Simma, Tomka, Abraham, Keith, Sepúlveda-Amor, Bennouna; Judge ad hoc Vukas;

AGAINST: Judges Shi, Koroma, Parra-Aranguren, Skotnikov; Judge ad hoc Kreća.

Vice-President Al-Khasawneh appended a separate opinion to the Judgment of the Court; Judges Ranjeva, Shi, Koroma, and Parra-Aranguren appended a joint declaration to the Judgment of the Court; Judges Ranjeva and Owada appended dissenting opinions to the Judgment of the Court; Judges Tomka and Abraham appended separate opinions to the Judgment of the Court; Judge Bennouna appended a declaration to the Judgment of the Court; Judge Skotnikov appended a dissenting opinion to the Judgment of the Court; Judge ad hoc Vukas appended a separate opinion to the Judgment of the Court; Judge ad hoc Kreća appended a dissenting opinion to the Judgment of the Court.