http://glassrbije.org/E/index.php?option=com_content&task=view&id=3022&Itemid=32

SMILJA AVRAMOV AND SAVO STRBAC ON CROATIAN LAWSUIT AGAINST SERBIA       

01.06.2008.

Croatian lawsuit for genocide against Serbia, allegedly done during the 
last war, represents a prime example of hypocrisy, as it was actually 
Serbia that should have sued Croatia long timer ago for the genocide of 
Serbs, therefore putting together the genocide in the WWII and the one 
committed from 1991-1995. There was continuity between those two crimes, 
with plethora of evidence to support it, pointed out professor Smilja 
Avramov, in her interview for the International Radio Serbia.

Asked about the potential complexity of this case, the long-time 
professor of the Belgrade Law School, Avramov underlines two important 
problems relating to this issue. The first, according to her, is 
reflected in the fact that the International Court of Justice has found 
itself in some deep controversies, regarding several cases, thus 
questioning its authority as the highest judiciary body in the UN 
system. Nevertheless, Smilja Avramov adds that in regards of the 
specific lawsuit of Croatia, any legal expert will know that it is a 
rather simple case. Namely, this case is very clear in itself. At issue 
is a hypocritical act of Croatia, which is suing Serbia for the 
genocide, even though Croatia itself has committed genocide over Serbs 
in WWII, and then repeated it from 1991-1995.There is plenty of 
witnesses and solid evidence for that, specified Avramov.

She says that both former and current Serbian authorities should be 
condemned for not filing a lawsuit against Croatia for those crimes, 
being that the genocide never gets outdated. “It means that there should 
have been a suit for both genocides, 1941-1945 and 1991-1995, since 
there is a continuity between those. It can be proved with documents 
that can be found in foreign archives, and which I have on disposal, 
since I used to work on a study of that case. On the other hand, there 
is also lot of material evidence in the field. In other words, at issue 
is the omission of Serbia in filing charges against Croatia”, concluded 
professor Avramov.

According to her, in regards of the Croatian lawsuit, the Hague Court 
will find a way out of the chaos which they created for themselves, due 
to unprincipled actions, by taking into account the arguments of the 
Serbian defense attorneys. The Court will declare itself incompetent in 
this case, as any other solution would represent a big paradox, 
concluded professor Smilja Avramov.

In addition to that, Director of the “Veritas” Documentation Center Savo 
Strbac has assessed that if in this case the International Court should 
declare itself incompetent, hence skipping the argument on the very 
essence of the case, the Croatians will always use that as the argument 
in their favor in the future.

Strbac says that it would not lead to the reconciliation between the two 
peoples, since the Croatians would always be pointing that they suffered 
genocide, which had not been processes due to formal reasons. “The 
Muslim side would have done the same if the International Court had not 
taken the Bosnian lawsuit against Serbia”, says the Director of “Veritas”.

He firmly believes that the Court will declare its incompetence, but 
that the counter-lawsuit is under preparation in Serbia, irregardless of 
that. In that case, Serbia and Serbs in Croatia will be able to present 
the evidence on their suffering in Croatia. Then it would be clear who 
was the greatest victim of all, underlines Strbac, adding that Serbs 
have suffered the most in those conflicts.

He reminded that during and after the “Storm” operation of the Croatian 
police and military forces, the greatest exodus of Serbs since WWII, as 
more than 200 thousand people were expelled from Croatia. “In spite of 
all that, it is difficult to characterize this satiation as the 
genocide, being that in the Convention on Genocide and Ethnic Cleansing, 
there is no such mode described for this crime”, concluded Savo Strbac.
 



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