THE HAGUE (AFP) — The UN's highest court will hear a genocide claim lodged against Serbia by neighboring Croatia for alleged ethnic cleansing committed during the Croatian war of the early 1990s, judges ruled on Tuesday.
A panel of 17 judges dismissed a Serbian challenge to the International Court of Justice's competence to hear Croatia's complaint, a date for which will now be set and may take years.
"The court ... by ten votes to seven finds that ... the court has the jurisdiction to entertain the application by the Republic of Croatia," said presiding judge Rosalyn Higgins in The Hague.
The ruling paves the way for only the second genocide case to be brought before the ICJ, Serbia also having been the subject of the previous claim filed by Bosnia.
Croatia lodged a genocide complaint against Serbia at the ICJ in 1999, claiming "a form of genocide which resulted in large numbers of Croatian citizens being displaced, killed, tortured, or illegally detained as well as extensive property destruction".
But Serbia argued before the court in May that it had no jurisdiction to hear the case over alleged crimes committed during the 1991-95 Croatian war that claimed some 20,000 lives.
Serbia contended the Federal Republic of Yugoslavia, the name by which the federated state was formerly known, had not been a member of the UN nor a party to its convention on the prevention of genocide on the date Croatia's complaint was filed.
And it said the majority of the crimes outlined in the complaint were committed before the formation of the current republic.
Croatia's core complaint could not be heard before a decision had been made on Belgrade's objection to the court's jurisdiction.
Last year, the ICJ cleared Belgrade of genocide in Bosnia during the break-up of the former Yugoslav federation.
It judged the 1995 massacre of thousands of men and boys at Srebrenica in Bosnia to have been an act of genocide, without attributing direct responsibility to Serbia.