ICJ ended the case before it began

ICJ ended the case before it began


International Court of Justice in Hague didn’t accept the initiative for revision of verdict in case of BiH against Serbia for genocide, which was submitted by illegitimate BiH agent, Sakib Softic, at the end of February. The initiative was submitted just a day before the ten-year deadline passed.

After the submission of the initiative ICJ sent the letter to BiH Presidency members to rule themselves on the legitimacy of Spftc as an agent accepted by state institutions. Since they send three different answers and didn’t give a unification support to Softic, ICJ decided to refuse the initiative.

“The court properly considered the opinions of the members of the Presidency, which put forward in letters. The Court considers that the contents of these letters shows that a decision is not issued by the competent authorities on behalf of BiH as a state, with regard to the revision of the Judgment of 26 February 2007 in the case of the Convention on the Prevention and Punishment of the Crime of Genocide BiH against Serbia. Therefore, no decision can be taken in regard to the document entitled ‘The application for revision of the Judgment of 26 February 2007 in the case of the Convention on the Prevention and Punishment of the Crime of Genocide”, stated the Court registry in the letter of announcement.

Right after the announcement, BiH Presidency Chairman, Mladen Ivanic, told the media that he expected this kind of decision and that it was the only possible result in this case. Ivanic said that he was trying to stop this initiative for a longer time and that the result is also his personal political success.

“However, the political crisis in BiH is not over and will not be over since we determine who was acting out of state institutions.We must openly say that Presidency member, Bakir Izetbegovic, formed the ad-hoc body to work on the revision. I tried to return this case to the institutions but Izetbegovic didn’t want to do it”, Ivanic said.

BiH Minister of Foreign Affairs, Igor Crnadak, said to the media in Banja Luka that the Court decision is the victory of justice over politic. He stressed that it is the best example that BiH cannot exist unless everybody is respected.

“This decision has shown that BiH can function only if all are respected, if the decisions are made jointly, and not force one over the other. This is a victory of justice over politics and it is not good that the Court in Hague had to say what we have claimed for months – that there is no decision on the authority of the agent”, Crnadak said.

He also said that the Ministry of Foreign Affairs must investigate why BiH Embassy in Hague refused to transfer his letter to the Court, because Izetbegovic called Ambassador and instructed her to act like that. Crnadak added that he expected such a decision.

Many politicians in BiH, Bosniak and Serb, consider that this is the end of the case and that there is no more legal ways to continue with the revision. However, Izetbegovic refused to take responsibility and to resign, as some Bosniak politicians demanded. Instead of that, Izetbegovic blamed Croat member of BiH residency, Dragan Covic, for the failure of the revision.

“Covic didn’t support Softic as an agent and in that manner prevented the revision. I will not resign because others tell me to do that. I don’t care what they think. However, I cannot guarantee what the answer of Bosniak people will be in this case, how they will act after the Court’s decision, Izetbegovic said.

He added that “the institution called the International Court of Justice in The Hague” decided to slam the door in the face of those who seek justice, and that this is a political but not legal decision.

Reactions are different in this case and go from approval of the decision to disagreement, depending on the nation. But apart from the Croat member of BiH Presidency, Dragan Covic, none of the Croat politicians commented on the Court’s decision. Covic said that BiH didn’t need a case like this and called other politicians in the state to calm down the situation./ΙΒΝΑ