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European Observer on fundamental right's respect

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Other Decisions Decision General List No. 118 (03/02/2015)

Authority: International Court of Justice

Date: 02/03/2015

Subject: The International Court of Justice rejected the claim lodged by Croatia and the following counter-claim lodged by Serbia, stating that the crimes committed on the Croatian territory between 1991 and 1995, even though they are included in article II (a) and (b) of the Convention, cannot be considered as genocide for the lack of dolus specialis or mens rea (intention of destroy, totally or partially, a national, ethnic, racial or religious group as such) and, therefore, there is no liability according to the said Convention

Parties: Case concerning application of the Convention on the prevention and punishment of the crime of genocide (Croatia v. Serbia)

Original language: English

Classification: Dignity - Art. 1 Human dignity - Art. 2 Right to life - Art. 3 Physical and mental integrity - Art. 4 Torture - Inhuman punishments - Degrading punishments - Inhuman treatments - Degrading treatments - Equality - Art. 21 Non discrimination

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