Pitanje državnosti Nezavisne Države Hrvatske
THE QUESTION OF THE STATEHOOD OF THE INDEPENDENT STATE OF CROATIA

Summary/Abstract: The author analyzes the issue of the formation of the Independent State of Croatia (Nezavisna Država Hrvatska) in light of international law and the teachings concerning the establishment of the state, pointing out the disagreements concerning this issue that can be found in the existing literature, which in large part are motivated by either ideological-political reasons or a misunderstanding of the historical facts. Because international legal experts almost without exception agree that the formation of this state was an event or process which cannot in its entirety be explained in legalistic terms or using an international law framework, the formation of this state is judged according to the so called principle of effectiveness and has no connection to the nature of the regime which came into being to govern this state. In accordance with this principle, but also with the fact that the vast majority of Croats desired independent statehood, this author believes that the Independent State of Croatia established in 1941 was established both in actuality and in law as a state.

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