Office of the President
7 May 2025
Since its founding, Liberland has faced recurring incursions by Croatian authorities into its territory of Gornja Siga. While these incidents have become less frequent and less severe, they have not ceased. The threat remains real.
If we had been given the freedom to develop the territory peacefully, Liberland would already have not just a permanent settlement but actual flourishing futuristic eco city. Since as early as 2023—and indeed before that—there has been consistent interest from people around the world in settling Liberland. That opportunity continues to be hampered by unlawful interference.
How Does Croatia Justify These Actions?
To stop these incursions, we must first understand them. The key question is: Why is Croatia doing this?
We can only speculate. But another question is more directly answerable: How does Croatia justify these actions?
Before 2023, Croatia claimed that their actions in Gornja Siga were purely matters of internal policy. After all, the territory lay outside of Schengen, and they saw the area as under their informal administration - and closed it shut. That changed when Croatia joined the Schengen Area in 2023—just as Liberland began opening up, carefully and legally, to the public.
Since then, the Croatian authorities—often through forestry officials accompanied by police—have entered Gornja Siga repeatedly, not to enforce the rule of law, but to harass settlers, seize private property, and demolish infrastructure. Reports include the theft of solar panels, bicycles, registered trailers and boats, quads, generators, even entire prefabricated homes. These actions occur despite protests from the rightful owners and residents and they continue occurring still: most recently, a mere few days ago, an electric motorcycle was stolen.
Croatia’s Claimed Legal Basis
According to official correspondence from 2023, the Croatian Ministry of Foreign Affairs asked the Serbian embassy whether Croatia, now part of Schengen, was allowed to protect Schengen borders in Gornja Siga—implying permission for Croatian Border Police to act there.
Serbia replied positively—welcoming Croatia’s newfound “recognition of responsibility” over the territory. Croatia interpreted this exchange as the formation of an international agreement that not only justifies border patrols but also permits other state activities in Gornja Siga.
Is That Legal?
In short: No.
The exchange of diplomatic notes between Serbia and Croatia does not constitute a binding international treaty under international law. According to Article 2(1)(a) of the Vienna Convention on the Law of Treaties (1969), a treaty must be:
“an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.”
Where is that instrument? None has been presented. And if the diplomatic notes are the supposed instrument, they have never been made public—contrary to the requirement that treaties affecting third parties (such as residents of Gornja Siga) must be ratified and published.
Even if we accept, for argument’s sake, that the notes form a valid treaty, their content would only support border protection, not forestry actions, building inspections, tourism crackdowns, or—least of all—the seizure of private property.
Domestic Law Violations
Many of the Croatian actions are also incompatible with Croatia’s own Constitution. For instance, under Croatian law, state authorities—including armed police—may only operate within the national territory. Gornja Siga, however, is still an internationally disputed territory. None of Croatia’s organs, be that the Parliament, the executive or the Constitutional Court, has ever definitively ruled it as part of Croatian territory. Indeed, such an attribution would go directly against Croatian interests in the border dispute that made Liberland possible. On the contrary, many official sources such as the Croatian Cadaster show clearly that Gornja Siga is not a part of Croatia.
Furthermore, Croatian foresters appear to derive their authority in Gornja Siga from sub-legal decisions of the Ministry of Economy. Such a basis is insufficient to override constitutional limits. Nor can it justify what amounts to a de facto occupation: Croatian agents acting economically and militarily to control and exploit land beyond their lawful jurisdiction.
Even if such authority did exist, Croatia would still be obligated—under its own administrative law—to provide affected individuals with proper channels to appeal or contest these actions. But Liberland residents have been denied access to Croatian courts. Complaints are dismissed by letter (not formal decision), and courts are claiming they do not have jurisdiction over Liberland-related civil or criminal matters - a flat-out denial of access to justice.
This raises a serious legal problem: A state cannot lawfully carry out administrative actions where there is no judicial oversight.
The Constitutional Implications
Croatia’s Constitution places strict limits on the activities of state organs beyond its territory. If the Ministry of Foreign Affairs has negotiated or acted upon agreements that exceed these constitutional boundaries, it calls into question the validity of such agreements and the legality of their enforcement.
Such actions may not only be unconstitutional—they could expose those involved to disciplinary or legal consequences. They also damage the international reputation of Croatia as a democratic and law-abiding nation.
A Moral Call to Action
Beyond the legal arguments, we must appeal to shared values.
Croatians and Liberlanders both come from a cultural tradition shaped by Christianity, classical philosophy, and a deep-rooted sense of justice. One of the oldest and clearest moral teachings is that stealing is wrong.
While ancient codes sometimes excused taking from outsiders in times of war or conquest, modern European legal and ethical standards no longer make such distinctions. In the West, we believe in universal human dignity, regardless of nationality, gender, ethnicity, or religion. That principle must apply even in disputed territories—and even when it is politically inconvenient.
Under international law, actions that violate the rights of civilians, including the unlawful taking of property, may still be condemned even if the status of the land is unclear. According to Article 38(1)(c) of the Statute of the International Court of Justice, general principles of law recognized by civilized nations are considered a source of international law.
Among these principles, the prohibition of theft is universal.
A Shared Economic Opportunity
In addition to the legal and moral considerations, there is a pragmatic case to be made: Liberland presents an economic opportunity for the region—and for Croatia.
From the beginning, Liberland has attracted entrepreneurs, innovators, and professionals from around the world. Many of these individuals are involved in cutting-edge sectors such as technology, blockchain, remote services, and sustainable development. Their interest in settling in and around Gornja Siga signals a broader potential: a gateway for high-tech activity, responsible tourism, and international cooperation along the Danube.
While Liberland has its own governance framework, our growth benefits the surrounding region. We are not a competitor to Croatia, but a potential partner in regional development. With dialogue and mutual respect, the area could flourish as a hub of innovation, eco-friendly settlement, and cross-border services, boosting economic activity in areas that are currently underutilized.
In this light, cooperation is not just possible—it is desirable. What is now seen as a jurisdictional challenge could become a model of peaceful coexistence and shared prosperity.
We Invite You to Join Us
We call on the Croatian authorities to cease these unlawful incursions, end the robberies of private property, and ensure restitution to those affected.
We also extend an open invitation to all legal scholars, diplomats, human rights defenders, and other professionals interested in justice and the rule of law: Join us. Help us ensure that Liberland can develop peacefully and lawfully, in accordance with international norms and mutual respect between neighbors.
Please contact us at justice@gov.ll.land if you are willing to help us resolve this issue with clarity, dignity, and speed—ideally within this year.
Sources
- The Constitution of the Republic of Croatia
- Vienna Convention on the Law of Treaties (1969)
- Croatian Cadaster, retrieved from: “Zajednički informacijski sustav zemljišnih knjiga i katastra - javna aplikacija (2025)
- Cadastral List 1480 showing territories around Liberland without Liberland being included
- Statute of the International Court of Justice, Article 38(1)
