Non-Corrigé Traduction
Uncorrected
'i' Translation
CR 99/33 (traduction)
CR 99133(translation)
Mercredi 12 mai à 16h25
Wednesday 12 May at 4.25 p.m. - 2 -
Le VICE-PRESIDENT, faisant fonction de président: La Cour va maintenant entendre
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l'affajrequi opposelaYougoslavie à l'Espagneet j'invite lejugad hoc pour l'Espagneà sejoindre
à nous. Cette procédureva commencer dans quelques minutes. J'appelle à la barre M. Giralda,
agent de l'Espagne.
Mr. GIRALDA: Mr. President, Members of the Court, in my presentation yesterday 1
referred to two bases of jurisdiction alleged by the Federal Republic of Yugoslavia in its
Application againstSpain, that is ta say Article 36, paragraph 2, of the Statute of the International
Court of Justice and Article IX of the Convention on the Prevention and Punishment of the Crime
ofGenocide. 1showedthat the conditions contained in Spain'sdeclaration of29 October 1990and
the reservation made by Spain in respect of the whole of Article IX of that Convention bath
constitute valid objections to the Court'sjurisdiction the present case.
The opposing Party having failed evento contest mycountry'sarguments,1propose to restate
to the Court the subrnissions1have already made to it.
But first allow me once againto denounce the manifest intention of the Federal Republic of
Yugoslaviato usethis Court for the purposesofpolitical propaganda with no respectfor the highest
judicial organ of the international community. In this connection 1 would like to recall one
reference to the Kingdom of Spain, amongst many, made by the distinguished counsel for the
Federal Republic of Yugoslavia. He declared himself astonished that certain respondent States li'
denounced the total absence of evidence to support the accusations against them. The Court can
see here another attempt to lead it into a political discussion completely foreign to the nature of its
jurisdiction. Rather than taking partin this manoeuvre, Spain,,out of respect for the Court, has
chosen to respond to the Application in the terms in which it bas been expressed, that is ta s(1
quote from the original language version): "Application of the Federal Republic of Yugoslavia
against the Kingdom of Spain for violation of the obligation notto use force". Mr. President,
Members of the Court, here is further proof of the effrontery used to attempt to distract your
0 9 attention from the question of law raised. Spain re-affmns its political solidarity with the other
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Members of the Atlantic Alliance. But it acts before [what is] a court of law in respecting the terms
according to which it was summoned to this hearing.
In another statement by the opposing Party in its reply this moming, my country was
mentioned aga in inrelation to the need to take account of each Party's intentions in interpreting the
terms of its unilateral declaration accepting the compuJsory jurisdiction of the Court. You were
told,in particular, that the intention of the Federal Republic of Yugoslavia in depositing its
declarationof25 April 1999 was precisely to submit to the Court the dispute which bas given rise
to its applications against Spain and the other respondent States. This declaration provides Spain
with another basis for objecting to the Court'sjurisdiction. Mayremind the Court that, in its own
declaration pursuant to Article 36, paragraph 2, the Kingdom of Spain limits its acceptance of the
compulsory jurisdiction of the Court by excluding, in paragraph 1 (b), "disputes in regard to which
the other party or parties have accepted the compulsory jurisdictionof the Court on!y in relation
to or for the purposes of the dispute in question".
For this reason and for the others already submitted to the Court, 1 conclude in once again
requesting the Court to:
1. Declare that it bas no jurisdiction to adjudicate upon the Application filed by the Federal
Republic of Yugoslavia;
2. Reject the request of the Government of the Federal Republic of Yugoslavia for the
indication of provisional measures against the Kingdom of Spain;
3. Decide to remove this case from the General List of the Court. ·
Mr. President, Members of the Court, thank you for your kind attention.
Le VICE-PRESIDENT, faisant fonction de président: Je vous remercie, M. Giralda. Ceci
achève l'exposé du Royaume d'Espagne dans l'affaireentre la Yougoslavie et l'Espagne. La Cour
va maintenant reprendre ses audiences dans l'affaire entre la Yougoslavie et le Royaume-Uni de
1 0 Grande-Bretagne et d'Irlande du Nord. Le juge ad hoc pour l'Espagne va maintenant êtreescorté
hors du prétoire. Nous le remercions d'avoir si~g avec nous.
La séanceest levée à 16 h 35."'
Traduction