~~ \ · INTERNATIONAL COURT OF JUSTICE
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Communiqué
unofricial
for immedirelease
No, 93/4
22 March 1993
Bosnia and Herzegbringsa case against
Yugoslav(Serbiand Montenegro)
Registrof the InternatiCourt of Justice:to thby thes
On 20 March 1993, the Rof Bosnia and Herzegfilein
the Registof the InternatiCourt of Jusan Application
institutiproceedinagainsYugoslavi(Serband Montenegr"for
violatinthe Genocide Con.vention".
The Applicatreferto severprovisionof the Convenonon
the Preventand Punishmeof the Crime of Genocide of
9 December 1948, as well as of tof the UnitNationswhich
Bosnia and Herzegallegeare violatby Yugoslav(Serbiand
Montenegro)It alsreferin thirespecto the four Geneva
Conventioof 1949 and thAdditionProtocoI of 1977, to the Hague
Human Rights,and Warfof 1907, and to the UniDeclaratiof
The Applicatreferto ArticIX of the Genocide Convastion
the basifor the jurisdiof the Court.
In the ApplicatBosnia and Herzegrequestthe Court to
adjudgand declare:
(a)That Yugosla(Serbiand Montenegbas breacheand is
eontinuito breaehitslegaobligatiotoward the peoand
Stateof Bosnia and Herzeunder ArticI,sII(a)II(b),
II(e)II(d),III(a)III(b)III(c)III(d)III(e)IV, and V of
the Genocide Convention.
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(b) That Yugoslavia (Serbia and Montenegro) bas violated and la
continuing to violate ita legal obligations toward the people and
State of Bosnia and Herzegovina under the four Genevs Conventions of
1949, their Additional Protocol I of 1977, the customary
international laws of war including the Hague Regulations on Land
Warfare of 1907, and other fundamental principles of international
humanitarian law.
(c) That Yugoslavia (Serbia and Montenegro) bas violated and continues
to violate Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15,
16, 17, 18, 19, 20, 21, 22, 23 1 25, 26 and 28 of the Universal
Declaration of Human Rights with respect to the citizens of Bosnia
and Herzegovina.
(d) That Yugoslavia (Serbia and Montenegro) 1 in breach of its
obligations under general and customary international law. has
killed, murdered, wounded raped robbed, tortured kidnapped
illegally detained, and exterminated1 the citizena of Bosnia and
Herzegovina, and la continuing to do so.
(e) That in its treatment of the citizens of Bosnia and
Herzegovina, Yugoalavia (Serbie and Montenegro) bas violated, and is
continuing to violate, its solemn obligations under Articles 1(3),
55 and 56 of the United Nations Charter.
(E) That Yugoslavia (Serbia and Montenegro) bas used and is
continuing to use force and the threat of force against Bosnia and
Herzegovina in violation of Articles 2(1), 2(2), 2(3), 2(4), and
33(1), of the United Nations Charter.
(g) That Yugoslavia (Serbia and Montenegro) 1 in breach of its
obligations under general and customary international law. bas used
and is using force and the threat of for.ce against Bosnia and
Herzegovina.
(h) .That Yugoslavia (Serbia and Montenegro), in breach of its
obligations under general and customary international law. bas
violated and is violating the sovereignty of Bosnia and Herzegovina
by:
- armed attacks against Bosnla and Herzegovina by air and land;
- aerial trespass into Bosnian airspace;
- efforts by direct and indirect means to coerce and intimidate
the Government of Bosnia and Herzegovina.
(i) That Yugoslavia (Serbia and Montenegro), in breach of its
obligations under general and customary internation.al law, bas
intervened and is intervening in the interna! affaira of Bosnia and
Herzegovlna.
(j) That Yugoslavia (Serbia and Montenegro), in recrulting, training
arming, equipping, financing, supplying and otherwise encouraging,
supporting, aiding, and directing milltary and paramilitary actions
in and against Bosnla and Herzegovina by means of its agents and
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surrogates, has violated and is violating its express charter and
treaty obligations to Bosnia and Herzegovina and, in particular, its
charter and treaty obligati.ons under Article 2(4) of the
United Nations Charter, as well as its obligations under general and
customary international law.
(k) That under the circumstances set forth above, Bosnia and Herzegovina
has the sovereign right to defend itself and its people under
United Nations Charter Article 51 and customary international law,
including by means of immediately obtaining military weapons,
equlpment, supplies and troops from other States.
(l) That under the circumstances set forth above, Bosnia and Herzegovina
has the sovereign right under United Nations Charter Article 51 and
customary international law to request the immediate assistance of
any State to come to its defence, lncluding by mllltary means
(weapons, equipment supplies, troops, etn.).
(m) That Security Council resolution 713 (1991), imposing a weapons
embargo upon the former Yugoslavia, must be construed in a manner
that shall not impair the inherent right of individus! or collective
self-defence of Bosnia and Herzegovina under the terms of
United Nations Charter Article 51 and the rules of customary
international law,
(n) That all subsequent Security Council resolutions that refer to or
reaffirm resolution. 713 (1991) must be construed in a manner that
shall not impair the inherent rlght of indl.vidual or collective
self-defence of Bosnia and Herzegovina under the terms of
United Nations Charter Article 51 and the rules of customary
international law.
(o) That Security Council resolution 713 (1991)_ and all subsequent
Security Council resolutions referring thereto or reaffirming thereof
must not be construed to impose an arma embargo upon Bosnia and
Herzegovina, as required by Articles 24(1) and 51 of the
United Nations Charter and in accordance with the customary doctrine
of ultra vires.
(p) That pursuant to the right of collective self-defence recognized
by United Nations Charter Article 51, all ether State parties to the
Charter have the right to come to the immediate defence of Bosnia and
Herzegovina - at lts request - includlng by means of immediately
providing it with weapons, military equipment and supplies, and armed
forces (soldiers, sailors, airpeople, etc.).
(q) That Yugoslavia (Serbia and Montenegro) and its agents and
surrogates are under an obligation to cesse and desist immediately
from its breaches of the foregoing legal obligations, and is under a
particular duty to cease and deslst immediately:
- from its systematic practice of so-called "ethnie cleansing" of
the citizens and sovereign territory of Bosnia and Herzegovina;
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- from the murder, summary execution, torture, rape, kidnapping,
mayhem, wounding, physical and mental abuse, and detention of the
citizens of Bosnia and Herzegovina;
- from the wanton devastation of villases, towns, districts, cities,
and religious institutions in Bosnia and Herzegovina;
from the bombardment of civilian population centres in Bosnia and
Herzegovina, and especially its capital, Saraj eva i
- from continuing the seige of any civilian population centres in
Bosnia and Herzegovina, and especially its capital, Sarajevo;
- from the starvation of the civilian population in Bosnla and
Herzegovina;
- from the interruption of, interference with, or harassment of
humanitarian relief supplies ta the citizens of Bosnia and
Herzegovina by the international community;
- from all use of force - whether direct or indirect, overt or
covert - against Bosnia and Herzegovina, and from all threats of
force against Bosnia and Herzegovina;
- from all violations of the sovereignty, territorial integrity or
political independence of Bosnia and Herzegovina, including all
intervention, direct or indirect, in the interna! affaira of
Bosnia and Herzegovina;
- from all support of any kind - including the provision of
training 1 arma,· ammuniti on, finances, supplies 1 assistance,
direction or any ether form of support - to any nation, group,
organization, movement or individual engaged or planning to engage
ln military or paramilitary actions in or against Bosnia and
Herzegovina.
(r) That Yugoslavia (Serbia and Montenegro) bas an obligation to pay
Bosnia and Herzegovina, in its own right and as parens patriae for
its citizens, reparations for damages to persans and property as well
as to the Bosnian economy and environment caused by the foregoing ,.
violations of international law in a sum to be determined by the
Court. Bosnia and Herzegovina reserves the right to introduce to the
Court a precise evaluation of the damages caused by Yugoslavia
(Serbia and Montenegro),
*
On the same day, the Government of Bosnia and Herzegovina, stating
that:
"The overriding objective of this Request is to prevent
further loss of human !ife in Bosnia and Herzegovina",
and that:
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"The very lives, well-being, health, safety, physical,
mental and bodily integrity, homes, property and persona!
possessions of hundreds of thousands of people in Bosnia and
Herzegovina are right now at stake, hanging in the balance,
awaiting the arder of this Court",
bas filed a request for the indication of provisional measures under
Article 41 of the Statute of the Court.
The provisional measures requested are as follows:
1. That Yugoslavia (Serbia and Montenegro), together with its agents
and surrogates in Bosnia and elsewhere, must immediately cesse and desist
from all acta of genocide and genocidal acts against the people and State
of Bosnia and Herzegovina, including but not limited to murder; summary
executions; torture; rape; mayhem; so-called "ethnie cleansing"; the
wanton devastation of villages, towns, districts and cities; the siege
of villages, towns, districts and cities; the starvation of the civilian
population; the interruption of, interference with, or harassment of
humani.tarian relief supplies to the civilian population by the
international community; the bombardment of civilian population
centres; and the detention of civilians in concentration camps or
otherwise.
2. That Yugoslavia (Serbia and Montenegro) must immediately cesse
and desist from providing, directly or indirectly, any type of support -
including training, weapons, arma, ammunition, supplies, assistance,
finances, direction or any other form of support - to any nation, group,
organization, movement, militia or individual engaged in or planning to
engage in ·military or paramilitary activities in or against the people,
State and Government of Bosnia and Herzegovina.
3. That Yugoslavia (Serbia and Montenegro) itself must immediately
cease and desist from any and all types of military or paramilitary
activities by its own officials, agents, surrogates, or forces in or
against the people, State and Government of Bosnia and Herzegovina, and
from any other use or threat of force in its relations with Bosnia and
Herzegovina.
4. That under the current circumstances, the Government of Bosnia
and Herzegovina has the right to seek and receive support from other
States in arder to defend itself and its people, including by means of
immediately obtaining military weapons, equipment and supplies.
S. That under the current circumstances, the Government of Bosnia
and Herzegovina bas the right to request the immediate assistance of any
State to come to lts defence, lncluding by means of immediately providing
weapons, mllitary equipment and supplies, and armed forces (soldiers,
sailors, airpeople, etc.).
6. That under the curren t ci rcums tan.c es, any State bas the r ight to
come to the immediate defence of Bosnia and Herzegovina - at its
request - including by means of immediately providing weapons, miUtary
equipment and supplies, and armed forces (soldiers, sailors, and
alrpeople, etc.).
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Bosnia and Herzegovina brings a case against Yugoslavia (Serbia and Montenegro)