Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Order of the Court on provisional measures

iNTERNATIONALCOURT OF JUSTICE

PeacePalace,251KJ The Haye. Tel. (-73924441). Cables:IntercT,he Hague.

Tclcfax(O7-3649928).Telex32323. Comncunr'gué

unofficial
for irninediate rclease

13 September 1993

Applicationof the Conventionon the Prevention
and Punishmentof the Crimeof Genocide
(Bosniaand Herzepovinav. Yunoslavia(Serbiaand Montenepro))

Order of the Courton ~rovisionalmeasures

The Hague, September13. The International Courotf Justicetoday
issuedan interim order of provisional measurerseaffirming thmeeasures
it orderedon April 8, 1993, whenBosnia-Herzegovinafirstmoved in the
Court against Yugoslavia(Serbia-Montenegro).It held that "thepresent
periloussituation demandsn ,ot an indicationof provisionalmeasures
additionalto those indicatedby the Court'sOrder of8 April 1993,but
imrnediataend effective implementatioof thosemeasures".

The Court declined to adopmtore far-reachinginjunctions requested
by Bosniaas wellas an injunctionsoughtby YugoslaviarequiringBosnia
to take al1 measureswithin its powerto preventcommissionof the crime
of genocide againstthe Serbs in Bosnia. In decliningBosnianrequests,
among others,to interdict plans to partitionBosnianterritory,to
declareannexationof Bosnianterritoryto be illegal,and tohold that
Bosnia musthave the means to preventacts of genocideand partition by
obtainingmilitary suppliest ,he Court pointed ou that ithad prima
faciejurisdiction in this cas to order interimmeasuresonly within the
scope of the jurisdictionconferredon it by the Conventionon the
Preventionand Punishmentof the Crimeof Genocide. It was not entitled
to deal with broader claims.

At the same time, the Court recorded thatsince its Order of
April 8, anddespiteit and many resolutions of the UnitedNations
Security Council,"greatsufferingand loss of life has been sustained by
the populationof Bosnia-Herzegovinain circumstanceswhich shock the
conscienceof mankindand flagrantly conflicw tith moral law..." It
observedthat the "graverisk"which the Court apprehendei dn April of
the dispute overthe commissionof genocidein Bosniabeing aggravated
and extended "hasbeen deepenedby the persistenceof conflicts"on its
territory"and the commission of heinousacts in thecourseof those
conflicts". The Court declared that it is "not satisfiedthat al1 that
might have been done has been done" to preventgenocide in Bosnia,nd
remindedthe partiesto the case that theywere obligedto take the
Court's provisional measures "seriously a intount". At the stageof provisional measure s incidentaland urgent
proceedingswhich precedeconsideration of the merits - the Court cannot
make definitivefindingsof fact or of law. That awaitsthe laterstage
of the merits.

The measures indicatedin April and todayreaffirmed are as follows:

"The Governmentof the Federal Republiocf Yugoslavia
(Serbia and Montenegro should immediatelyi ,n pursuance of its
undertakingin the Conventionon the Preventionand Punishment
of the Crime of Genocideof 9 December1948, take al1 measures
within its powerto prevent commissioo nf the crime of genocide;

The Governrnenof the FederalRepublicof Yugoslavia
(Serbia and Montenegro shouldin particularensurethat any
military, paramilitaro yr irregulararmedunits whichmay be
directedor supported byit, as wellas any organizations and
personswhich maybe subjectto its control, directioo nr

influence,do not commit any acts of genocide,of conspiracyto
commitgenocide,of directand public incitement to commit
genocide, orof complicityin genocide, whether directed
againstthe Muslim populationof Bosniaand Herzegovinaor
againstany other national, ethnical,racialor religiousgroup;

The Governmentof the Federal Republiocf Yugoslavia
(Serbia and Montenegro) and G theernmentof the Republicof
Bosniaand Herzegovinashouldnot take any actionand should
ensurethatno action is takenwhich mayaggravateor extend
the existingdispute overthe preventionor punishmentof the
crimeof genocide,or renderit more difficult of solution."

In today'svote, Judge Nikolai Tarassov(Russia)was joinedby the
ad hoc Judge appointedby Yugoslavia,MilenkoKreca, in voting against
the first twomeasures; Judge Kreza dissented from thtehird.

The Court,a 15-memberbody, is the principaljudicialorgan of the
UnitedNations.