Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Second request for the indication of provisional measures

INTERNATIONAL COURT OF JUSTICE

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Communiqué
unofficial

for immediate release
No._ 93/21
28 July 1993

Application of the Convention on the Prevention and
Punishment of the Crime of Genocide
(Bosnia and Herzegovina v. Yugoslavia (Serbia and Montenegro))

Second request for the indication of provisional measures

The following information is communicated to the Press by the
Registry of the International Court of Justice:

As reported in Press CommuniquéNo. 39/9 of 8 April 1993, the Court
on that day issued an Order in which, responding to a request by Bosnia
and Herzegovina for the indication of provisional measures, it called
upon Yugoslavia (Serbia and Montenegro) to "immediately •.• take al!
measures within its power to prevent commission of the crime of
genocide". The Court's Order stated that Yugoslavia

"should in particular ensure that any military, paramilitary or
irregular armed units which may be directed or supported by it,
-as well as any organizations and persons which may be subject
to its control, direction or influence, do not commit any acts
of genocide, of conspiracy to commit genocide, of direct and
public incitement to commit genocide, or of complicity in
genocide, whether directed against the Muslim population of

Bosnia and Herzegovina or against any ether national, ethnical,
racial or religious group".

The Court also indicated that neither Party should "aggravate or
extend the existing dispute over the prevention or punishment of the
crime of genocide, or render it more difficult of solution".

On 27 July 1993 the Republic of Bosnia and Herzegovina filed a
second request for the indication of provisional measures, stating that:

"This extraordinary step is being taken because the
Respondent bas violated each and everyone of the three measures
of protection on behalf of Bosnia and Herzegovina that were
indicated by this Court on 8 April 1993, to the grave detriment
of both the People and State of Bosnia and Herzegovina. In
addition to continuing its campaign of genocide against the
Bosnian People - whether Muslim, Christian, Jew, Croat or
Serb - the Respondent is now planning, preparing, conspiring
to, proposing, and negotiating the partition, dismemberment,

annexation and incorporation of the sovereign state of Bosnia
and Herzegovina - a Member of the United Nations Organization -
by means of genocide."

The provisional measures now requested are as follows:

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"L That Yugoslavia (Serbia and Montenegro) must
immediately cease and desist from providing, directly or
indirectly, any type of support - including training, weapons,

arms, ammunition, supplies, assistance, finances, direction or
any ether form of support - to any nation, group, organization,
movement, military, militia or paramilitary force, irregular
armed unit, or individual in Bosnia and Herzegovina for any
reason or purpose whatsoever.

2. That Yugoslavia (Serbia and Montenegro) and all of its
public officiais - including and especially the President of
Serbia, Mr. Slobodan Milosevic - must immediately cease and
desist from any and all efforts, plans, plots, schemes,
proposais or negotiations to partition, dismember, annex or
incorporate the sovereign territory of Bosnia and Herzegovina.

3. That the annexation or incorporation of any sovereign
territory of the Republic of Bosnia and Herzegovina by
Yugoslavia (Serbia and Montenegro) by any means or for any
reason shall be deemed illegal, null, and void ab initie.

4. That the Government of Bosnia and Herzegovina must have
the means 'to prevent' the commission of acts of genocide
against its own People as required by Article 1 of the Genocide
Convention.

S. That al! Contracting Parties to the Genocide Convention
are obliged by Article 1 thereof 'to prevent' the commission of
acts of genocide against the People and State of Bosnia and
Herzegovina.

6. That the Government of Bosnia and Herzegovina must have
the means to defend the People and State of Bosnia and
Herzegovina from acts of genocide and partition and
dismemberment by means of genocide.

7. That all Contracting Parties to the Genocide Convention
have the obligation thereunder 'to prevent' acts of genocide,
and partition and dismemberment by means of genocide, against
•
the People and State of Bosnia and Herzegovina.

8. That in order to fulfill its obligations under the
Genocide Convention under the current circumstances, the
Government of Bosnia and Herzegovina must have the ability to
obtain military weapons, equipment, and supplies from other
Contracting Parties.

9. That in order to fulfill their obligatins under the
Genocide Convention under the current circumstances, all
Contracting Parties thereto must have the ability to provide
military weapons, equipment, supplies and armed forces
(soldiers, sailors, airpeople) to the Government of Bosnia and
Herzegovina at its request.

10. That United Nations Peacekeeping Forces in Bosnia and
Herzegovina (i.e., UNPROFOR)must do al! in their power to
ensure the flow of humanitarian relief supplies to the Bosnian
People through the Bosnian city of Tuzia."

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