Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Extension of the time-limit for the filing of the Rejoinder

INTERNATIONAL COURTOFJUSTICE

Peace Palace, 2517 KJ The Hague. Tel.(31-70-302 23 23). Cables: Intercourt, The Hague.
Telefax (31-70-364 99 28). Telex 32323. Internet address : http: Il www.icj-cij.org

Communiqué
unofficial

for immediate release

No. 98/44
17 December 1998

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

Extension of the time-limit for the filing of th~oinder of Yugoslayia

THE HAGUE, 17December f998. The International Court of Justice (ICJ) bas extended the
time-limit for the filing the Rejoinder ofYugoslavia in the case concerning Application of the
Convention on the Prevention and Punjsbment ofthe Crime of Genocide (Bosnia and Herzegovina
v. Yugoslavja.).

By an Order of Il December 1998, the Court extended the time-limit for the filing of that
Rejoinder from 22 January 1999 ta 22 February 1999.

The Order was made following a request from Yugoslavia and after the views ofBosnia and
Herzegovina bad been ascertained.

The subsequent procedure was reserved for further decision.

Background infonnation

On 20 March 1993, Bosnia and Herzegovina filed an Application instituting proceedings

against Yugoslavia in respect of a dispute concerning alleged violations of the Convention on the
Prevention and Punishment of the Crime of Genocide of 9 December 1948. As the basis of the
jurisdictionf the Court, Bosnia and Herzegovina invoked Article IX of that Convention.

In its Application, Bosnia and Herzegovina, among other claims, requested·the Court ta
adjudge and declare that Yugoslavia, through its agents and surrogates, "bas killed, murdered,
wounded, raped, robbed, tortured, kidnapped, illegally detained, and exterminated the citizens
Bosnia and Herzegovina", that it bas to cease immediately this practice of so-called "ethnie

cleansing" and pay reparations.

On 20 March 1993Bosnia and Herzegovina alsosubmitted arequest for provisional measures
(an interim injunction). Hearings were held on 1 and 2 April 1993, and by an Order dated

8 April 1993the Court indicated that Yugoslavia "should immediately ... take ali measures within
its power to prevent commission of the crime of genocide" and that bath Yugoslavia and Bosnia
and Herzegovina "should not take any action ... which may aggravate or extend the existing
dispute". The Court limited its provisional measures to requests falling within the jurisdiction

conferred on it by the Genocide Convention. - 2 -

On 27 July 1993 Bosnia and Herzegovina filed a second request for provisional measures,
followed on 10 August 1993 by a request for provisional measures ofYugoslavia.Hearings were
held on 25 and 26 August 1993 and by an Order dated 13 September 1993 the Court reaffirmed
themeasures indicated earlier, adding that they should be immediately and effectively implemented.

A preliminary objection to the jurisdictionof the Court was then raised by Yugoslavia.
Hearings took place between 29 April and 3 May 1996 and on 11 July 1996 the Court delivered
a Judgment dismissing the objection and holding thatit had jurisdiction to adjudge the dispute.

By an Order of 23 July 1996, the President of the Court, taking into account the views
expressed by the Parties, fixed July 1997as the time-limit for the filing of the Counter-Memorial
of Yugoslavia. Within the prescribed time-limit, Yugoslavia filed its Counter-Memorial and

counter-claims.

In these counter-claims Yugoslavia asked the Court adjudge that "Bosnia and Herzegovina
is responsible for the acts of genocide committed against the Serbs in Bosnia and Herzegovina" and
that ithas the obligation to punish the persans he1d responsible" for these acts. lt also asked the
Court to rule.that "Bosnia and Herzegovina isbound to take necessary measures so that the said acts

would not be repeated" and "to eliminate ali consequences of the violation" of the Genocide
Convention.

In an Order of 17 December 1997 the Court held that Yugoslavia's counter-claims were
"admissible as such" and that they formed "part the currentproceedings" in the case. It directed
the Parties to submit further written pleadings on the merits of their respective claims and fixed

time-limits for the filinga Reply by Bosnia and Herzegovina and of a Rejoinder by Yugoslavia.
By an Order of 22 January 1998, these time-limits were extended to 23 April 1998 and to
22 January 1999 respectively, at the request of Bosnia and Herzegovina.

Bosnia and Herzegovina fi1ed its Reply within the time-limit so extended.

Website of the Court: http://www.icj-cij.org

Information Office: •

Mr. Arthur Witteveen, Secretary of the Court (tel: 31-70-302 2336)
Mrs. Laurence Blairon, Information Officer (tel: 31-70-302 2337)
E-mail address: [email protected]