Legality of Use of Force (Serbia and Montenegro v. Portugal) - Hearings on provisional measures to open on Monday 10 May 1999

INTERNATIONAL COURT OF JUSTICE
Peace Palace, 2517 KJ The Hague. Te1.(31-70-302 23 23). Cables: Intercourt, The Hague.
Telefax (31-70-364 99 28). Telex 32323.Internet address: http: // www.icj-cij.org

Communiqué
unofficial
forimmediate release

No. 99/17
29 April 1999

Yugoslavia institutes proceedings against ten Statesfor violation of
the obligation not to use force against another State and reguests

the Court to order that the use of force cease immediately

Hearings on provisional measures to open on Monday 10 May 1999

THE HAGUE, 29 April 1999. The Federal Republic of Yugoslavia (FRY) today instituted
proceedings before the International Court Justice (ICJ) against (separately and in the following
order) the United States of America, the United Kingdom, France, Germany, ltaly, the Netherlands,
Belgium, Canada, Portugal and Spain, accusing these States of bombing Yugoslav territory in
violation of theîr obligation not to use force against another State.

In its Applications; Yugoslavia maintains that the above-mentioned States have committed
"acts by which [they] have violated [their] international obligation[s] not to use force against another
State, not to intervene in [that State'sJ internai affairs" and "not to violate [its] sovereignty";

"the obligation to protect the civilian population and civilian abjects in wartime, [and] to protect
the environment; the obligation relating to free navigation on international rivers"; the obligation
"regarding the fundamental rights and freedoms; and the obligation[s] not to use prohibited
weapons [and] not to deliberately inflict conditions of life calculated to cause the physical

destructionof a national group".

Yugoslavîa bas requested the Court to adjudge and declare inter alia that the ten States against
which. it bas instituted proceedings are "responsible for the violation of the above[-mentîoned]
international obligations", that they are "obliged to stop immediately" that violation and that they

are "obliged to provide compensation for the damage done".

According to Yugoslavia, the above·mentioned States, "together with the Govemments of
other Member States of NATO, took part in the acts of use of force against the FRY". Yugoslavia
asserts that both military and civilian targets have come under attack during bombings, causing

many casualties ("about 1,000 civilians, încluding 19 children, were killed and more than 4,500
sustained serious injuries"), enonnous damage to schools, hospitals, radio and television stations,
cultural monuments and places of worship, the destruction of a large number of bridges, roads and
railway lines, as weil as oil refineries and chemical plants, resulting in serious health and

environmental damage.

As the legal basis for its claims, Yugoslavia cites the obligations not to use force against
another State and not to intervene in its internai affairs, the provisions of the Geneva Convention
of 1949 and of the Additional Protocol No. 1 of 1977 on the Protection of Civilians and Civihan

Objects inTime ofWar, the 1948 Convention on Free Navigation on the Danube, the International
Covenant on Civil and Political Rights, the 1966 International Covenant on Econorrùc, Social and
Cultural Rights, and the Convention on the Prevention and Punishment of the Crime of Genocide.
Yugoslavia further points out that the activiofethe States involved are "contrary to Article 53,

paragraph 1, of the Charter of the United Nations". - 2 -
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Yugoslavia also filed today, in each of the cases, a request for interim measures of:protection
(provisional measures), asking the Court to order the States involved "cease immediately [their]
acts of use of force" and to "refrain from any act of threat or use of force against the Federal

Republic of Yugoslavia".

It maintains that if the proposed measures are not adopted, there will be "new: !osses of

human life, further physical and mental hann inflicted on the population of the FRY, further
destruction of civilian targets, heavy environmental pollution and further physical destiuctiof
the people of Yugoslavia".

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At a meeting held today, the Court decided that hearings on provisional measur~ou opend

on Monday 10 May 1999 at 10.00 a.m. They are expected to last two days. :
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Vice-President Weeramantry will exercise the functions of the presidency in ali ~te cnses,

President Schwebel being a national of one of the Parties. !

The full texts of Yugoslavia's Applications and requests for the indication ofp~ovisional
measures will be available shortly on the Court's website (http://www.icj-cij.org). ·

NOTE FOR THE PRESS

1. The public sittîngs will be held in the Great Hall of Justice ofthe Peace Pala:ce in The
Hague, the Netherlands. Mobile telephones and beepers are allowed in the courtroom provided
they are turned off or set on silent mode. Any offending deviee will be temporarily(retained.
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2. Members of the Press will be entitled to attend on presentation of a press card. The tables
reserved for them are situated on the far left of the public entrance of the courtroom.

3. Photographs may be taken for a few minutes at the opening and at the end of th:esittings. •
Television crews may film, but advance notice should be given to the Information o'ffice (see

paragraph 7).

4. In the Press Room, located on the ground floor of the Peace Palace (Room 5), the Court's

proceedings will be relayed through a loudspeaker.

S. The verbatim records of the public sîttings will be published daily on the Court's website.

6. Members of the Press who wish to make telephone caUs may use the phone loca,tedin the

Press Room for collect caUs or the public telephones in thest Office in the basement ofthe Peace
Palace.

7. Mr. Arthur Witteveen, Secretary of the Court (tel: 31-70-302 2336), and
Mrs. Laurence Blairon, Information Officer (tel: 31-70-302 2337), are available to deal:with any
requests for information and for making arrangements for television coverage. 1