Legality of Use of Force (Yugoslavia v. Spain) - The Court rejects the request for the indication of provisional measures submitted by Yugoslavia and dismisses the case

No. 99/23
2 June 1999

Legality of Use of Force

(Yugoslavia v. Belgium) (Yugoslavia v. Canada) (Yugoslavia v. France)
(Yugoslavia v. Germany) (Yugoslavia v. Italy) (Yugoslavia v. Netherlands)
(Yugoslavia v. Portugal) (Yugoslavia v. Spain) (Yugoslavia v. United Kingdom)
(Yugoslavia v. United States of America)

The Court rejects the requests for the indication of provisional measures

submitted by Yugoslavia

THE HAGUE, 2 June 1999. Today, the International Court of Justice (ICJ) gave its decisions
on the requests for the indication of provisional measures submitted by the Federal Republic of
Yugoslavia (FRY) in the above-mentioned cases.

In its requests, Yugoslavia had asked the Court to order the States involved to "cease
immediately [their] acts of use of force" and to "refrain from any act of threat or use of force" against
the FRY.

In two of the ten cases (Yugoslavia v. Spain and Yugoslavia v. United States of America), the
Court held that it manifestly lacked jurisdiction and ordered that the cases be removed from its List.

In eight of the ten cases (Yugoslavia v. Belgium; Yugoslavia v. Canada; Yugoslavia v.
France; Yugoslavia v. Germany; Yugoslavia v. Italy; Yugoslavia v. Netherlands; Yugoslavia v.
Portugal; Yugoslavia v. United Kingdom), the Court found that it lacked prima facie jurisdiction,
which is a prerequisite for the issue of provisional measures, and that it therefore could not indicate
such measures. A fuller consideration of the question of jurisdiction will take place later. The

Court accordingly remains seized of those cases and has reserved the subsequent procedure for
further decision.

In its reasoning, the Court expresses its deep concern "with the human tragedy, the loss of life,
and the enormous suffering in Kosovo which form the background" of the dispute and "with the
continuing loss of life and human suffering in all parts of Yugoslavia". It sets out its profound

concern with the use of force in Yugoslavia, which "under the present circumstances . . . raises very
serious issues of international law", and emphasizes that "all parties before it must act in conformity
with their obligations under the United Nations Charter and other rules of international law, including
humanitarian law".

The Court explains that its jurisdiction depends upon consent, for there must be acceptance by

a State of the Court's jurisdiction before the Court can determine whether particular acts are
compatible with international law. "The latter question can only be reached when the Court deals
with the merits having established its jurisdiction and having heard full legal arguments by both
parties". The Court stresses however that, "whether or not States accept the jurisdiction of the Court,
they remain in any event responsible for acts attributable to them that violate international law, - 2 -

including humanitarian law", and that "any disputes relating to the legality of such acts are required to

be resolved by peaceful means, the choice of which, pursuant to Article 33 of the Charter, is left to
the parties". In this context, "the parties should take care not to aggravate or extend the dispute".
The Court reaffirms that "when such a dispute gives rise to a threat to the peace, breach of the peace
or act of aggression, the Security Council has special responsibilities under Chapter VII of the
Charter".

*

NOTE FOR THE PRESS

Press Communiqués setting out more fully the reasoning and decisions of the Court are

available for each of the cases. These Communiqués and the full text of the Orders are featured on
the Court's website (address: http://www.icj-cij.org).

Subscribers to the free E-mail notification service of Press Communiqués will receive all of the
Press Communiqués.

Case Communiqué No.

Yugoslavia v. Belgium 99/24
Yugoslavia v. Canada 99/25
Yugoslavia v. France 99/26
Yugoslavia v. Germany 99/27

Yugoslavia v. Italy 99/28
Yugoslavia v. Netherlands 99/29
Yugoslavia v. Portugal 99/30
Yugoslavia v. Spain 99/31
Yugoslavia v. United Kingdom 99/32
Yugoslavia v. United States of America 99/33

____________

Information Office:
Mr. Arthur Witteveen, Secretary of the Court (+ 31 70 302 2336)
Mrs. Laurence Blairon, Information Officer (+ 31 70 302 2337)

E-mail address: [email protected]