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INTERNATIONAL COURTOFJUSTICE
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: Il www.icj-cij.org
Communiqué
unoffieial
forimmediate release
No. 99/39
2 July 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. United Kingdom)
The Court fixes time-limits for the filing of written pleadings
THE HAGUE, 2 July 1999. The International Court of Justice (ICJ) bas fixed time-limits
for the filing of written pleadings in the above-mentioned cases.
By Orders of30 June 1999, the Court decided that the Federal Republic ofYugoslavia (FRY)
should submit a Memorial in each of the eight cases by 5 January 2000 and that the respondent
States (Belgium, Canada, France,·Germany, Italy, Netherlands, Portugal and United Kingdom)
should each submit a Counter-Memorial by 5July 2000.
The Court fixed those time-limits taking into account the relevant provisions of its Rules, in
particular Article 45, which provides that "the pleadings in a case begon by means of an application
shall consist, in the following arder, a Memorial by the applicant and a Counter-Memorial by
the respondent".
The Court further referred to the meeting held with the Parties on 28 June 1999 by
Judge Weeramantry, Vice-President, Acting President. At that meeting the respondent States
requested thâ.t the question of the jurisdiction of the Court and, for certain States (Belgium,
Canada, Netherlands and United Kingdom), the additional question of the admissibility of
Yugoslavia'sApplications - should be separately determined before any proceedings onthe merits.
Yugoslavia opposed those requests and stated that it wished to be permitted to submit a Memorial
on the merits of the dispute. lt pointed out that the respondent States would be entitled to raise
preliminary objections (to the Court's jurisdiction and, if need be, to the admissibility of
Yugoslavia's Applications) within the time-limit fixed for their Counter-Memorials. Yugoslavia
envisaged a time-limit of approximately six months for the preparation of its written pleadings.
Background information
On 29 April 1999 the Federal Republic ofYugoslavia instituted proceedings before the Court
against Belgium, Canada, France, Germany, ltaly, the Netherlands, Portugal, Spain, the United
Kingdom and the United States of America, accusing those States of bombing Yugoslav territory
in violation of their obligation not to use force against another State.
In its Applications, Yugoslavia maintained that the above-mentioned States had cornmitted
"acts by which {they]have violated {their]international obligation{s]not to use force against another
State, not to intervene in [that State's] internai affairs" and "not to·violate [its] sovereignty",
"the obligation to protect the civilian population and civiHan abjects in wartimIand] to protect - 2 -
the environment; the oblîgation 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 !ife calculated to cause the physical
destructionof a national group".
Accordingly, Yugoslavia requested the Court to adjudge and declare inter alia that the ten
States against which it instituted proceedings were "responsible for the violation of the
above[-mentioned] international obligations", that they were "obligedop immediately" that
violation and that they werebliged to provide compensation for the damage done".
On the same day Yugoslavia also filed, in each of the ten cases, a request for interim
measures of protection (provisional measures), asking 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 Federal Republic of Yugoslavia".
Hearings on provisional measures were held on 10 to 12 May 1999 and the Court handed e
down its decision in each of the cases on 2 June 1999. In two 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.n the other eight (Yugoslavia v. Belgium;
Yugoslavia v. Canada; Yugoslavia v. France; Yugoslavia v. Germany; Yugoslavia v. ltaly;
Yugoslavia v. Netherlands; Yugoslavia v. Portugal; Yugoslavia v. United Kingdom), the Court
found that it lacked prima facie jurisdictwhich is a prerequisite for the issue of provisional
measures- and that it therefore could not indicate such measures. The Court, however, $aid that
it remained seised ofthose cases and stressed that its findings "in no way prejudge[d] the question
of the jurisdiction of the Court to deal with the merits" of the cases and left "unaffected the right
of the Governments of Yugoslavia and [of the respondent States] to submit arguments in respect
of those questions''.
Website of the Court: http://www.icj-cij.org
Information Office:
Mr. Arthur Witteveen, Secretarythe Court (+ 31 70 302 23 36) •
Mrs. Laurence Blairon, Information Offic+r31 70 302 23 37)
E-mail address: [email protected]
Legality of Use of Force (Serbia and Montenegro v. Germany) - The Court fixes time-limits for the filing of written pleadings