Legality of Use of Force (Serbia and Montenegro v. United Kingdom) - The Court extends by one year the time-limits for the filing by Yugoslavia of written statements on the preliminary objections made

INTERNATIONAL COURT OF ruSTICE
Peace Palace, 2517 KJ The Hague. Tel: +31 (0)70 302 23 23. Cables: lntercourt,
The Hague. Fax: +31 (0)70 364 99 28. Telex: 32323. E-mail address:
[email protected]. Internet address:ttp://WWVI.icj-cij.org.

Press Release
Unofficial

No. 2001/5
23 February 2001

Legality of Use of Force
(Yugoslavia v. Belgium) (Yugoslavia v. Canada) (Yugoslavia v. France)
(Yugoslavia v. Germany) <Yugoslavia v. Italy) (Yugoslavia v. Netherlands)
<Yugoslaviav. Portugal) (Yugoslavia v. United Kiugdom)

The Court extends by one year the time-limits for the filing by Yugoslavia
of written statements on the preliminarv objections
made by the Respondent States

THE HAGUE, 23 February 2001. The International Court of Justice (ICJ) bas extended by
one year the time-limits originally fixed for the filing by Yugoslavia of written statements of îts
observations and submissions on the preliminary objections raisedhe eight Respondent States
inthe cases conceming Legality of Use of Force (Yugoslavia v. Belcium) (Yugoslavia v. Canada)
(Yugoslavia v. France) (Yugoslavia v. Germany) (Yugoslavia v. Italy) (Yugoslavia v. Netherlands)
(Yugoslavia v. Portugal) (Yugoslavia v. United Kingdom).

By letter dated 18 January 2001, Yugoslavîa referred inter alia to recent diplomatie
initiatives and requested the Court, for reasons statin that letter, "to grant a stay of the
proceedings or... to extend the time-limît for the submission of observations of Yugoslavia, for a
period of twelve months" in each case. The Respondent States îndicated that they were not
opposed to a stayf proceedings or, if a stay was not possible, to an extension of the time-limit for

the filing of the observations and submîssions ofYugoslavîa on their prelimînary objections.

By Orders of 21 February 2001, the Court, taking account of the agreement of the Parties
and the circumstances of the cases, fixed 5 April 2002 as the new time-limit. The subsequent
procedure was reserved for further decision in each case.
•
History of the proceedings

On 29 April 1999, the Federal Republic of Yugoslavîa instituted proceedings before the
Court against Be1gîum, Canada, France, Germany, Italy, Netherlands, Portugal, Spain, United
Kingdom and United States of America, accusing those States of bombing Yugoslav territory in
violation of their international obligations.

ln its Applications, Yugoslavia pointed out that the above-mentioned States bad committed
"acts ... by which [they] have violated ftheir] international obligation[s] banning the use of force
against another State, not to intervene in the internai affairs of[that State]" and "notto violate fits]
sovereignty"; "[their] obligation[s] to protect the civilian population and civîlian abjints
wartime [and] toprotect the environment"; "[their] obligation[s] relating to free navigation on

international rivers";[their] obligation[s] regarding fundamental human rights and freedoms";
and "[their] obligation[s] not to use prohibited weapons [and] not to deliberately inflîct conditions
of lîfe calculated to cause the physical destruction of a national group". Yugoslavia requested the
Court to adjudge and declare inter athatthe States referred to above were "responsible for the -2-

violation of the above[-mentioned] international obligations" and that they were "obliged 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 arder the States involved to
"cease immediately [their] acts of use of force" and to "refrain from any act ofthreat or use of force
against the Federal Republic ofYugoslavia". Hearings on provisional measures were held on 10 to
12 May 1999 and the Court handed dawn 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 concluded that
it manifestly lacked jurisdiction aîtaccordingly ordered that the cases be removed from its List.

In the ether eight (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 jurisdictiowhich is
one of the prerequisites for the indication of provisional measureand that it therefore could not
indicate such measures; the Court, however, added that it remained seised of those cases and
stressed that its findings,that stage, "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 Goverrunents of
Yugoslavia and [of the respondent States] to submit arguments in respect ofthose questions".

By Orders of 30 June 1999, the Court decided that Yugoslavia should submit a Memorial in
each of the eight cases no later than 5 January 2000 and that the Respondent States (Belgium, •
Canada, France, Germany, Italy, Netherlands, Portugal and United K.ingdom) should each submit a

Counter-Memorial by not later than 5 July 2000.

Within the time-limits thus fixed, Yugoslavia filed its Memorials and the eight Respondent
States then raised preliminary objections to jurisdictionand admissibility. By Orders of
8 September 2000, the Vice-President of the Court, Acting President in the eight proceedings,
taking account of the views of the Parties and the special circurnstances of the cases, fixed
5 Apri12001 as the time-limit for the filing of 'Nritten statements of its observations and

submissions on those preliminary objections.

The full text of the eight Orders wîll shortly be available on the Court's website at the

following address: bttp://www.icj-cij.org •

Information Department:
Mr. Arthur Witteveen, First Secretary(+ 31 70 302 23 36)

Mrs. Laurence Blairon, Information Officer + 31 70 302 23 37)
E-mail address: [email protected]