INTERNATIONAL COURTOF ruSTICE
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:w.icj-cij.org
Communiqué
unofficial
forimmediaterelease
No. 2001/12
24 April 2001
Yugoslavia reguests a revision of the Judgment of 11 July 1996 by which the Court
declared that it bad jurisdiction to adjudicate in the case concerning the Application
of the Convention on the Prevention and Punishment of the Crime of Genocide
(Bosnia and Herzegovina v. Yugoslavia)
THE HAGUE, 24 April2001. Today the Federal Republic of Yugoslavia (FRY) filed an
Application for revision of the Judgment delivered by the International Court of Justice (ICJ) on
Il July 1996 in the case conceming the Application of the Convention on the Prevention and
Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Yugoslavia), Preliminruy
Objections.
In that Judgment (see Press Release No. 96/25), the Court rejected the preliminary objections
raised by Yugoslavia and found that it bad jurisdiction to deal with the case on the basis of
Article IX of the Convention on the Prevention and Punishment of the Crime of Genocide,
dismissing the additional bases of jurisdiction invoked by Bosnia and HerzegThe Court
further found that the Application filed by Bosnia and Herzegovina was admissible.
Yugoslavia contends that a revision of the Judgment is necessary now that it bas become clear
that, before 1November 2000 (the date on which it was admitted as a new Member of the United
Nations), Yugoslavia did not continue the international legal and political personality of the Socialist
Federal Republic of Yugoslavia, was not a Member of the United Nations, was not aState party to
the Statute of the Court, and was not aState party to the Genocide Convention (which is only open to
United Nations Member States ornon~Memb Sates to whicb an invitation to sign or accede bas
• been addressed by the General Assembly).
Yugoslavia bases its Application for revision on Article 61 of th,e Statute of the Court,
which provides in its first paragraph that "an application for revision of a judgment may be made
only when it is based upon the discovery of sorne fact of such a nature as to be a decisive factor,
which fact was, when the judgment was given, unknown to the Court and also to the party
claîming revision, always provided that sucb ignorance was not due to negligence".
Yugoslavia states that its admission to the United Nations as a new Member on
l November 2000 constitutes "a new fact", which was "obviously unknown to both the Court and to
[Yugoslavia] at the time of the 1996 JudgmentIt adds that "since membership in the United
Nations, combined with the status of a party to the Statute [of the Court] and to the Genocide
Convention represent the only basis on which jurisdiction over the FRY was assumed, and could be
assumed, the disappearance of this assurnption ... '[is] clearly of such a nature [as] to be a decisive
factor". -2-
Yugoslavia asserts that no alternative basis fCo~rheju'idiction existed or could have
existed in the case. Yugoslavia further notes that, while on 8:March 2001 it submitted to the United
Nations Secretaty-General a notification seeking accession to the Genocide Convention, that
instrument includes a reservation to Article IX. Moreover, according to Yugoslavia, "accession has
no retroactive effect.Even if it bad [retroactive effect}: this cannat possibly encompass the
compromissory clause in Article IX of the Genocide Conven:tion,because the FRY never accepted
ArticleIX and the FRY'saccessio[tathe Convention] did not encompass Article IX."
'
For ali these reasons, Yugoslavia requests the C~ecl tohat "there is a new fact of such
a charactersto lay the case open to revision under A6]iof the Statute of the Court". lt further
asks the Court to suspend proceedings regarding the meriof~the case until a decision on the
Application for revision is rendered. ·
'
The full text ofYugoslavia's Application for rev{viishortly be available on the Court's
website at the following address: http://www.icj-cij.o·g. •
Information Department:
Mr. Arthur Witteveen, First Secretary (+31 70 302 23 !36)
Mrs. Laurence Blairon, Information Officer (+31 70 392 23 37)
E-mail address: information@icj-cij .org
•
Yugoslavia requests a revision of the Judgment of 11 July 1996 by which the Court declared that it had jurisdiction to adjudicate in the case concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Yugoslavia)