The former Yugoslav Republic of Macedonia institutes proceedings against Greece for a violation of Article 11 of the Interim Accord of 13 September 1995

Document Number
14881
Document Type
Number (Press Release, Order, etc)
2008/40
Date of the Document
Document File
Document

INTERNATIONAL COURT OF JUSTICE

Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
Website: www.icj-cij.org

Press Release
Unofficial

No. 2008/40
17 November 2008

The former Yugoslav Republic of Macedonia institutes proceedings against Greece
for a violation of Article 11 of the Interim Accord of 13 September 1995

THE HAGUE, 17 November 2008. The form er Yugoslav Republic of Macedonia today
instituted proceedings before the International Court of Justice (ICJ) against Greece for what it
describes as “a flagrant violation of its obligations under Article 11” of the Interim Accord signed
by the Parties on 13 September 1995.

The former Yugoslav Republic of Macedonia seeks “to protect its rights under the Interim
Accord and to ensure that it is allowed to ex ercise its rights as an independent State acting in
accordance with international law, including the right to pursue membership of relevant
international organisations”.

The Applicant contends that in accordance w ith Article11, paragraph1, of the Interim
Accord, Greece “has undertak en a binding obligation under international law ‘not to object to the
application by or the membership of [The former Yugoslav Republic of Macedonia] in
international, multilateral and re gional organizations and instituti ons of which [Greece] is a

member: however [Greece] reserves the right to object to any membership referred to above if and
to the extent [The former Yugoslav Republic of Macedonia] is to be referred to in such
organization or institution differently than in pa ragraph2 of the United Nations Security Council
resolution 817 (1993)’”, i.e. as “The former Yugoslav Republic of Macedonia”.

The former Yugoslav Republic of Macedonia contends that the Hellenic Republic violated
its rights under Article 11 by objecting, in April 2008, to its application to join NATO. The former
Yugoslav Republic of Macedonia cont ends, in particular, that Greece “veto[ed]” its application to
join NATO because Greece desires “to resolve the difference between the Parties concerning the
constitutional name of the Applicant as an es sential precondition” for The former Yugoslav

Republic of Macedonia’s membership of NATO.

The Applicant argues that it has “met its ob ligations under the Interim Accord not to be
designated as a member of NATO with any designa tion other than ‘the former Yugoslav Republic

of Macedonia’” and it affirms that “the subject of this dispute does not concern ⎯ either directly or
indirectly ⎯ the difference [that has arisen between Greece and itself over its name]”.

The former Yugoslav Republic of Macedonia requests the Court to order Greece to
“immediately take all necessary steps to comply with its obligations under Article 11, paragraph 1”

and “to cease and desist from objecting in any way, whether directly or indirectly, to the - 2 -

Applicant’s membership of the North Atlan tic Treaty Organisation and/or of any other
‘international, multilateral and re gional organizations and instituti ons’ of which [Greece] is a

member . . .”.

As a basis for the jurisdiction of the Cour t, The former Yugoslav Republic of Macedonia
invokes Article21, paragraph2, of the Interim Accord of 13September1995 which provides that

“[a]ny difference or dispute that arises betwee n the Parties concerning the interpretation of
implementation of this Interim Accord may be s ubmitted by either of them to the International
Court of Justice, except for the differences referred to in Article 5, paragraph 1”.

___________

The full text of The former Yugoslav Republic of Macedonia’s Application will be available

shortly on the Court’s website (www.icj-cij.org).

___________

Information Department:

Mrs. Laurence Blairon, Secretary of the Court, Head of Department (+31 (0)70 302 2336)
Messrs. Boris Heim and Maxime Schouppe, Information Officers (+31 (0)70 302 2337)

Ms Joanne Moore, Associate Information Officer (+31 (0)70 302 2394)
Mrs. Barbara Dalsbaek, Administrative Assistant (+31 (0)70 302 2396)

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The former Yugoslav Republic of Macedonia institutes proceedings against Greece for a violation of Article 11 of the Interim Accord of 13 September 1995

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