Declaration of intervention of Slovenia

DECLARATION OF INTERVENTION OF THE
REPUBLIC OF SLOVENIA
INTERVENTION PURSUANT TO ARTICLE 63 OF THE STATUTE OF THE
INTERNATIONAL COURT OF JUSTICE
24 November 2022
To the Registrar, International Court of Justice, the undersigned being duly authorized by the
Government of the Republic of Slovenia:
1. On behalf of the government of the Republic of Slovenia, 1 have the honour to submit to the
Court a Declaration of Intervention pursuant to Article 63 paragraph 2 of the Statute of the
Court in the Case concerning The Allegations of Genocide under the Convention on the
Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation).
2. Article 82, paragraph 2, of the Ru les of the Court provides that a declaration of a State's des ire
to avail itself of the right of intervention conferred upon it by Article 63 of the Statute shall
specify the case and the convention to which it relates and shall conta in :
(a) particu/ars of the basis on which the dec/arant State considers itse/f a party to the
convention;
(b) identification of the particular provisions of the convention the construction of which it
considers to be in question;
( c) a statement of the construction of th ose provisions for which it con tends;
(d) a list of documents in support, which documents sha/1 be attached.
3. Those matters are addressed in sequence below, following some preliminary observations.
PRELIMINARY OBSERVATIONS
4. On 26 February 2022, Ukraine instituted proceedings against the Russian Federation in a dispute
concerning the interpretation, application or fulfilment of the Convention on the Prevention and
Punishment of Genocide (the "Genocide Convention").
S. ln paras. 4-12 of its Application instituting proceedings, Ukraine contends that there is a dispute
between Ukraine and the Russian Federation within the meaning of Article IX relating to the
interpretation, application or fulfilment of the Genocide Convention.
6. On substance, Ukraine claims that the use of force by the Russian Federation in or against Ukraine
since 24 February 2022 on the basis of alleged genocide, as well as the recognition that preceded the
military operation, is incompatible with the Convention, quoting Articles 1-111 thereof (paras. 26-29 of
the Application) .
7. Following a request for provisional measures from Ukraine, the Court ordered on 16 March 2022 that:
(1) the Russian Federation shall immediately suspend the military operation that it
commenced on 24 February 2022 in the territory of Ukraine;
(2) The Russian Federation shall ensure that any military or irregular armed units which
may be directed or supported by it, as well as any organizations and persan which may
be subject to its contrai or direction, take no steps in furtherance of the military
operations referred to in points (1) above; and
(3) Bath Parties shall refrain from any action which might aggravate or extend the dispute
before the Court or make it more difficult to resolve.
8. As of date of this Declaration, Russia has failed to comply with the Orcier, has intensified and expanded
its military operations on the territory of Ukraine and has thus aggravated the dispute pending before
the Court.
9. On 30 March 2022, as contemplated by Article 63, paragraph 1, of the Statute of the Court, the
Registrar duly notified the Government of the Republic of Slovenia as a party to the Genocide
Convention that by Ukraine's application the Genocide Convention " is invoked bath as a basis for the
Court's jurisdiction and the substantive basis of Ukraine's claims on the merits". The registrar also
noted that:
"Ukraine seeks to find the Court's jurisdiction on the compromissory clause contained in Article IX of
the Genocide Convention, asks the Court to declare that it has not committed a genocide as defined
in Articles Il and Ill of the Convention, and raises questions concerning the scope of the duty to prevent
and punish genocide under Article I of the Convention. lt the refore appears that the construction of
the Genocide Convention will be in question in this case" 1
.
10. lt is the understanding of the Republic of Slovenia that the Genocide Convention is of utmost
importance to prevent and punish genocide. Any acts committed with an intent to destroy, in whole
or in part, national, ethnical, racial or religious group constitutes a crime under international law. The
1 Letter from the Regist rar of the Court of 30 March 2022 - see Annex A.
prohibition of genocide is a jus cogens norm in international law.2 The rights and obligations enshrined
by the Convention are owed ta the international community as a whole (rights and obligations erga
omnes partes)3. ln such a situation, when the treaty embodies matters of collective interest, the late
Judge Cançado Trindade called upon ail State Parties ta contribute ta the proper interpretation of the
treaty as sort of a "collective guarantee of the observance of the obligations contracted by the State
parties" .4
11. By this present Declaration, the Republic of Slovenia avails itself of the right ta intervene conferred
upon it by Article 63, paragraph 2, of the Statute.
This Court has recognized that Article 63 confers a "right" of intervention.5 The Court has also
underlined that an intervention 11 is limited ta submitting observations on the construction of the
convention in question and does not allow the intervenor, which does not become a party ta the
proceedings, ta deal with any other aspect of the case before the Court; and whereas such intervention
cannot affect the equality of the Parties ta the dispute" .6
12. Consistent with the restricted scope for interventions under Article 63 of the Statute, the Republic of
Slave nia will present its interpretation of the relevant Articles of the Genocide Convention in line with
customary rules of interpretation as reflected in Article 31 of the Vienna Convention on the Law of
Treaties.7 lt notes that Article 63 of the Statute does not make a distinction between provisions in a
Convention, which relate ta jurisdictional issues and those, which relate ta substantive provisions.
According ta Judge Schwebel 11intervention in the jurisdictional phase of a proceeding is within the
2 Case Concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide
(Bosnia and Herzegovina v. Serbia and Montenegro), Judgment, I.C.J. Reports 2007, p. 43, at p. 111, paras. 161-
162.
3 Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v.
Myanmar), Provisional Measures, Orcier of 23 January 2020, I.C.J. Reports 2020, p. 3 with further references;
Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v.
Myanmar), Judgment of 22 July 2022, p. 36, para. 107.
4 Separate Opinion of Judge Cançado Trindade, attached to Whaling in the Antarctic (Australia v. Japan),
Declaration of Intervention of New Zealand, Orcier of 6 February 2013, I.C.J. Reports 2013, p. 33, para 53.
5 Haya de la Torre (Colombia v. Peru), Judgment, I.C.J. Reports 1951, p. 76; Continental Shelf (Tuni sia/Libyan Arab
Jamahiriya), Application for Permission to lntervene, Judgment, I.C.J . Reports 1981, p. 13, para. 21.
6 Whaling in the Antarctic (Au stralia v. Japan), Declaration of Intervention of New Zealand, Orcier of 6 February
2013, I.C.J. Reports 2013, p. 3, at p. 9, para. 18.
7 Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v.
Myanmar), Judgment of 22 July 2022, p. 31, para. 87: "The Court will have recourse to the ru les of customary
international law on treaty interpretation as reflected in Articles 31 to 33 of the Vienna Convention on the Law
ofTreaties of 23 May 1969"; see also Application of the International Convention On the Elimination of Ali Forms
of Racial Discrimination (Qatar v. United Arab Emirates), Preliminary Objections, Judgment of 4 February 2021,
p. 24, para. 75 with furth er references.
scope of rights with which States are endowed by the terms of Article 63"8. lndeed, in both situations,
States may offer their assistance to the Court in the construction of a particular Convention.
Accordingly, interventions on both aspects are allowed9
, and the wording in Article 82 of the Ru les to
file a declaration "as soon as possible" confirms that the filing of an Article 63 declaration is admissible
at this stage of the proceedings.
13. At present, the Republic of Slovenia focuses on the construction of Article IX of the Convention on the
jurisdiction of the Court.
14. The Republic of Slovenia does not seek to become a party to the Proceedings and accepts that the
Genocide Convention's construction given by the judgment will be equally binding upon it. lts
intervention will not address issues of application of the Convention.
15. The Republic of Slovenia also wishes to assure the Court that the intervention was filed "as soon as
possible and no later than the date fixed for the opening of the oral proceedings" as stipulated in
Article 82 of the Rules of the Court. lt requests to be provided with copies of ail pleadings filed by
Ukraine and Russia, as wel l as any annexed documents, in line with Article 85, paragraph 1, of the Rules
of the Court. lt further informs the Court that it is willing to assist the Court in grouping its intervention
together with similar interventions from other EU Member States for future stages of the proceedings,
if the Court deems such a move useful in the interest of an expedient administration of justice.
BASIS ON WHICH THE REPUBLIC OF SLOVENIA IS PARTY TO THE CONVENTION
16. The Republic of Slovenia has succeeded the former Socialist Federal Republic of Yugoslavia as of 25
June 1991 as a Party to the Genocide Convention.
The act of notification of succession in respect of United Nations Conventions is published in the
Official Gazette of the Republic of Slovenia - M P, n. 35/92.
8 See Opinion of Judge Schwebel in Military and Paramilitary Activities in and against Nicaragua (Nicaragua v.
United States of America) (Declaration of Intervention of El Salvador), Orcier of 4 October 1984, I.C.J. Reports
1984, p. 223, at pp. 235-236.
9 MN Shaw (ed), Rosenne's Law and Practice of the International Court 1920-2015 (5th ed, Vol Ill, Brill Nijhoff
2016), p. 1533; H. Thirlway, The Law and Procedure of the International Court of Justice: Fifty Years of
Jurisprudence (Vol 1, OUP 2013), p. 1031; A. Miron/C. Chinkin, "Article 63" in: Zimmermann/Tams/OellersFrahm/
Tomuschat (eds), The Statute of the International Court of Justice: A Commentary (3rd ed . OUP 2019), p.
1741, at p. 1763, note 46.
The declaration on the succession of the UN conventions was deposited in the UN Secretariat on 6 July
1992. The UN Secretary-General confirmed the succession of the Republic of Slovenia in a note dated
22 October 1992, with the effect of the declaration as of 25 June 1991.
PROVISIONS OF THE CONVENTION IN QUESTION IN THE CASE:
JURISDICTION
17. Article IX of the Genocide Convention reads as follows: "Disputes between the Contracting Parties
relating to the interpretation, application or fulfilment of the present Convention, including those
relating to the responsibility of a State for genocide or for any of the other acts enumerated in Article
111, shall be submitted to the International Court of Justice at the request of any of the parties to the
dispute."
18. The Republic of Slovenia contends that the notion of "dispute" is already well-established in the case
law of the Court and supports the current interpretation. Accordingly, it concurs with the meaning
given to the word dispute as "a disagreement on a point of law or fact, a conflict of /ego/ views or of
interests" between parties.10 ln order for a dispute to exist, "[i]t must be shown that the claim of one
party is positive/y opposed by the other" .11 The two sides must "hold clearly opposite views concerning
the question of the performance or nonperformance of certain international obligations" .12 Moreover,
"in case the respondent has fai/ed ta reply ta the applicant's claims, it may be inferred from this silence,
in certain circumstances, that it rejects those claims and that, therefore, a dispute exists" 13
•
19. The Republic of Slovenia hence concentrates on the interpretation of the other parts of Article IX,
namely that the scope of such disputes must be "relating to the interpretation, application or fulfilment
of the present Convention". lt contends that Article IX is a broad jurisdictional clause, allowing the
Court ta adjudicate upon disputes concerning the alleged fulfilment by a Contracting Party of its
obligations under the Convention. As Judge Oda noted, the inclusion of the word "fulfilment" is
10 Mavrommatis Palestine Concessions, Judgment No. 2, 1924, P.C.1.J., Series A, No. 2, p. 11.
11 South West Africa (Ethiopia v. South Africa; Liberia v. South Africa), Preliminary Objections, Judgment of 21
December 1962, I.C.J. Reports 1962, p. 319, at p. 328.
12 Application of the International Convention on the Elimination of Ali Forms of Racial Discrimination (Qatar v.
United Arab Emirates), Provisional Measures, Orcier of 23 July 2018, I.C.J . Reports 2018, p. 406, at p. 414, para.
18; ICJ, Alleged Violations ofSovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia),
Preliminary Objections, Judgment, I.C.J. Reports 2016, p. 3, at p. 26, para. 50, citing lnterpretation of Peace
Treaties with Bulgaria, Hungary and Romania, First Phase, Advisory Opinion, I.C.J. Reports 1950, p. 74.
13 Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v.
Myanmar), Judgment of 22 July 2022, p. 27, para. 71.
"unique as compared with the compromissory clauses found in other multilateral treaties which
provide for submission of the International Court of such disputes between Contracting Parties as
relate to the interpretation or application of the treaties in question"14
.
20. The ordinary meaning of the phrase " relating to the interpretation, application or fulfilment of the
Convention" may be divided in two sub-categories.
21. The first point (" relating to") establishes a link between the dispute and the Convention.
22. The second point ("interpretation, application or fulfilment of the Convention") encompasses many
different scenarios. As Professor Kolb has observed, Article IX of the Convention is "a model of clarity
and simplicity, opening the seizing of the Court as largely as possible"15 .
23. There can be a dispute about the interpretation, application or fulfilment of the Convention when one
State alleges that another State has committed genocide16
. ln that scenario, the Court verifies the
factual basis for such allegation: if it is not satisfied that there were any acts of genocide actually being
committed by the respondent State, it may decline its jurisdiction, also prima facie17
•
24. While this scenario of (alleged) responsibility for acts of genocide constitutes an important type of
dispute on the " interpretation, application or fulfilment" of the Convention, it is not the only one. For
example, in The Gambia v. Myanmar (pending), the applicant claimed that the defendant was not only
responsible for prohibited acts under Article 111, but that it was also violating its obligations under the
Convention by failing to prevent genocide in violation of Article 1; and failing to punish genocide in
violation of Articles I, IV and V18
. ln that example, one State alleges that another State is not honouring
its commitment to "prevent" and "punish" genocide, because it grants impunity to acts of genocide
committed on its territory. Therefore, there can also be disputes about "non-action" as a violation of
the substantive obligations under Article 1, IV and V.
14 Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and
Herzegovina v. Serbia and Montenegro), Preliminary Objections, Declaration of Judge Oda, I.C.J. Reports 1996
(Il), p. 627, para. 5 (emphasis in the original).
15 R. Kolb, "The Compromissory Clause of the Convention", in : Paola Gaeta (ed), The UN Genocide Convention : A
Commentary, (OUP 2009), p. 420.
16 Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and
Herzegovina v. Serbia and Montenegro), Judgment, I.C.J. Reports 2007, p. 43, at p. 75, para. 169.
17 Case Concerning Legality of Use of Force (Yugoslavia v. France), Provisional Measures, Orcier of 2 June 1999,
I.C.J. Reports 1999, p. 363, at pp. 372-373, paras. 24-31. Later, the ICJ declined its jurisdiction on the ground that
Serbia and Montenegro did not have access to the Court, at the time of the institution of the proceedings, un der
Article 35 of the Statute (see e.g. ICJ, Case Concerning Legality of Use of Force (Serbia and Montenegro v. France),
Preliminary Objections, Judgment of 15 December 2004, I.C.J. Reports 2004, p. 595).
18 Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v.
Myanmar), Judgment of 22 July 2022, p. 12, para. 24, Points (1) (c), d) and (e).
25. Therefore, the ordinary meaning of Article IX makes it clear that there is no need to establish genocidal
acts as a basis to affirm the Court's jurisdiction. Rather, the Court has jurisdiction over the question
whether genocidal acts have been or are being committed or not.19 Hence, it also has jurisdiction
ratione materiae to declare the absence of genocide and the violation of a good faith performance of
the Convention, resulting in an abuse of the law. ln particular, the jurisdiction of the Court extends to
disputes concerning the unilateral use of military force for the stated purpose of preventing and
punishing alleged genocide20
.
26. The context of the phrase ("relating to ... ") further confirms this reading. ln particular, the unusual
feature of the words "including" in the intermediate sentence indicates a broader scope of Article IX
of the Convention when compared to standard compromissory clause21
. Disputes relating to the
responsibility of a State for genocide or for any of the other acts enumerated in Article Ill are therefore
only one type of dispute covered by Article IX, which are "included" in the wider phrase of disputes
"re lating to the interpretation, application and fulfilment" of the Convention22
. Moreover, Article IX
expressly provides for ICJ jurisdiction "at the request of any of the parties to the dispute" (emphasis
added). This language suggests that a State accused of committing genocide has the same right to
submit the dispute to the Court as the State making the accusation. ln particular, such a State may
seek a "negative" declaration from the Court that the allegations from another State that it was
responsible for genocide are without legal and factual foundation.
27. Hence, the context of the phrase ("relating to" ) in Article IX confirms that the Court's jurisdiction goes
beyond disputes between States about the responsibility for alleged genocidal acts, but also covers
disputes between States about the absence of genocide and the violation of a good faith performance
of the Convention, resulting in an abuse of the law.
28. Finally, the abject and purpose gives further support to the wide interpretation of Article IX. The Court
noted that '1a}II the States parties ta the Genocide Convention [thus] have a common interest to ensure
19 Allegations of Genocide un der the Convention on the Prevention and Punishment of the Crime of Genocide
(Ukraine v. Russian Federation), Orcier of 16 March 2022, p. 10, para . 43; Application of the Convention on the
Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar), Orcier of 23 January 2020, I.C.J.
Reports 2020, p. 14, para. 30.
20 Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide
(Ukraine v. Russian Federation), Orcier of 16 March 2022, p. 11, para. 45.
21 Case Concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide
(Bosnia and Herzegovina v. Serbia and Montenegro), Judgment, I.C.J. Reports 2007, p. 43, at p. 75, para. 169.
22 See also the Written Observations of The Gambia on the Preliminary Objections raised by Myanmar, 20 April
2021, pp. 28-29, para. 3.22 ("The inclusion of disputes "relating to the responsibility of a State for genocide"
among those that can be brought before the Court unmistakably means that responsibility for genocide can be
the abject of a dispute brought before the Court by any contracting party").
the prevention, suppression and punishment of genocide, by committing themselves ta fulfilling the
obligations contained in the Convention"23
• Famously, in its 1951 Advisory Opinion, the Court held24:
"The abjects of such a convention must a/sa be considered. The Convention was man if est/y adopted for
a pure/y humanitarian and civilizing purpose. Jt is indeed difficult ta imagine a convention that might
have this dual character ta a greater degree, since its abject on the one hand is ta safeguard the very
existence of certain human groups and on the other ta confirm and endorse the most e/ementary
principles of morality. ln such a convention the contracting States do not have any interests of their
own; they merely have, one and al/, a common interest, nome/y, the accomp/ishment of th ose high
purposes which are the raison d'être of the convention. Consequently, in a convention of this type one
cannot speak of individual advantages or disadvantages ta States, or of the maintenance of a perfect
contractua/ balance between rights and duties. The high ideals which inspired the Convention provide,
by virtue of the common wi/1 of the parties, the foundation and measure of al/ its provisions" .
29. The Convention's abject to protect the most elementary principles of mora lity also prohibits any
possibility of a State Party to abuse its provisions for other means. lt would undermine the
Convention's credibility as a universal instrument to outlaw the most abhorrent crime of genocide if
its authority could be abused by any State Party without a possibility of the victim of such abuse to
turn to the Court. The purpose of the Convention hence speaks loudly in favour of a reading of Article
IX, according to which disputes relating to the interpretation, application and fulfilment include
disputes about the abuse of the Convention's authority to justify a State's action vis-à-vis another State
party to the Convention.
30. ln conclusion, the ordinary meaning of Article IX of the Convention, its context and the abject and
purpose of the entire Convention show that a dispute regarding acts carried out by one State against
another State based on fa Ise daims of genocide fa lis under the notion of "dispute between Contracting
Parties relating to the interpretation, application or fulfilment of the present Convention". Accordingly,
the Court has jurisdiction to declare the absence of genocide and the violation of a good faith
performance of the Convention, resulting in an abuse of the law. ln particular, the jurisdiction of the
Court extends to disputes concerning the unilateral use of military force for the stated purpose of
preventing and punishing alleged genocide.
23 Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v.
Myanmar), Judgment of 22 July 2022, p. 36, para. 107.
24 Reservations to the Genocide Convention, Advisory Opinion of 28 May 1951, I.C.J. Reports 1951, p. 23.
DOCUMENTS IN SUPPORT OF THE DECLARATION
47. The following is a list of the documents in support of this Declaration, which documents are attached
hereto
(a) Letter from the Registrar of the International Court of Justice to the Ambassador of the Republic of
Slovenia to the Kingdom of the Netherlands (30 March 2022);
(b) The declaration on the succession of the UN Conventions by the Government of the Republic of
Slovenia.
CONCLUSION
48. On the basis of the information set out above, the Republic of Slovenia avails itself of the right
conferred upon it by Article 63 paragraph 2 of the Statute to intervene as a non-party in the
proceedings brought by Ukraine against the Russian Federation in this case.
49. The Republic of Slovenia reserves the right to amend or supplement this Declaration in the course of
written and oral observations and by filing a further declaration with the Court.
50. The government of the Republic of SI ove nia has appointed the undersigned as Agent for the purposes
of this Declaration, t ogether with Jozef Drofenik, Ambassador of the Republic of Slovenia to the
Kingdom of the Netherlands, as Co-agent. The Registrar of the Court may channel all communication
through them at the following address:
Embassy of the Republic of Slovenia in The Hague
Anna Paulownastraat 11
2518 BA The Hague
Netherla nds
Respectfully,
Dr Marko Rakovec, Agent of the Government of the Republic
of Slovenia
Annex A: Letter from the Registrar of the International Court of Justice to the Ambassador of the
Republic of Slovenia to the Kingdom of the Netherlands (30 March 2022);
Annex B: The declaration on the succession of the UN Conventions by the Government of the Republic
of Slovenia.
COUR. INTERNATIONALE
DE JUSTICE
1 NTERNAT!ONAL COURT
OF JUSTICE
156413 30 Marcb 2022
I have the honour to refer to my letter (No. 156253) dated 2 March 2022 informing your
Government that, on 26 February 2022, Ukraine filed in the Registry of the Court an Application
instituting proceedings against the Republic of the Russian Federation in the case conceming
Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of
Genocide (Ukraine v. Rùssian Federation). A copy of the Application was appended to that letter.
The text of the Application is also available on the website of the Court (www.icj-cij.org)..
Article 63, paragraph 1, of the Statu te of the Court provides that:
[ w ]henever the construction of a convention to which States other than those concemed
in the case are parties is in question, the. Registrar shall nbtify ail such States forthwith".
Fmther, under Article 43, paragraph 1, of the Rules of Court:
"Whenever the construction of a convention to which States other than those
concemed in the case are parties may be in question within the meaning of Article 63,
paragraph 1, of the Statute, the Court shall consider what directions shall be given to the
Registrar in the matter."
On the instructions of the Court, given in accordance with the said provision of the Rules of
Court, I have the honour to notify your Government of the following.
In the above-mëntioned Application, the 1948 Convention on the Prevention and Punishment
of the Crime of Genocide (hereinafterthe "Genocide Convention") is invoked both as a basis of the
Court's jurisdiction and as a substantive basis of the Applicant's claims on the merits. In particular,
the Applicant seeks to found the Court's jurisdiction on the compromissory clause contained in
Article IX of the Genocide Convention, asks the Court to declare that it has not committed a genocide
as defined in Articles II and III of the ConventiQn, and raises questions concerning the scope of the
duty to prevent and punish genocide under Article I of the Convention. It therefore appeàrs that the
construction of this instrument will be in question in the case.
[Lettèr to the States parties to the Genocide Convention
( except Ukraine and the Russian Federation)]
Peace Palace, Camegieplein 2
2517 KJ The Hague - Netherlands
./.
Palais de la Paix, Carnegieplein 2
2517 KJ La Haye - Pays-Bas
Téléphone : +31 (0) 70 302 23 23 - Facsimilé: +31 (0) 70 364 99 28
Site Internet : www.icj-cij.org
Telephone: +31 (0) 70 302 23 23 - Telefax: +31 (0) 70 364 99 28
Website: www.icj-cij .org
COUR INTERNATIONALE
DE JUSTICE
INTERNATlONAL COURT
OF JUSTICE
Y our country is included in the list of parties to the Genocide Convention. The present letter
should accordingly be regarded as the notification contemplated by Article 63, paragraph l, of the
Statu te. I would add that this notification in no way prejudges any question of the possible application
of Article 63, paragraph 2, of the Statute, which the Couti may later be called upon to determine in
this case.
Accept, Excellency, t.he assurances of my highest consideration.
- 2 -
{ .. ~\~--·i·
1. ~. / ~. '· !·
\~ii
REPUBLIC OF SLOVENI/\
Ministry for Foreign Affai rs
Your Excellency,
Ljubljana, 1 July 1992
I have the honour to inform you on the position of the
Republic of Slovenia concerning international treaties
concluded by SFR Yugoslavia .
When declaring independence on 25 June, 1991 the Parliament
of the Republic of Slovenia determined that international
treaties which had been concluded by the SFRY and which
related to the Republic of Slovenia remained effective on
its territory (Article 3 of the Constitutional Law on the
implementation of the Constitutional Charter on the
Independence and Sovereignty of the Republic of Slovenia -
Official Gazette of the R. S. No .1/91). This decision was
taken in consideration of customary international law and of
the fact that the Republic of Slovenia, as a former
constituent part of the Yugoslav Federation, had granted its
agreement to the ratification of the international treaties
in accordance with the then valid constitutional provisions .
The Republic of Slovenia therefore in principle acknowledges
the continuity of treaty rights and obligations under the
international treaties concluded by the SFRY before 25 June,
1991, but since it is likely that certain treaties may have
lapséd by the date of independence of Slovenia or may be
outdated, it seems essential that each treaty be subjected
to legal exarnination .
The Government of the Republic of Slovenia has examined 55
mu1tilateral treaties for which Your Excellency has assumed
the deposi tary functions. I have the honour to inform you
that the Republic of Slovenia considers to be bound by these
treaties by virtue of succession to the SFR Yugoslavia in
respect of the territory of the Republic of Slovenia. Please
find a list of these treaties attached to this letter .
Other treaties, for which the Secretary- Generai of the
United Nations is the depositary and which had been ratified
by the SFRY, have not yet been examined by the competent
authorities of the Republic of Slovenia. We will inform you
on our position concerning these treaties in due course.
61000 Ljubljana , Gregorëiëeva 2 5, Slovenia
Phone ++ 38 61 15 03 00 , Pax ++3 8 61 21 33 57
Please accept, Your Excellency, the assurances of my highest
consideration.
His Excellency
Mr. Boutros Boutros-Ghali
Secretary-General of
the United Nations
New York
Dr. Dimitrij Rupel
M i n i s t e r
. , '
' . ,1'
,,
J\EPU()Llf, or SLOVEl'IIA.
Minisuy l'or Foreign Afl'airs
./i..QD..E.fiD..;._îJJ1
LjnbJ.jan.a, 1 July 1992
LIST OF MULTILATERAL 'TREA.TIES REFERRED TO IN THE LETTER
DA1ED 1 JULY 1~92
1. convention on the Privileges and Immunities of the
United Nations of 13 February 1946;
2. Convention on the PriviJ.eges and Immunities of the
Specic!.lized .Agencïes of 21 Nov12nùJer ]_94 7;
) The nepublic of Slovenia will apply fhe Con~~ntion to
ILO, FAO, UNE.SCO, IMFr IBTID, ViHO, OPU, ITiJ, WMO, IFAD
-and v-JIPO.
3. Vienna Convention on Diplomatie Relations·bf 18 April
1961';
4. Optional Protocol to tb.e Vü-:.nDë\ convention on. Diplomatie
Rela.t.ions concerning ·the Corhpulsory Se-ttlem·ent of
Dispü:tes of 10 April 1961;
5 _ \!ienna Convention on Consnla.r Relations of 24 April
1963;
6. Convention on Speci.al Missions of 8 Decernber 1969;
7. Convention on the Preventio:n and Punishmen.t of ci:·imes
against Internationally Protected Persans, including
Diplomatie Agents of 11, _cl.ecclnber 197 3;
8. Vienna Converition on the Representation of States in
their Relations with Inte:crv11:ional Organizations of a
Universa l Cha~acter of 1L1 Mm.:-ch 1975;
9. Convention on the Preventior1 and ·Pnnishment of the Crime
of Genocide of 9 D0cember J.'3H!;:
10 . Convention for the suppreGEüon of the Traffic Persans
and of the Exploitation of the Prostitution of Ot..hers
of 21 Ma.rch 1"950;
11. Supplementary Convention on th2 hbolition of Slavery,
the Slave Trade, and I~stit~tions and Practices
SimiJ.ar to Sla.very o:f 7 sept.emL1er: 1956;
12. International Convention on tJie CJ.imination of A.11 Forms
---H--- -• ♦ ' -
(>~_<!,'_l?/.i_•~! lj ;1 l1il . .. i; l'I ' /(•> ri: Î (· I' V ;1 '.\ !',. SI o v l!l\ j il
l'l111111• 1 1 '\Il r, 1 1 r, 01 011, !';1~ , i ; :\'-Il /11 :~ ,~i,--;,7·
- ---- ________ ,., ·-----
_)
of Racial Discrimination of 7 Mar6h 1966;
· 13. ln.ternati.onaJ. Covenant on 'F: c o11c)rnj c, Social and Cul tura1
Rights of 16 . Dccernbe r l~GG;
14 '.
l e::
::J •
16.
International Covenant on Civil ~na Political Rights o f
16 December 1966;
'I'he Parliament of the RepubJ.j_c of S lovenia adopted the
follmüng Declaration: '1Republic of Slovenia, in.
accordance with Arti~le 41 of the said Covenant,
recognizes t11e competence of L·l·ie llurnan Rights Commit.tee
to receive and c9nsider cornnn.uücations subrnitted by
another State Party to tb e effec t that astate Party
claims that another State Pa~ty is not ·fulfilling its
obligations under the Covenant."
Convention on the Non-Applicability of Statutory
Limitations to War Grimes Rad Cr imes against Humanity
of 26 November 1968;
Interné;J_tional Convention on the Suppression and
l?unj_,shment of the Cr'Lme ot: /1,pn·r u1.eid of 3 0 Novernber
l:l'/3;
' 17. Convention on the Elirn~nation of All Forms of Discrimination
aga~nst Women of_ J.B Uec~ e:. fnber 1979;
18" Convention on the Politic.al lU.ghts of Women of 31 :March
1953;
19 . Convention on the Nationality o f Married Women of 20
February 1957;
20 . Convention on the Rights o f tho . Child of 20 November
1989;
The Republic of . Slovenia res0 rves the rigll'!: not to a.pply
paragraph lof Ar ticle 9 of the Convention since the
f n t:ernal législation of t:.hc l·lPpllbl.i.c ot: SJovenia
providc~s fo'r the right of cornpe!·.ent . author itie s
( centres fbr soc~al work) t:o de ,~.ennine on separation of
a child from 11.i s /ller par ents 1,Iitl"1out a prev:Lous j1..1dicial
r e v i. e;.,,r:
21. convention r .ela_ting to the Statu.s of Refugees .o'f 28 ,July
1951;
22. Convention relating to the Sta~us of Stateless Persans
of 28 September 1954 ,
23. Protocol relatipg to the Sta tus of Refugees of 31
,January 1967;
24 . Vienna Convention on the L rn,1 of 'l'rea.ties of 23 Ma.y J.969;
2 5 - Vienna Conventi.on on Succesë:, i 1)n or: Stê!t.es in respect of
Tr~aties of 23 August 191n;
26. Internat.i.onaJ. Convention ASJ.:Ütrn !: l~he Tal-c.ing of I-Iostagef;
of 17 December 1979,
27. Convention on Long-Range Transboundary Air Pollutiori of
13 November 1979_;
28.
29.
Protoaol to the 1979 Convention on Long-Range
Transboundary Air Po l l u tion on Lon'.g-Term Financing
of the Co-Operative Prograrr@e for Monitor ing and
Evaluéit.ion of the Long- Range Transmission of Air
Pollutants in Europe (EMEP) of 2B September 1984;
Vienna Convention for the P~otection of the Ozone
Layer of 2 !{\,,J-1arch 19 8 5;
') 30. Montreal Prot.ocol on S 11!JrjLi)J.1Ce'.3 Ll ia t~ tJeple-te ··the
Ozone Lafer of 16 September 1987;
1
_j
31.- Convention on Psyhotrop.i c S1~hsl-. anr.es o.E 21 February
1971;
32 .. Single Convention on Narcotic Drugs, 1961 , as amended
by ~he Protocol of 25 March ]972 · amending the Single
Convention on Narcotic Drugs, 1 961 of 8 August 1975;
United Nations Convention Against Illicit ~raffic in
Narcotic Drngr; and Psy11ot.ropi c· Saix:; t·.an.C;0s of ::o Dl~cember
198B;
'I'he Mini stry for Heal t.h, Family and Social Security of
the Republic of Slovenia i s authorised to issue
certificat.es tor traffic with_narcotic drugs.
34. Convention on the Recovery l\11ror.Jd of Ma.intenance of
20 ,June 1956;
The Govern.ment. of the Rep11t1 !. i.e or Sloveni,::i designates
the Mini stry for Heal th, Family and ,Social Security as a
coropentent ai.lthori ty for the pu.:cposes envisagec1 i n
Ar.ticJe 2 of t.J.1e Conven 't-. io11 _
J 5 . Convention concerning Custorn F.::1cj_l j_ U.es foj:· Touring of
4 ,June 1 9 54;
36. cu,~toms Convention on thQ 'J.'('i.11f_)(n,:1 t-y Importation of
Private Road Vehicles of 4 ~un~ 1954;
37. Custrn:ns Convention · on the I.n!:.8n1ational Transport of
Goods under Caver of TIR carnets (TIR Convention) of
11.t November 1-97 5;
38. Convention and Statute on Fr0edom of Transit of 20
Apri l 192lï
,,
1 J.
39. Declaration on the Constructioo of Maih International
Traffic Arteries of J.6 Septem~er lYG0;
40. AgreemeQt on Signs for Road Wd~ks of lG December 1955;
41- Convention on the Contract for the International
Carriage of Goods by Road (CMR) of 19 May 1956;
42. European Agreement concerning the International Carriage
of Dangerous Goods . by Road (ADR) Qf 30 Septe~ber 1957;
a) Protocol to the Convention on the Contract for t:.he
International Carriage of Goods by Road of 21 August
197 5,;
43. Convention on Road traffic of 8 November 1968;
In accordance with paragraph 4 oE Article _45 the
Government of the Republic of Slovenia has the honour to
inforrn t.hat tbe (J.i.sU.ng11ü;J1i.nq F: i qn of vel1icJ.es
reg1s t.ered in the R.epub lie of S l oven.i.u in :Ln ternél 1.:.lonal
traffic is '1SLO".
11-1 : r-:11r0pe.=:i.n Agr.eemenl: supp·1r111,:'r1! i 11,:i 1hr: C'.0 11vrc· n'I: i_on on nor1c'l
'.L'rnU:.ic opened -for ,<3j_grwLu.rc.· i\ 1: v.Lc~11né.1 on 'fl r,~c)vember
1968. Concluded at Geneva on 1 May 1971;
45. -European Agreement 011 Main Intc.rnational Traffic
Arteries (AGR) of 15 November 1975;
46. European Agreement on Main International R~ilway Lines
of 31 May 1985;
47. International Convention on the Harrnonization of
Frontier Control of Goods of 21 October 1982;
40. Agreement on the Importation of Educational, Scientific
and Cul tural Materütls of 22 f,Jovember 1950;
) 49. Pro-t.oc:ol l:o l:h e /\9reemc11!·. 0 11 Ll 1r: 1 u1port.;:i l:ion oi
Educationa l, Sei en U .f ic and 1. : 11 1 1 u 1--ë, l Ma 1-.er ia 1s. of
22 November 1950. Concluded at Nairobi on 26 November
1976;
~
50. Convention on the Teiitori~l Sen and Contiguous Zone of
29 April 1958·;
51. Convention on the High Seas of 29 Aprj_l 195B;
52 .· Convention on Proh.ibi tion.s or Restrictions on -t-.11 1~ U.se of
certain Conventional Wea.po:os wlüch may be clee;:ned t.o be
_exessively injurious 9r io have indisbriminate effects
of 10 October 1980;
53. Convention on the Recognitio11 and Enforcernent of Foreign
Arbitral Awards of 10 June 1958;
l
j
In accorda.nce with paragra.ph 3 of arl::icJ.e 1 the Republic
of Slovenia will apply the Convention, on the basis of
reciprocity, -1:.o the reco9n:i.ti.ou und enforcement of only
those awa.rds mad.e in the terri tory of a.nother
Contracting State. The Republit of Slovenia will apply
the Convention only to differences arising out of legal
relat;.ionships, whether cont.racl:ua.l or n.ot, which are
considered as commercial under the national law of the
Republic of Slovenia.
54. E-uropean Convention on Internat.i ona\ Com1ftercial
Arbitration of 21 April J.961;
55. International Agree~ent for the Establishment of the
UniversH:.y for Peace of 5 Decenlber 1980;
,I, ....... ·--··--·-· --·-- -·-·----"-----------···-··-·-•···--
/- 15: .1..1 1 Ed 'i'OF-1<
UrHTED I",;A Tiü:"iS
Tti.... 212-779-15'31
1 1
l'L':. r,, ,_ ";1\:!1"-. - ·• · l-,>'i..:.i:..::. )C,,ô-:'>.i..:: .Jhl-C::i •1 -.,::;'fS , Il, '( •c.in
~AD'-; .-, c:rnnr;-A..:::ncu: Tr::L~Cl'lf.~Ml0VE. V!'i,&.ï :ONl 14Cl';'l'YQ,'p (
acmctic~.U,.,. 41 TR/221/1 ( 3-1) (3-2) (3 -3) (J-5), etc .
The Secretary-General of the United tfat.io11s pr~sents
h-J..s compliments to the Permanent Represeptati ve of the Republic
of Slovenia to t.he United Nations and has tha honour. to confirm
the deposit, on 6 july 1992, of the notification of succession
by the Government of Slovenia to t:he following treaties:
1- Convention on the Privileges and Immunities of the
Unite~ Nations, adopted by the General Assembly of
the Uni~ed Nations on 13 February 1946;
2- Convention on the Privileges and lromunities of the
Specialized Agencies, approved by the
General Assembly of the United Nations on
21 November 1947, in respect of ILO, FAO, UNESCO, IMF,
IBRD, WHO, UPU , ITU, WMO, IFC, IDAï···\HPO · and IFAD;
3- Vi.enna Convention on Diplomatie Relations, done at
Vienna on 18 April 1961;
4- Optional. Protocol to the Vienna Convention ~n
Diplomatie Relations concerning the Gompulsory
Settlement of Disputes, clone at Vienna on
18 Apri.l 1%1;
5- Vienna Conventio!1 on Consular Relations, done ac
Vienna on 24 April 1963;
6- Convention on Special Missions, adopted by the
General Assernbly of the United Nations on
8 Decernber 1969;
7- Convention on che Prevendor, and Pwüshment of Crimes
against Internacionally Procected Persans , including
Di·~lcrna.-cic Agënt5, .:i.dopceci by thE General Assernbl:,,-
of t he Uni:sd Nations on 14 Dscember 1973 ;
P. l'2l
11
li N 1 'LE D ri ,;:.\ T I O N S
- 2 •
8- Vienna Convention on the Representation of States
in thei~ Relations with International Organizations
of a Universal Character, concludad at Vienna on
14 M.arch 1975;
9- Convention on the Prevention and Punishment of the
Crime of Genocide 1 adopted by the General Assemoly
oÏ the United Nations on 9 December 1948;
10- Internacional Convention on the Elimination of All
Forms of Racial Discrimination1 opened for ;signature
at New York on 7 March 1966;
11 · International Covenant on Economie;:, Social and
CultureL Rights, adopted by the General Assembly of the
United Nations on 16 December 1966;
12- Intei:-national Covenant on Civil and Folit.ical Rights 1
~dopted by the General Ass~mbly of the United Nations on
16 Oece~ber 1966: Due note has been taken of the
declaracion mada by Slovenià to the effect that it
recognizes the competence of th;e Human Rights Gemmi ttee
under article 41;
13· (:onven-c.ion on the Non-Applica'oility of Statutory Limitations
~o War Crimes and Ori~es against Humanity, edopted by the
General Assembly of the United Nations on 26 Novernber 1968;
14· lntern.a.tion.al Convention on the Suppression and ?urtishrnent
of the Grime of t,Partheid, adopted by the General Ass.embly
of the United Nations on 30 Novewber 1973;
15- Convention on ths Eliminacion of All Forms of Discrimiretion
against. Women, adopted by the General A5sembly of the
United Nations on 18 Decernber 1979;
16- Convention on the RightB of the Child, adoμted by the
G~~eral Asaemb1y of the Cnitad ~scions on 20 Novecber 1989 ;
I),.:.,a not-= has be<?n t:aken of the r!!se:rvar.:;.or: ta a-r:icle 9 (l ) :
t7- c~nven~ion relacing to the St~cus of Ref~gees, s1gned a~
G;:;"c;\'a on 28 July 1951;
P. 11
;---,..•·-•·•--·- ·- ~·--•-•-H• --·----~-•·---·- --•- •
2:!.2-?7S-159 '~ p' :!..2 l /2. 1E:45
Tt:!....
1 !
UNITED NATJOi'-lS ., NATIONS VNLES
~
- 3 -
18· Convention r€lating to thé Status of Statel~s~ Persans,
done at New York on 28 September 1954;
19t Protocol rela.ting to the Status of Refugees, àone at New York
on 31 January 1967;
20· Convention on Psychotropic Substances, concluded at Vienna
on 21 February 1971;
21· Single Convention on Narcotic Drugs, 1961, as amended by the
Protocol of 25 March 1972 arnanding the Single Convention on
~arcotic Drugs, 1961, dons at New York on 8 August 1975;
22- United Nations Convention against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances, concluded at Vienna on
20 December 1988: Due note has been tsken of the daclaration
concerning the designacion of authority pursuant to
article 17 (1) i
23- Convention for the Suppression of the Traffic in Persans
and of the xploitation of th$ Prostitution of Others,
o~ened for signature at Lake Suçcess, New York,
on 21 Maroh 1950;
24- Convention concerning Customs Facilities for Touring,
done at New York on 4 June 195li;
25· Cu.stems Gonvend.on on the Ternporary Importation of Priva.te
Road Vehiclss, clone at l'lew York on 4 June 1954;
26· Custo~s Gonvantion on the ln~ernational Transport of Goods
under Caver of TIR carnets (TIR Gonvention), coucluded ac
Geneva on 14 November 1975;
27- International Convention on the Hàrmonizs.tion ci Frontier
Gontrol of Goods, conc1uded a~ Geneva on 21 Oc:ober 1982 :
23- ~ecle~at~on on the ConstructicTI cf Mai~ Inte:~a~ional Tcaffic
Ar:eries , signeci ac Gene~a on 16 Septe~her 1952:
/
l/ __ ., . _______ .. - -·•-· ·-- -- ---------~ ·---·----- ... -------•-•r-•---- .. -·-------~--
l'IELd 'rOPK 1 1
P. 13
'2 16: .:!;:;
. 4 •
29- Agreement on Signs for Road Works, amending th~ European
Agreement of 16 September 1950 supplementing the 1949
Convention on Road. Traffic and the 1.9{,9 Protoccl on Road Signs
and Signals, conclud8d at Geneva on 16 Decamber 195);
30- Convention on the Gontract for the International Cardage of
Goods by Road (GMR), done at Geneva on 19 May 19.?6;
31- Europêan Ag~aeroent concerning the International Carria5e
of Dangerous Goods by Road (ADR), done at Geneva
on 30 Septeruber 1957;
32- Protocol amendin~ article 14(3) of the European Agreement on
30 September 1957 concerning the International Carriage of
Dangerous Goods by Road (ADR), concluded at New York on
21 Auguët 1975;
33- Convention on Road Traffic, · conèluded at Vienna on
8 November 1968: Due note has been taken of the distinguishing
sign selected by Slovenia under article 45 (4);
34- European Agreeruen:t supplementing the Convention on
Road Traffic opened for signature at Vienna on
8 November 1968, concluded at Geneva on l May 19/1;
35- European Ap;i;e'.;lment on M..ain Inr.ernational Traffic Arteries
(AGR), concluded·at Geneva on 15 November 1975;
36- European Agreement on Main International Rsilway Lines (AGC),
conclurled at Oan~va on 31 May 198S;
37- Agreement on the Irnpon:ation of Educa tional, Scient:lfic e.nd
Gultu:r.s.1 t-w.te:dals, opeued for signeture a.t Lake $1.1c;.cess,
New York, on 22 November 1950;
38- F:rot.ocol to the Agr-eemenc en î:he. I!llpor~a.tion of ë;ducacicna.1.,
Scien~if~c and Gulcural Matsrial5 of 22 November 1950,
conclt:.d.èd at Nairobi on 25 ~:ovember 197 6;
1
•' Inten:acicnal Afreemenc for che Escs.b1i.shme!1.t oi the C'nive::;ir,:-'
for P~ac~. adopt.ed by ~he G~neral Assembly of the
Cnitad Nations on 5 Decamber 1980;
--- ·--·- ·----·-
- ·-··,__;;_·-..·;.·..-- · ... - - ···::.· ·-- -··--·---· - .: :·-·---=·-.. .. .. . -~-- ~ .- .... -----------===--=-=-·-.. ___- ·::. ...: ::-:-::._::::=:-.
/,,,....-,~,==.:..-----
ME~-J '(Off
ïEL.. 21'.::-77'3- l::i':?1
1 !
P. 14
... -32 E: ..:lf
U '.\i ï TE D NAT 1 0 N S
- 5 -
40" Con~rention on the l'olitical. Right:s of Worn,rn, opened for
signature at New York on 31 M.arch 1953;
41- Convention on the Nationality of .Married Women,
done 8t New York on 20 Febtuary 1957;
42- Supplemente.ry Convention on the Abolition of Slavery, the Slave
Trade, and Institutions and Practices Simi1ar to Slavery,
done àt the European Office of the United Nations at Geneva
on 7 Septerober 1956;
43· Internation~l Convention Against the Taking of Hostages,
adopted by the General Assembly of the United Nations on
17 Decernber 1979;
44- Convention on the Recovery Abroad of Maintenance,
don~ at New York on 20 June 1956: D~~ note has been taken of
the designa~ion of autho:d.ty in accordance with article 2;
--···· - -· - · ---··· •:4f Convention on the Territorial Sea. and the Cont:iguous Zone,
done at Genava on 29 AFril 1958;
\g-6- Convention on the H:i,.gh Seas, done a.t Geneva on 29 April 1958;
47 - Convention on the Recognition end Enf crcement of Foreign
Arbitral Awards, done a.t New York on 10 June 1958:
Due note has b~en teken of the declaration made in a.ccordanc9
with article I (3);
48- Euro-pean Convention on International Commercial Arbi trad on,
done at Geneva on 21 April 1961;
49- Vienna Convention on che Law of TrP.aties, conclud.Gd a-r: Vienna
on 23 Hay 1969;
50- Vienna. ConV-?.ntion on Suctessi.on of States in re:;;pect of
TreatLes, conc~uded at Vianna on 23 Augus~ 1978;
51 - Conveacion on Prohibitions or Rastric:ions on ~he tsa Y cerc.
sin Convencional Weaμons which me.y be deecieà t:o be
exces3ively injurious or to have ineiscrimine~o effeccs
(and Proc:ocols 1, II iind. III), conclLtdf:d at G;;neva on
Lü October 1980;
/ 32 15:'17
I
TE~ 212- 779-15~1
11
NA T IONS UP'i I IS
• 6 -
52- Ccnvention on Long-Range Transbounda-ry Air Pollution, concluded
at Geneva on 13 Novembar 1979;
53- Protocol to the 1979 Convention on Long -Range Transboundary Air
Pollution on Long-Term financing of the Go-operative Programme
for Monitoring and Evaluation of the Long-Range Transmission
of Air Pollutants in Europe (EHEP), coucluded at Geneva on
28 Sep~embsr 1984;
54- Vienna Convention for the Protection of the ôzone Layer ,
concluded at Vierina on 22 March 1985;
55- Montreal Protocol on Substances that Depiete the. Ozone Layer,
conclud.ed at Montreal on 16 Ssptember 1987 ; and
56- Convention and Statute en Freedom of Transit, Barcelona,
20 April 1921.
The said successions took effect as of 25 June 1991 . thA n~r~ ~n
whicb Slovenia assU!lled responsibility for its international relations .
All States concerned ara being informed accordingly .
2Z October 19921·
F. 15