Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Request for the indication of provisional measures

INTERNATIONAL COURT OF JUSTICE

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No. 93/9
8 April 1993

Application of the Convention on the Prevention and
Punishffient of the Crime of Genocide
(Bosnia and Herzegovina v. Yugoslavia (Serbia and Montenegro))

Order of Provisional Measures

The Hague, 8 April 1993 - The International Court of Justice today
issued an Order which calls upon Yugoslavia (Serbia and Montenegro) to
"immediately ••• take all measures within its power to prevent commission
of the crime of genocide". The Court's Order of provisional measures
states that Yugoslavia

"should in particular ensure that any miiitary, paramilitary or
irregular armed units which may be directed or supported by it,
as well as any organizations and persona which may be subject
to its control, direction or influence, do not commit any acts
of genocide, of conspiracy to commit genocide, of direct and
public incitement to commit genocide, or of complicity in.
genocide, whether directed against the Muslim population of
Bosnia and Herzegovina or against any other national, ethnical,
racial or religious group".

The Court also held that neither Party should "aggravate or extend
the existing dispute over the prevention or punishment of the crime of
genocide, or render it more difficult of solution".

The Court issued these provisional measures in response to a suit
initiated by Bosnia-Herzegovina on 20 March 1993. The Court found that
it had prima facie jurisdiction to issue its Order under the Convention
on the Prevention and Punishment of the Crime of Genocide concluded by
the United Nations in 1948, to which Yugoslavia and Bosnia-Herzegovina
are parties. The Genocide Convention describes as genocide acts
"committed with the intent to destroy, in whole or in part, a national,
ethnical, racial or religious group".

While the Court acted speedily to issue its provisional measures, a
judgment on the merita of the case will be handed down only after the
Parties fully brief and argue it. The Court's Order emphasized that the
facts and law of the dispute meanwhile remain unsettled. Under its

Statute, the Court has the power to indicate provisional measures which
ought to be taken to preserve the rights of either Party, pending
judgment on the merits of the case. The Court noted that it was not able
to indicate measures for the protection of any disputed rights which fell
ou.tside the seope of the Genocide Convention.

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The 15-member Court is the principal judicial organ of the
United Nations. Its contentious jurisdiction is confined to disputes
between countries. Accordingly, unlike a na,tional court or the
international criminal tribunal whose creatipn is currently being

considered by the United Nations Security Cou1cil, it could not itself
try individuals aecused of aets of genocide.j

The full text of the operative paragraph of the Order reads as
follows: 1

"52. For these reasons, 1

The COURT, 1
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Indicates, pending its final decision in the proceedings
instituted on 20 March 1993 by the Republic of Bosnia and
Herzegovina against the Federal Republib of Yugoslavia (Serbia and

Montenegro), the following provisional measures:
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A. (1) Unanimously, 1
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The Government of the Federal Republic of Yugoslavia (Serbia
and Montenegro) should immediately, in pursuance of its
undertaking in the Convention on the Prevention and Punishment of
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the Grime of Genocide of 9 December 1948, take all1 measures within
its power to prevent commission of the crime1of genocide;
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(2) By 13 votes to 1, 11
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The Government of the Federal Republic of Yugoslavia (Serbia
and Montenegro) should i~ particular en~ure that any military,

paramilitary or irregular armed unite whi1h may be directed or
supported by it, as well as any organizati.ons1 and persona which
may be subject to its control, direction or influence, do not
commit any acta of genocide, of conspiracy to commit genocide, of
direct and public incitement to commit genocide, or of complicity
in genocide, whether directed against t~e Muslim population of
Bosnia and Herzegovina or against any o~her national, ethnical,

racial or religious group; '
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IN FAVOUR: President Sir Robert JENNINGS;
Vice-President ODA; Judges AGO, SCHWEBELB , EDJAOUI, NI,
EVENSEN,GUILLAUMES , HAHABUDDEEA N, UILA'R MAWDSLEY,
WEERAMANTRR YA, NJEVA,AJIBOLA.

AGAINST: Judge TARASSOV.

B. Unanimously,

The Government of the Federal Republic of Yugoslavia (Serbia
and Montenegro) and the Government of the Republic of Bosnia
and Herzegovina should not take any action and should ensure

that no action is taken which may aggravate or extend the
existing dispute over the prevention or punishment of the crime
of genocide, or render it more difficult.of solution."
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Judge Tarassov appended a declaration tojthe Order.

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