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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Communiqué
unofficial

No. 93/23 immediate release
11 August 1993

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

Reguest for the indication of provisional measures

The following information is communicated to the Press by the
Registry of the International Court of Justice.

On 10 August 1993, the Federal Republic of Yugoslavia (Serbia and
Montenegro) (hereinafter called "Yugbslavia'') filed in -the Registry of
the International Court of Justice a request for the indication of
provisional measures.

In its request, Yugoslavia recalls that the Court, in its Order of
8 April 1993 stated that:

"Whereas Yugoslavia in its written observations on the
request for the indication of provisional measures 'requests
the Court to establish the responsibility of the authorities'
of Bosnia-Herzegovina for acts of genocide against the Serb
people in Bosnia-Herzegovina, and indicates its intention to
submit evidence to that effect; and whereas Yugoslavia claimed
at the hearings that genocide and genocidal acts are being
carried out against Serbs living in Bosnia-Herzegovina;
whereas-Bosnia-Herzegovina for its part contends however that
there is no basis in fact or in law for the indication of
provisional measures against it, there being no credible
evidence that its Government has committed acts .of genocide
against anyone ••• "

While reserving all rights of objections to the jurisdiction of the
Court and to the admissibility of the Application, and in accordance with
Article 41 of the Statute, Article 73, paragraph 1, and Article 75,
paragraph 3, of the Rules of Court, Yugoslavia requests the Court to
indicate the ~ollowing provisional measure:

"The Government of the so-called Republic of Bosnia and
Herzegovina should immediately, in pursuance of its obligation
under the Convention on the Prevention and Punishment of the
Crime of Genocide of 9 D~cember 1948, take all measures within
its power to prevent commission of the crime of genocide
against the Serb ethnie group."

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