Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Extension of time-limits for the filing of pleadings

INTERNATIONAL COURT OF JUSTICE
Peace Palace, 2517 KJ The Hague. Tel.(31-70-302 23 23). Cables: Intercourt, The Hague.
Telèfa:x(31-70-364 99 28). Telex 32323. Internet address: http: //www.icj-cij.org

Communiqué
unofficial
for immediate release

N° 98/1
22 January 1998

Case concerning the Application of the Convention on the Prevention

and Punisbment of the Crime of Genocide
(Bosnia and Herzegovina v. Yugoslavia)

Extension of time-limits for the filing of pleadings

THE HAGUE, 22 January 1998. The President of the International Court of Justice (ICJ),

Judge Schwebel, extended today by Order the time-limits for the filing of pleadings in the case
conceming AlWlication of the Convention on the Preyeptiçn and Punishment of the Crime of
Genocide (Bosnia and Herzegoyimi v. Yugoslavia).

The pleadings were requested bythe Court in its Order of 17Decernber 1997 on Yugoslavian
counter-claims. The Court theo held that the counter-claims are "admissible as such" and that they

"form part of the current proceedings" in the case. lt further directed the Parties to present their
views on their respective claims. Bosnia ànd Herzegovina was to submit a Reply by January
1998 and Yugoslavia a Rejoinder by 23 Joly 1998.

Today, the President of the Court extended to 23 April 1998 the time-limit for the filing of
the Reply ofBosnia and Herzegovina and to 22 January 1999 the time-limit for the filing of the
Rejoinder of Yugoslavia.

The Order was made in response to a request from Bosnia and Herzegovina to extend to 23
April 1998 the time~l ior te filing of its Reply. Yugoslavia conserrted to that extension,
provided the time-limit fixed for the filinghe Rejoinder be extended likewise.

In its counter-claims (submitted on 22 Julyin its Counter-Memorial), Yugoslavia asked

the ICJ to adjudge that "Bosnia and Herzegovina is responsible for the acts of genocide committed
against theSerbs in Bosnia and Herzegovina" and that it "has the obligation to punish the persons
held responsible" for these acts. also asked the Court to rule that "Bosnia and Herzegovina is
bound to take necessary measures so that the said acts would not beted" and "to eliminate ail
consequences of the violation" of the Genocide Convention.

The subsequent procedure bas been reserved for further decision.

Histocy of the dispute

On 20 March 1993, Bosnia and Herzegovina filed an Application instituting proceedings
againstYugoslavia in respect of a dispute conceming alleged violations of the Convention on the
Prevention and Punishment of the Crime of Genocide of 9 December 1948. As the basis of the

jurisdictionf the Court, Bosnia and Herzegovina invoked Article IX of that Convention. - 2 -

In its Application, Bosnia and Herzegovina, among other claims, requested the Court to
adjudge and declare that Yugoslavia, through its agents and surrogates, "has killed, murdered,
wounded, raped, robbed, tortured, kidnapped, i1Jegallydetained, and exterminated the citizens of
Bosnia and Herzegovina", that it bas to cease immediately this practice of so-called "ethnie
cleansing" and pay reparations.

On 20 March 1993BosniaandHerzegovina also submitteda request forprovisiona1measures
(an interim injonction). Hearings were held on 1 and 2 April 1993, and by an Order dated
8 April 1993the Court indicated that Yugoslavia "shouldimmediately . . .take aUmeasures within
its power ta prevent commission ofthe crime of genocide" and that bath Yugoslavia and Bosnia
and Herzegovina "should not take any action ... which may aggravate or extend the existing
dispute". The Court limited its provisional measures to requests falling within the jurisdiction
conferred on it by the Genocide Convention.

On 27 July 1993 Bosnia and Herzegovina filed a second request for provisional measures,

followed on 10 August 1993 by a request for provisional measures ofYugoslavia. Hearings were
held on 25 and 26 August 1993 and by an Order dated 13 September 1993 the Court reaffirmed
the measures indicatedearlier, addingthat they should beimmediately and effectively implemented.

A preliminary objection to the jurisdiction of the Court was theo raised by Yugoslavia.
Hearings took place between 29 April and 3 May 1996and on ll July 1996 the Court de lvered
a Judgment dismissing the objection and holding that it had jurisdiction to adjudge the dispute.

By an Order dated 17 December 1997, the Court held that counter-claims submitted by
Yugoslavia are "admissible as such" and that they "fonn part of the current proceedings".

Website address of the Court: http://www.icj-cij.org

Information Office:
Mr. Arthur Witteveen, Secretary of the Court (tel: 31-70 302 2336)
Ms. Laurence Blairon, Information Officer (tel: 31-70 302 2337)