Legality of Use of Force (Serbia and Montenegro v. Portugal) - The Court rejects the requests for the indication of provisional measures submitted by Yugoslavia

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INTERNATIONAL COURT OF JUSTICE

Peace Pala c517~ KJ The Hague. Tel(31-70-302 23 23). Cables: Intercourt. The Hague.
Telefax (31-70-364 99 28). Telex 32323. Internet address: http: Il www.icj-cij.org

Communiqué
unoffidal
for ;mmMiare release

No. 99/23
2 June 1999·

Legalitv of Use of Force
(Yugoslavia v. Belgium) <Yugoslavia v. Canada) (Yugoslavia v. France)

(Yugoslavia v. Germanvl CYugoslavia v. Italyl O'ugoslavia v. Netherlands)
<Yugoslavia v. Portugal) (Yugoslavia v. Soainl iYugoslavia v. United Kingdom)
(Yugoslavia v.United States of America)

Tbe Court rejects the reguests for the indication of provisional measures
submitted by Yugoslavia

THE HAGUE, 2 June 1999. Today, the International Coun of Justice (ICJ) gave its decisions

·' on the requests for the indication of provisional measures submitted by the Federal Republic of
·' Yugoslavia {FRY) in the above-mentioned cases.

In its requests, Yugoslavia bad asked the Coun to order the States involved to "cease

immediately [their] acts of use of force" and to "refrain from any act of threat or use of force"
against the FRY.

In two of the ten cases (Yugoslavia v. Spain and Yugoslavia v. United States of America),
theCourt held that it manifestly lacked jurisdiction and ordered that the cases be removed from
its List.

In eight of the ten cases (Yugoslavia v. Belgium; Yugoslavia v. Canada; Yugoslavia v.
France; Yugoslavia v. Germany; Yugoslavia v. ltaly; Yugoslavia v. Netherlands; Yugoslavia v.
Ponugal: Yugoslavia v. United Kingdom), the Court found that it lacked prima facie jurisdiction,
which is a prerequisite for the issue ofprovisional measures, and that it therefore could not indicate

such measures. A fuller considerationof the question of jurisdiction will take place later. The
Coun accordingly remains seized of those cases and bas reserved the subsequent procedure for
further decision.

In its reasoning, the Court expresses its deep concem "with the human tragedy. the loss of
life, and the enormous suffering in Kosovo which form the background" of the dispute and "with
the continuing loss oflife and human suffering in ali parts ofYugoslaviIt sets out its profound
concem with the use of force in Yugoslavia, which "under the present circumstances ... raises very

serions issues of international law". and emphasizes that "ail parties before iinconformity
with their obligations under the United Nations Charter and other rules of international law,
including humanitarian law".

The Court ex.plains that its jurisdiction depends upon consent. for there must be acceptance
by a State of the Court's jurisdiction before the Court can determine whether particular acts are
compatible with international law. "The latter question can only be reached when the Codea1s
with the merits having established its jurisdiction and having beard full legal arguments by both

parties". The Court stresses bowever that. "whether or not States accept the jurisdiction of the Court, they remain in any event responsible for acts attributableto them that violate
international law. including humanitarian law", and tbat "any disputes relating to the legality of such
acts are required to be resolved by peacefumeans, the cboice of which, purs1U!Jltto Article 33 of

the Charter, is left to the partiIn"this context, "the parties should taleecare not to aggravate or
.extend the dispute". The Court reaffirms that "when such a dispute gives rise to a threat to
the peace, breach of the peace or act of aggression, the Security Council basspecial responsibilities
under Chapter VII of the Charter".

*

NOTE FOR THE PRESS

P~ss Communiqués setting out more fully the reasoning and decisions of the Court are
available for each of the cases. These Communiqués and the full text of the Orders are featured
on the Court's website (address: http://www.icj-cij.org).

Subscribers to the free E-mail notification service of Press Communiqués will receive ali of
the Press Communiqués.

Communiqué No.

Yugoslavia L. Belgium 99/24
Yugoslavia L. Canada 99/25

Yugoslavia L. France 99126
Yugoslavia L. Germany 99127
Yugoslavia x.,ltaly 99/28
Yugoslavia L. Netherlands 99129

Yugoslavia L. Portugal 99130
Yugoslavia.!..:. Spain 99131
Yugoslavia L. United Kingdom 99132
Yugoslavia L. United Statesof America 99133

Information Office: .
Mr. Arthur Witteveen, Seçretary of theCoun (+ 31 70 302 2336)

Mrs. Laurence Blairon, Information Officer (+ 31 70 302 2337)
E-mail address: infor:[email protected]