Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) - Public hearings on the merits of the dispute to open on Mond

INTERNATIONAL COURTOFWSTICE

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Press Release
Unofficial

No. 2004/37
8 December 2004

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

Public hearings on the merits of the dispute to open on Monday 27 February 2006

THE HAGUE, 8 December 2004. Public hearings in the case concerning Application of the
Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and
Herzegovina v. Serbia and Montenegro) will open on Monday 27 February 2006 before the
International Court of Justice (ICJ), principal judicial organ of the United Nations.

The precise schedule for those hearings, which will deal with the merits of the dispute, will

be announced later.

History of the proceedings

On 20 March 1993, Bosnia and Herzegovina filed with the Registry of the Court an
Application instituting proceedings against Serbia and Montenegro (then known as the Federal
Republic of Yugoslavia) in respect of a dispute concerning alleged violations of the Convention on

the Prevention and Punishmentof the Crime of Genocide of 9 December 1948. Bosnia and
Herzegovina invoked Article IX of that Convention as the basis of the Court's jurisdiction.

In its Application, Bosnia and Herzegovina requested, inter alia, that the Court adjudge and
declare that Serbia and Montenegro, through its agents and surrogates, "has killed, murdered,
wounded, raped, robbed, tortured, kidnapped, illegaliy detained, and exterminated the citizens of
Bosnia and Herzegovina", that it must immediately cease this alieged practice of "ethnie cleansing"

and pay reparations.

On 20 March 1993 Bosnia and Herzegovina also submitted a request for provisional
measures. Public hearings were held on 1 and 2 April 1993, and by an Order dated 8 April 1993
the Court indicated that Serbia and Montenegro "should immediately ... take ali measures within
its power to prevent commission the crime of genocide" and that both Serbia and Montenegro
and Bosnia and Herzegovina "should not take any action and should ensure that no action is taken

which may aggravate or extend the existing dispute ... or render it more difficult of solution".

On 27 July 1993 Bosnia and Herzegovina filed a second request for provisional measures.
On 5 August 1993 the President of the Court addressed a message to both Parties, referring to
Article 74, paragraph 4, of the Rules of Court, which enables him, pending the meeting of the
Court,"to cali upon the parties to act in such a way as will enable any order the Court may make on
the request for provisional measures to have its appropriate effects". On 10 August 1993 a similar - 2 -

request for provisional measures was filed by Serbia and Montenegro. Public hearings were held
on 25 and 26 August 1993, and by an Order dated 13 September 1993 the Court reaffirmed the
measures indicated on 8 February 1993, adding that they should be immediately and effectively

implemented.

The Memorial of Bosnia and Herzegovina was filed on 15 April 1994 within the time-limit
as extended by an Order of the Court of 7 October 1993.

On 26 June 1995, within the time-limit for the deposit of its Counter-Memorial, as extended
by the same Order of the Court, Serbia and Montenegro filed preliminary objections to the
jurisdiction of the Court and the admissibility of the Application; the proceedings on the merits

were accordingly suspended (Art. 79 of the Rules of Court). After Bosnia and Herzegovina had
filed a written statement on the preliminary objections within the time-limitof 14 November 1995
fixed by the Court' s Order of 14 July 1995, public hearings were held between 29 April and

3 May 1996. On 11July 1996, the Court delivered its Judgment, rejecting the objections of Serbia
and Montenegro.

In the Counter-Memorial it filed on 22 July 1997, Serbia and Montenegro submitted

counter-claims requesting the Court to adjudge and declare that "Bosnia and Herzegovina [was]
responsible for the acts of genocide committed against the Serbs in Bosnia and Herzegovina" and
that it "[had] the obligation to punish the persans held responsible" for these acts. It also asked the
Court to rule that "Bosnia and Herzegovina [was] bound to take necessary measures so that the said

acts would not be repeated in future" and "to eliminate ali consequences of the violation of the
obligations established by the ... [Genocide] Convention".

By a letter of 28 July 1997 Bosnia and Herzegovina informed the Court that "the Applicant

[was] of the opinion that the Counter-Claim submitted by the Respondent ... [did] not meet the
criterion of Article 80, paragraph 1, of the Rules of Court and should therefore not be joined to the
original proceedings". After each Party had filed written observations, the Court, by an Order of
17 December 1997, held that Serbia and Montenegro's counter-claims were "admissible as such"

and that they formed "part of the current proceedings" in the case; the Court also directed the
Parties to submit further written pleadings on the merits of their respective claims and fixed
time-limits for the filingf a Reply by Bosnia and Herzegovina and of a Rejoinder by Serbia and
Montenegro. Those time-limits having been extended at the request of each of the Parties, the

Reply of Bosnia and Herzegovina was eventually filed on 23 April 1998 and the Rejoinder of
Serbia and Montenegro on 22 February 1999. In those pleadings, each of the Parties contested the
allegations made by the other.

Since then severa! exchanges of letters have taken place conceming new procedural issues in
the case.

By an Order of 10 September 2001 the President of the Court placed on record the

withdrawal by Serbia and Montenegro of the counter-claims submitted by that State in its
Counter-Memorial. The Order was made after Serbia and Montenegro had informed the Court that
it intended to withdraw its counter-claims and Bosnia and Herzegovina had indicated to the latter
that it had no objection to such withdrawal.

It is further recalled that, on 3 February 2003, the Court rendered its Judgment in the case
concerning Application for Revision of the Judgment of 11 July 1996 in the Case concerning
Application of the Convention on the Prevention and Punishment of the Crime of Genocide

(Bosnia and Herzegovina__y_Y ,_ugoslavia), Preliminary Objections (Yugoslavia v. Bosnia and
Herzegovina). In that Judgment the Court found that the request for revision of the Judgment of
11July 1996 submitted by Serbia and Montenegro was inadmissible. - 3 -

In a letter dated 12 June 2003, the Registrar informed the Parties of the Court's decision that
it could not, in the circumstances of the case, suspend proceedings on the merits, as Serbia and
Montenegro had requested in a document entitled "Initiative to the Court to reconsider ex officia

jurisdiction over Yugoslavia". In that document, filed with the Registry on 4 May 2001, Serbia and
Montenegro had contended that the Court had no jurisdiction ratione personae and that it should
accordingly dispose of that issue first.

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

Information Department:
Mr. Arthur Th. Witteveen, First Secretary of the Court + 31 70 302 2336)
Mrs. Laurence Blairon and Mr. Boris Heim, Information Officers ( + 31 70 302 2337)

E-mail address: information @icj-cij.org