Application of the Interim Accord of 13 September 1995 (the former Yugoslav Republic of Macedonia v. Greece) - The Court to hold public hearings from Monday 21 to Wednesday 30 March 2011

INTERNATIONAL COURT OF JUSTICE

Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
Website: www.icj-cij.org

Press Release
Unofficial

No. 2011/4
9 February 2011

Application of the Interim Accord of 13 September 1995
(the former Yugoslav Republic of Macedonia v. Greece)

The Court to hold public hearings from

Monday 21 to Wednesday 30 March 2011

THE HAGUE, 9February2011. The Interna tional Court of Justice (ICJ), the principal

judicial organ of the United Nations, will hold pu blic hearings in the case concerning Application
of the Interim Accord of 13September1995 (the former Yugoslav Republic of Macedonia v.
Greece) from Monday 21 March to Wednesday 30 March 2011, at the Peace Palace in The Hague,
the seat of the Court.

Schedule for the hearings

⎯ First round of oral argument

Monday 21 March 2011 3 p.m.-6 p.m.: the former Yugoslav Republic of Macedonia

Tuesday 22 March 2011 10 a.m.-1 p.m.: the former Yugoslav Republic of Macedonia

3 p.m.-4.30 p.m.: the former Yugoslav Republic of Macedonia

Thursday 24 March 2011 3 p.m.-6 p.m.: Greece

Friday 25 March 2011 10 a.m.-1 p.m.: Greece

p.m3.4m3.:eece

⎯ Second round of oral argument

Monday 28 March 2011 10 a.m.-1 p.m.: the former Yugoslav Republic of Macedonia

Wednesday 30 March 2011 3 p.m.-6 p.m.: Greece

History of the proceedings

On 17November2008, the former Yugoslav Republic of Macedonia instituted proceedings
against Greece for what it describes as “a flagrant violation of [Greece’s] obligations under

Article 11” of the Interim Accord signed by the Parties on 13 September 1995. - 2 -

In its Application, the former Yugoslav Republic of Macedonia requests the Court “to
protect its rights under the Interim Accord and to ensure that it is allowed to exercise its rights as an

independent State acting in accordance with international law, including the right to pursue
membership of relevant international organizations”.

The Applicant contends that in accordance w ith Article11, paragraph1, of the Interim

Accord, Greece “has undertaken a binding obligation under international law” and that this
provision lays down that Greece shall “not... object to the application by or the membership of
[the former Yugoslav Republic of Macedonia] in international, multilateral and regional
organizations and institutions of which [Greece] is a member”; the text provides however that

Greece “reserves the right to object to any membership referred to above if and to the extent [the
former Yugoslav Republic of Macedoni a] is to be referred to in such organization or institution
differently than in paragraph2 of the United Nations Security Council resolution817(1993)”,
i.e., as “the former Yugoslav Republic of Macedonia”.

The former Yugoslav Republic of Macedonia asser ts in its Application that the Respondent
violated its rights under the Interim Accord by objecting, in April 2008, to its application to join the
North Atlantic Treaty Organization (NATO). The former Yugoslav Republic of Macedonia

contends, in particular, that Greece “veto[ed]” its application to join NATO because Greece desires
“to resolve the difference between the Parties concerning the constitutional name of the Applicant
as an essential precondition” for such membership.

The Applicant argues that it has “met its obliga tions under the Interim Accord not to seek to
be designated as a member of NATO with any designation other than ‘the former Yugoslav
Republic of Macedonia’” and affirms that “[t]he subject of [the] dispute does not concern ⎯ either

directly or indirectly ⎯ the difference [that has arisen between the Parties over its name]”.

The former Yugoslav Republic of Macedonia requests the Court to order Greece to
“immediately take all necessary steps to comply with its obligations under Article 11, paragraph 1”

and “to cease and desist from objecting in any way, whether directly or indirectly, to the
Applicant’s membership of the North Atlan tic Treaty Organization and/or of any other
‘international, multilateral and re gional organizations and instituti ons’ of which [Greece] is a
member . . .”.

In its Application, the former Yugoslav Republic of Macedonia invokes as a basis for the
jurisdiction of the Court Article21, paragraph2, of the Interim Accord of 13September1995,
which provides that “[a]ny difference or disput e that arises between the Parties concerning the

interpretation or implementation of this Interim A ccord may be submitted by either of them to the
International Court of Justice, except for the difference referred to in Article 5, paragraph 1”.

By an Order of 20 January 2009, the Court fixed 20 July 2009 as the time-limit for the filing

of a Memorial by the former Yugoslav Re public of Macedonia and 20January2010 as the
time-limit for the filing of a Counter-Memorial by Greece. Those pleadings were filed within the
time-limits thus prescribed.

On 9 March 2010, the Government of the former Yugoslav Republic of Macedonia expressed
a desire to be able to respond to the Counter-Memorial of Greece and the objections to jurisdiction
and admissibility contained therein by means of a Reply, and to have available for that purpose a
time-limit of approximately four and a half mont hs as from the filing of the Counter-Memorial.

The Government of Greece had no objection to the gr anting of this request, provided that it could
in turn submit a Rejoinder and would have an identical time-limit available for doing so. - 3 -

Taking account of the agreement of the Partie s, by an Order of 12March2010, the Court
authorized the submission of a Reply by th e former Yugoslav Republic of Macedonia and a

Rejoinder by Greece. It fixed 9June2010 and 27October2010 as the respective time-limits for
the filing of those pleadings. The Reply and the Rejoinder were filed within the time-limits thus
prescribed and the case became ready for hearing.

___________

The written pleadings filed by the Parties (Memorial, Counter-Memorial, Reply and
Rejoinder) are not yet publicly available. In acco rdance with Article 53, paragraph 2, of the Rules
of Court, the Court “may, after ascertaining the views of the parties, decide that copies of the
pleadings and documents annexed shall be made ac cessible to the public on or after the opening of

the oral proceedings”.

The full text of the Application institutin g proceedings filed by the former Yugoslav
Republic of Macedonia and both Orders made by the Court in this case are available on the Court’s

website (www.icj-cij.org).

___________

N OTE TO THE PRESS AND PUBLIC

1. The public hearings will be held in the Gr eat Hall of Justice of the Peace Palace. Mobile
telephones and beepers are permitted in the cour troom provided they are switched off. Any
offending device will be temporarily retained.

2. Media representatives are subject to an online accreditation procedure , details of

which can be found in the Media Advi sory accompanying this Press Release. The accreditation
procedure will close at midnight on Thursday 17 March 2011.

3. Individual visitors (with the exception of members of the Diplomatic Corps) and groups

are subject to an online admission procedure. They are required to submit an application on the
Court’s website (click on “Attending a Hearing”) by midnight on Thursday 17 March 2011.

4. Verbatim records of the hearings will be published daily on the Court’s website, with

translations to follow as soon as practicable therea fter. On the final day of the hearings, a Press
Release presenting the final submissions of the Parties will be handed out and posted online.

___________

Information Department:

Mr. Andrey Poskakukhin, First Secretary of the Court, Head of Department (+31 (0)70 302 2336)
Mr. Boris Heim, Information Officer (+31 (0)70 302 2337)

Ms Joanne Moore, Associate Information Officer (+31 (0)70 302 2394)
Ms Genoveva Madurga, Administrative Assistant (+31 (0)70 302 2396)