Supplementary Submission in support of the Application of the Bosnia and Herzegovina instituting legal proceedings against Yugoslavia (Serbia and Montenegro) on the basis of the 1948 Genocide Conventi

SUPPLEMENTARY SUBMISSION IN SUPPORT OF

THE APPLICATION OF THE REPUBLIC OF BOSNIA AND HERZEGOVINA

INSTITUTING LEGAL PROCEEDINGS AGAINST YUGOSLAVIA (SERBIA

AND MONTENEGRO) ON THE BASIS OF THE 1948 GENOCIDE

CONVENTION AND IN THE SUPPORT OF ITS REQUEST FOR AN

INDICATION OF PROVISIONAL MEASURES OF PROTECTION.

~GU 1993

To His Excellency. the President, to the Judges of the International
Court of Justice, the undersignede1ingduly authorized by the Republic of
Bosnia and Herzegovina:

1have the honor to refer to the ApplicatiolnstitutinProceedings
that was submitted to the Court by the Republic of Bosnia and Herzegovina
on 20 March 1993against Yugoslavia (Serbia and Montenegro) on the basis

of ArticleIX of the Genocide Con·tention of 9 December 1948 and the
accompanying requestfor the proviBional measures of protection that was
also submitted to the Courtn that date. ln Section IV of that Application

("IV. Judgement Requested")Bosnia and Herzegovina reseiVed its "right to
revise, supplement or amend this Application.Since the Applicationwas
filed, additional evidenhas come to the attentionof the Agent for the
Republic of Bosnia and Herzegovina that he would like to draw to the

attention of the Court and hereby submit in support of our Application and
.~eque fot ProvisionalMeasures of Protection. This additionaevidence
is as follows:

APPLICATION INSTii~UTI PRNGCEEDINGS

SUBMITTEO BY

THE REPUBLIC OF 80:3NIA AND HERZEGOVINA 1. STATEMI:NT OF FACTS

.!
~
1. SPECIFIC EACTUAL ALLEGATIONS RELATING TO THE CONDUC~
QF THE FORMER YUGOSLAVIA ~~ND/O RUGQSLAVIA (SERBIA AND;

MONTENEGBO). l
7

.
Chrooology of the Serbjan lnva!;lon of Bosnia and Herzegoylna ~
l
!.
('

March 23 1993: The BBC reported that the Sarajevo districts of Stup
and Stup Hill were attacked by artillery from the Serbs. ln EasterrJ
Bosnia, Serbs attacked using tanks, artillery, and infantry on Bosnia~

positions in Kovacevici and Selimovioci. The BBC report also spoke on
incendiary attacks at Brcko, which were burning down whole districts~
There was also pressure on the fronts of Tesanj, Maglaj, Doboj. and Teslic,
with Serbian helicopters joining the Serbian offensive at Tesanj. (BBC,

"Heavy Clashes on south-western Sarajevo front; Eastern and Northerri
Bosnia")

March 23, 1993: The commander of UN peacekeepers in Sarajevo. Col.
Marcel Valentin of France. accused Serbian forces targeting non-strategie
civilian areas in a March 22 arrtillery attack. (Los Angeles Times,

"Sarajevo Suffers Heavy Shelling: SE!rbsAccused by U.N.; Balkans: Head of
Peacekeepers Says Civilian Areas Are Targeted in the Bosnian Capital" p.
9)

March 29, 1993: Aadjo Bosnia-H«Hzegovina reported attacks by Serbs il)
Teocak. Srebrenica, Gradacac, Tesanj, Maglaj, and Doboj. ·
)

March 30, 1993: Badjo Bosnia-Herzegovina reports that in the Goradzè '
area. nine people, including five children, died due to starvation. ~
~
11

t
13 April 1992: During a State Department Daily Briefing, Spokeswoman
Margaret Tutwiler stated that "Serbian paramilitary forces in Bosnia

could not operate without the support of the Serbian government and the
JNA" and that the United States "hold(s] Serbian civilian and milita,.Y 3~
~

authorities in Belgrade accountablE! for these aggressive acts•. {Leg;i

slate.Transcript ID: 821006)

1 May 1992: During a State Department Daily Briefing, Spokesma
Richard Boucher noted that the United States was •gravely concemed .. a

the fact that there had been joint ,JNA and Serbian regular force attacks
(Legj-slate Transcript ID: 830016).

6 May 1992: During another State Department Daily Briefing, Spokesma

Richard Boucher stated the United States did not consider the Yugosla
National Army to be an "independant actor.. but rather was under th
control of the authorities in Bel9rade. (Legi-s!ate Transcript ID
830383).

15 May 1992: During a State Department Daily Briefing, Spokeswoma
Margaret Tutwiler stated that joint Serb·JNA forces shelled Sarajevo
(Legi-slate Transcript ID: 831126).

10 September 1992: During a State Department Daily Briefing
Spokesman Richard Boucher noted that the United States had "alway

stated" the Bosnian Serb forces were: created out of the Yugoslav army an
that these forces continued "to get support (from Yugoslavia (Serbian and
Montenegro)J". (Legi-s!ate Transcript ID: 870547).

22 March 1993: Roger Cohen, in e. special to the New York Times, noted
the coordination between the Serbs operating around Srebrenica and the
Yugoslav (Serbia and Montenegro) Anlly. Cohen writes:

"Bosnian Serbs have sealed off the main bridge here over the Drina
River at the Bosnian border to prevent people from reaching the Srebrenica
area. A Yugoslav Army blockade has been mounted about 15 miles south of
here [Zvornik) on the Serbian side ol the Drina to prevent any approach to

the area via another bridge just nortl1 of Ljubovija in Serbia....

While it is common to see men on buses transforming themselves

from civilians into heavily armed soldiers as they cross into Bosnia, itis
rare to witness an operation so prominently coordinated between Yugoslav
and Bosnian Serb forces as the offensive now under way in the Srebrenica
area..."
(New York Tjmes, "Yugoslav Role in Bosnia" p. 6).

23 March 1993: The BBC reports that Serbian attacks on the Bosnian
towns of Kovacevici and Selimovici were backed up by long range artillery -..--_
!

from Yugoslavian Serbia and Monten(BBC, ·Heavy Clashes
·on south·westem Sarajevo front: Eastern and Northem Bosnia..)

CONCLUSION

The Republic of Bosnia and t-lercegovina hereby respect1ully requests
the Court to consider this additionêilevidence during the course of these
proceedings in support of its request for an Indication of Provisional
Measures of Protection.

Respectfully submitted

__1::~-------L]~--~--~---------
Francis A. Boyle,
ProtessotInternatiLawl
Agent for the Republic of Bosnia and Hercegovina