Request for the Indication of Provisional Measures made by the Federal Republic of Yugoslavia

Rrgwrsst

for the indiaation of provisional measuroe

made 9 mgun% 1993 bp the FeaoralRepuBaia of xugosfavia

in the eawe aoncexning the Appliuation of %Ba convention on

the Prevention and ~uniakm+mt si the Crime 0% Genseide,

inatitutsd by the Apgliaatisn,date8 20 Worch 3.993

of the so-ealled Republic of Bosnia and BorzegovAns

To the Presidentand ~udges oi the ~nternational

C:..iar?- JUS~~CB,

The undersiqned, being duly authorized by the Fedaral

Republic of Yugoelavia,

Has the honour to submit ta the Court the fcllowing Request:

r. The so-called ~epublicof Boania and ~erze~ovina" fied

the Application, through 4ts Agent Mr. Francia Boyle, Professor

-rtsrnationalLaw, in the Registry of the Court on 2C March

1st ituting proceedings against the Federal ~eppzblic of

ids1.aviain respect of a dispute cancerning the application of

the convention on the Preventionand Punfshment of the Crime of

Genocide, adopted by the General Assembly of the United Nations

on 9 December 1948 (hereinafter marked as "the eno oc ide

Convsnti~n!~) . At the same day, the Applicant State made %i:e

Request for the indicationof provisionalmeasures. On 39 Marcil

'Uiing the exgressian"the so oalloRspublisof ~o~niaend ~eriego~lna"
th@ FR of Yugoslavfa wibrhee to indicate 'chatite participation Fn the
th% kppliçantStarE.he Courtc~~inant bundsretaod aade jure recognition of1993, the Reapondent State made, also, the Request for the

indication of provisional measurea.Deciding both requests by

Order, made on 8 April 1993, and considering its jurisdiction

objected by the Respondent State, the Court has 1imfted ita

antfcipatsd jurisdiction, at thia stage of the proceedings, to

the Gsnocids convention, (See para. 26, 34 and 35 of the Osder,)

The Court addressed two provisional measures to the Federal

Republic of Yugoslavia and one provisionalmeasure to both

a. considaring the provisional measures requested by the

,:sralRepublic of Yugoslavia, in para, 43 of the Ordsr, dated

8 April 1993, the Court said:

"Whereas ~ugoslavia in its written obeervatforis on the
regusst for the indicatian of provisional measures #requests the
Court to eatablish the responsibility of the authorities'of
~osniw-Herzegovinafor acts of genocide against the Serb people
in osn nia-Herzegovina, and indicates fts intention to submit
evidenceto that effect; and whereasYugoslaviaclaimed at the
hearings that genocide and genocidaldcts are being carried out
against Serbs living in Bosnia-Herzagovina; whereas Bosnia-
Herzegovina for its part contends however that there is no basis
in fact or in Law for the indication of provisional measures
against it, there being no crediblsevidence that its Government
has committed acts of ganocide against anyons ...ll

it ~eserving al1 rights of objectionsto the jurisdiction

. .:eCourt and to the admiseibility of the Application? the

Federal Rapubfic of Yugoslaviarequests the Court, according to

Article 41 of the Statuts and Article 73# para. 1, and Article
3
75, para. of the Rules of the Court, to indicate the Eollowing

The auverment of the ~o=aglPlgid~epublicof ~o~iinfa and

Heresgovkna nhould hnediately, in pursuanee of %ta obligation

unaer the eonvaation on the Rrevsntion and ~unlshont of the

Crime of OeaoaiUe of 9 Deoember &948, take a11 meaaurea wfthin its gowex to prevent commission of the ciriniof genociàeagainist

the gerb ethnio group.

4. Reasons of the Request via-a-visfacts.

The Serb population on the territoryof the formerYugoslav

Republic af Bosnia and Herzegovina is again expoaed to the

terrible crime of qenoci.de, just as 50 years ago, During Warld

War Two the athnic map of Bosnia and Herzegavina was changea by
I
the crime of genocido committed againat the serb population. The

crimes committedin Jasenovac are widely known,Çeveral hundred

cilaand Gsrbs from Bosnia-Herzegovina and Croatia lost their
Pl9
VES a8 victimsof genocide. The mernories of the crimecommftted

during World War Two have not faded away and the crime is being
çommitted al1 over again and the psrpetrators are of the same

ethnic origin as thoee who committed it during World War Two.

Although comprehensive evidence on the crime of genocide now

beinq comitted against the Serb people and the ensuant

responaibility of the so-callad Republic of osn nia and

Herzegovina is hard tu provide in the circumstances, the

; ~tentionof the submissionis to present sufficientevidence for

kti 3urt to decide at this stage of the proceedings on the

provisional measure requested .Such evidence is contained in the

Reports of the FR Yugoslavia to the Commission of Experts,

established by Resolution 780 (19921, adopked on 5 october 1992

by the Security Council of the United Nations, and in the
Memorandum on War Crimes and the Crime of Cenocide In Eastern

Bosnia (Communes of Bratunac, Skelani and Srebrenica) cammitted

against the Serb population Erom April 1992 to April 1993,

prepared by the Yugoalav Stats Commission for War c~immes and Genocide. Both documents are annexed to the Request. I
4

S. Reasons of the Requestvis-a-visInternationalLaW.
as the
The BO-callad Republic of Bosnia and Hereegovina,

alleged party of the Genocide Convention, ha. the obligation

under its Article 1 to prevent the crime of ganocide and ta

punish the perpetrators.However, it is apparent that the ao-

called Republic of Boania and Herzegovina has been, and continues

to be, in braach of the said obligation.It has not prevented the
rnmission of the crime of gendcideon the territory under its

((6 ,e.rcrL.

The organiser? andperpetraters of the crimeof genocidein

Bosnie and Her~@govins are, among others the cornnanaers of

regular military and police forces of the Applicant Çtate,

membera of the said forces and the other organs of the ~pplicant

state. It is therefore to be concluded that th8 so-called

Republir 00 Bosnia and Herzegovina is responsible for the fsilure I

of its organe to prevent the crime of genocide and for the acts

of senocide committed by its organs,

k Possible conaeguences if the proviaional measure
requested is not indicated.During the laat Eew weeks, Serbs, and

Crsats in central Bosnia are axpoaed to the acts of genocide

committed by the Army of the so-called Repubkic of Bosnia and

Herzegovina. In towns and villages under the contwol of the

authorities of the so-called Rapublic of Bosnfa and Herzegovina

Serks are kept incmunicado as ethnic hostages in ganocidal

candition~and are denied every possibiïityto leave. The ~ouncil

of Serb Refugees from the Conunune of Kcinjie:sent the last ilppealto the Xnternatfonal Colamitteeof th8 Red Cross on 28 July 1993

calling for the releaae of 170 Serbs, kept as ethnic hostages in

the village of Brdjani in the communeof Konjfc, ft is said in

the appeal that 50 of them are aged 7 or under, living their last

daye, as they réceived no aid since the beginning of the war. If

the so-calledRepublic of Bosnia and Herzegovina fails to take

al1 necessary rneasures topreventthe continued commission of the

crime of genocide, many more Serbs will loae their livés.

Agent of the FR of YugoeLavia