Wednesday 4th August 1993
TO: The Judges of the International Court of Justice
The Peace Palace,
The Hague,
The Netherlands.
YOUREXCELLENCIES:
I hereby amend;
Our Second Request for an Indication of Provisional Measures of
27th July 1993 ("The Second Request"), and our outstanding
Request for an immediate hearing thereof;
by submitting a request for an immediate Order without hearing
pursuant to the Second Request, in accordance with Article 75(1)
of the Rules of the International Court of Justice. This
exceptional request is made in the light of the dire urgency of
the situation facing the Applicant State.
(1). On 8th April 1993, the Court ordered Provisional
Measures ("The Order"), pursuant to the
Applicant's Application, made on 20th March 1993
("The Application"). Since that date, the
Respondent State and i ts surrogates and agents
have flagrantly violated the terms of the Order,
and the fundamental principles of International
Law which the Order sought to uphold.
Accordingly, the Second Request was filed on 27th
July 1993. The Second Request emphasised the
urgency of the situation, and stressed that any
delay in granting the relief sought could render
such relief futile and meaningless.
(2). The Applicant State has been subjected to the
continuous use of force and genocide by the
Respondent State and its surrogates and agents
since April 1992. This use of force and genocide
has been unabated, and has recently been heavily
intensified. This is widespread, but has recently
focussed upon the towns of Brck~, Maglaj, Tesanj,
and Olovo. More particularli: Sarajevo, the
capital city of the Applicant State is now in
real imminent danger of falling to the forces of
the Respondent State and i ts surrogates and
agents.
( 3) • By letter dated 2nd August 1993, Mr. Bernard
Noble, the learned Deputy Rtoistthe Applicantthe
States'ble requestourt for an urgent hearing. He stated/
2
that His Excellency the President of the Court
had considered the matter, pursuant to his power
under Article 74(3) of the Statute [sic- Rules].
The date set for a hearing of the Second Request
is 25th August 1993.
(4). The Applicant State expresses its gratitude for
the consideration gi ven to i ts request by His
Excellency The President of the Court. However,
we respectfully request the Court to consider the
exceptional circumstances which the Applicant
State is facing.
(5). There is a real likelihood that aggressor forces
will forcibly gain control of the Applicant
States' Capital City, Sarajevo before the
proposed hearing date for the Second Request.
Since the beginning of this aggression, nearly a
quarter of a million of the Applicants States'
People have been killed. More than 1 million have
been injured, and over 2 million have-_been forced
handslee of tther aggressors, If Stherevo is faa real intdangere
that its inhabitants will be completely
exterminated by means of genocide.
( 6). The Court has before i t the evidence fi led in
support of the Application and the Second
Request, which clearly shows that the Respondent
State and its surrogates and agents have carried
out genocide and genocidal acts and have
continued to do so, in blatant violation of the
Court's Order dated 8th April 1993. There is a
grave danger that, unless the Court grants a
further Order immediately, Sarajevo will be the
scene of immense carnage if i t falls to the
aggressor forces.
The Applicant State recognises that this Request made to the
Court is an exceptional one. However, the Applicant State is
appealing to the Court to exercise the powers it possesses, in
arder to prevent further genocide. In the light of the rapidly
deteriorating circumstances, especially the situation concerning
the capital city of Sarajevo, the Applicant would respectfully
urge the Court to exercise its powers before i~ is too late.
The Court has the fate of the Applicant State and its People
before i t. The Court is presented wi th clear evidence of an
aggression whose aim and purpose is to completely eliminate the
Applicant State and its inhabitants by means of genocide. This
will happen unless the Court grants the measures requested
immediately. The Applicant State and its People appeal to the
Court to do so. -·
/
3
Attached to this communication is a letter written by President
Izetbegovic dated 3rd August 1993, addressed to their
Excellencies Boutres Boutres Ghali and Willy Claes. We hereby
submit the aforesaid letter in support of this Request.
Respectfully submitted by,
Francis A. Boyle
Professer of International Law
General Agent for the Republic of
Bosnia and Herzegovina before
the International Court of
Justice
fl~ /kÛb
~
J7:'J5' ~;.
,-Î
) REPUBLIC OF BOSNIA AND HERZEGOVINA.
PRESIDENCY
United Nations Secretary General Boutres Boutres Ghali
President of the Council of Ministers of the European
Communities, Minister of Foreign Affairs of Belgium, Mr. Willy
Claes
3rd August 1993
Sirs,
The Delegation of The Republic of Bosnia and Herzegovina is
here in Geneva negotiating in good faith in arder to seek a
settlement in accordance wi th the United Nations Charter, the
relevant Security Council Resolutions, and the Principles of the
London Conference. Despi te the prier assurances we recei ved from·
the United Nations and the European Communi ty bef ore coming here,
we have just now recei ved information that ·yesterday, the
aggressor forces launched repeated·attacks against the towns of
Brcko, Maglaj, Tesanj, Olovo, and upon the mountains around the
capi ta! of our State, Sarajevo. In the town of Tesanj, the
aggressors used ground to ground missiles of the Luna type, with
devastating effect upon the civilian population. Moreover, the
humani tarian situation for the ci vi lian population living in·
these areas has deteriorated to sub-human conditions. There is
no water, food, or gas supplies for tens of thousands of human
beings.
We wish to draw to your attention that here at United
Nations Headquarters in Geneva we are repeatedly confronted with
diktats and ultimatums that we accept faits accomplis based upon
the ·illegal use of force, war crimes, ethnie cleansing i:md
genocide. This is in explicit violation of the United Nations
Charter, the relevant Security Council Resolutions, and the
Principles of the London Conference.
The recent initiatives by President Clinton and NATO
upholding the Principles of the United Nations Charter and the
London Conference have encouraged us to remain here despite al!
these difficulties. However, in the light of these recent
developments, we are asking you to take urgent and necessary
action to terminate and reverse these results of aggression and.
genocide for the purpose of promoting a settlement here in
Geneva, and to alleviate the catastrophic suffering of our people
at home.On our part, this is to inform you that the Presidency;
of the Republic of Bosnia and Herzegovina has today issued an
Order to our Armed Forces to use force strictly in self-defence.
Please accept the expressions of my highe:$t consideration.
Alija Izetbegovi
President of the Pres
Copies:
Co-Chairmen of the ICFY
Mr. D. Owen and Mr. T. Stoltenberg
!.·i·\
\..JJ PHONE: 3871610340; 664941; 664897; fax6649.42
Amendment by the Republic of Bosnia and Herzegovina to the Second Request for the Indication of Provisional Measures by submitting a Request for an immediate Order without Hearing pursuant to the Second Request