APPLICATION PROCEEDINGS
SUBMITTED BY
THE REPUBLIC OF BOSNIAAND HERZEGOVINA
3- March 1993
To His Excellency, the President, to the Judgesof the
InternationalCourt of Justice, the undersigned beingduly
authorizedby the Republic of Bosnia and Herzegovina:
I have the honor to refer to Article IX of the Convention on
the Prevention and Punishmentof the Crime of Genocide of 9
December 1948 (hereinafter referredto as the "Genocide
Convention8').Under the jurisdiction thereby conferreu dpon the
Court, and in accordance witA hrticle36(1) and Article 40(1) of
the Statute of the Court and Article38 of the Rules of Court, I
hereby submiton behalf of the Republicof Bosnia andHerzegovina,
an Application instituting proceedings against Yugoslavia (Serbia
and Montenegro) for violatingthe Genocide Conventionin the
following case.
I. STATEMENT OF FACTS
Introduction
1. Not since the end of the Second World War and the
revelationsof the horrors ofNazi Germany's "Final Sol~tion~~ has
Europe witnessedthe utter destructionof a People, for no other
reason than they belong to a particular national, ethnical, racial,
and religious group as such. The abominablecrimes taking place in
the Republic of Bosnia-Herzegovicaat this time can be called by
only one name: genocide. Genoc~de is the most evil crime astate
or human beingcan inflictupon another state or human being. The
sheer enormity of this crime requires that the nations of the world
stand together as one, and with a single voice stop the destruction
of the Bosnian People.
crimes of the Nazis, sought to create laws which would prevent the
genocide and punish thosewho would commit genocide. To wit, in
1948 the United Nations General Assembly adopte tdhe Convention of
the Prevention andPunishmentof the Crime of Genocide (78 U.N.T.S.
277, adoptedDec. 9, 1948, entered into force Jan. 12, 1951). BY
its terms, the contracting parties sought to undertake measures
which would endthe crime and punish the transgressors. The People
and State of Bosnia and Herzegovinahave suffered andare now
suffering from the effects of genocide imposedupon them by Bosnia and elsewhere, whosueeltimate goal is no less than thetesin
destructionof both the State of Bosniaand its People.
Bosnian People cry out to the world and pray that the civilized
nations of Earth willlend its wisdomand grace and save the
Bosnian State and Peoplefrom annihilation.
3. This Statementof Facts seeksto establish that the People
and State of Bosnia and Herzegovina have suffered from a crime no
less than genocide, asdefined by the 1948 Genocide Convention. In
this brief Application,Bosnia and Herzegovinacannot possibly hope
to catalog allthe available evidence relatet do the acts of
genocide thathave been perpetrated upon its People by Yugoslavia
(Serbia andMontenegro)and its agentsand surrogates.
Nevertheless,the collectionof evidence listed below clearly
indicatesthat under the termsof the Genocide Convention, Bosnia
and Herzegovinahas created a prima facie casethat the
internationalcrime of genocidehas been inflictedupon its people
by Yugoslavia (Serbia and Montenegro)and its agents and I
surrogates.
4. Those who are committingthese unspeakableacts listed
below are attemptingto effectuatethe completeand utter
destructionof the State of Bosnia and Herzegovinaas well as the
exterminationof its People. By the terms of the Genocide
Convention,these are the very same acts that itscontracting
parties soughtto "preventand to punish.lwTherefore, the People
and State of Bosnia and Herzegovina charge that Yugoslavia (Serbia
genocide, and will continueto commit genocideunless they ared
stopped. The Bosnian People pray that as the world learns of the
atrocitiescommitted in Bosnia and Herzegovina,humanity, justice,
and rule of law will prevail. Their only hope is that the world
will undertake to end the bloodshed againstthe People and State of
Bosnia andHerzegovinaand bringthe transgressorsto justice.
B. The History of Bosniaand Herzecrovina.
5. Throughout centuries Bosniaand Herzegovinawas a theater
of constantfighting for supremacy of the world powers: Venice-
Italy, the Ottoman Empire, the Austro-HungarianEmpire and others.
Her People were used forthe goals of the powerful, being sometimes
willing, mostof the time unwilling, participants it nheir
strategic conquestsof lands and historic power plays. Yet, the
People of Bosnia and Herzegovina managedto preserve their identity
amidst the din of powerful armies and arms, the identity of
tolerance and coexistence. The testimonyto the preservation of
their identity is the preservationof their commonlanguage, common
culture, andrespect for each other. The testimony to the
tolerance and respect have been numerous culturalobjects, Catholic
for centuriesuntil now, whenthe enemy of the culture and theother
civilizationannihilatedthem all. Over 50% of all marriages in former Yugoslavia aremixed marriages. These marriages are also a
powerfultestimony of the tolerance,respectand the caring that
the People of Bosnia and Herzegovina haveheld for each other.
6. Bosnia and Herzegovinais centuriesold. The first
recorded nameof Bosniaappeared in the writings ofthe Byzantine
emperor and author, Constantine Porphyrogenitus t ine 10th
century. From that timeon many historicallyacknowledged rulers
in that geographic region incorporatet dhe name of Bosnia into
their titles:
-- the "BanM (Governor)of Bosnia, themore widely known
being, e.g.Ban Boric (1154-1163);
-- Ban Kulin (1180-1203) ;
-- Ban Stjepan Xotromanic (1322-1353) whosg eovernorship
extended overthe area of Hum (today'sHerzegovina);
-- the King of Bosnia, e.g. Tvrtko I (1353-1391))crowned in
Mile near Visoko in1377 (he also ruledover the areas of
today's Serbia (Raska), Croatia and Maritime Dalmatia--
Croatia andPrinorje (Maritimes));nia, Raska, Dalmatia,
-- TvrtkoI1 (1421-1443)--during his reignthe Serbian
Despot (titleof Serbian rulers) Stefan Lazarevic
attacked ~osnia with his armies, specificallythe region
of the srebrenica,trying to capture the strategic silver
mine in the region in 1432-1433;subsequentto
Srebrenica'scapture by the Serbs, the Bosnian King Tomas
-- King stjepan Tomasevic (1461-1463).
7. In 1463 the Ottoman Empire conquered Bosnit aogether with
Serbia, Montenegro, Slavonia and Lika. Bosnia'sdistinctiveness
was reconstitutedin the form of the "BosnianPasha-dom (Pashaluk)It
that was founded in1580. This was thelargestTurkish military-
administrativeunit in the Ottoman Empire, consisting of most of
Serbia, Montenegro, Slavonia, Lika, Bosnia and Herzegovina and
Dalmatia. The Bosnian Pasha-dom functionedin that form without
any changes until the War of Vienna (1683-1699) betweenthe Ottoman
Empire and the ~ustro-HungarianEmpire. In 1703 the Vizier of
Bosnia moved the seat of the Pasha-dom fromSarajevo to Travnik.
From then and up until 1878, these borders would shift due to
formations.y the Austro-Hungarian Empire and other ethnicarmed
8. At the Berlin Congressof 1878,the European military
powers gave the mandate to conquer Bosnia and Herzegovina to the
Austro-HungarianEmpire, whichstipulated thatthe Turkish Sultan's
sovereignty be formally t'recognized.NIn 1908 the Austro-Hungarian
Empire annexed Bosnia and Herzegovina, which then became an
administrative unitof the Austro-HungarianEmpire. Nevertheless,
the proclamation of Bosnia and Herzegovina'sstatehood was embodied
1916iat Sarajevo. Inabo1918aBosnia and Herzegovina wascmadeaa part
of the newly created Kingdom of Serbs, Croatsand Slovenes, which was later renamed into the Kingdom of Yugoslaviain 1933. During
the Second World War Bosnia and Herzegovin was a part--llGoverndom
of Bosnia and Herzegovinat@--ofhe IndependentState of Croatia.
In 1945 Bosniaand Herzegovinabecane a federal unitwithin the
former Yugoslaviaand had the elements of statehood (administrative
government, tax collection, socialand welfare state programs
etc.).
9. Throughout thecenturies Bosnia andHerzegovina offered
refuge to all who needed it; e.g., the SephardicJews who escaped
the Spanish Inquisitionand Pogroms of the King Ferdinand and Queen
Elizabeth settled in Bosnia and Herzegovinand in 1565 and formed
their first municipalityin Sarajevo. Bosnia anderzegovina
guarded its heritagewith its own life. In Bosnia, the human
rights of all were respected centuriesbefore the Universal
Declaration of Human Rights came into being. Now Bosnia is being
human and democratic valuesafter decades of communist rule. Theore
Bosnian People want to live together,as they did for centuries,
regardless of ethnic background, religion or political J
affiliations. As one of the youngest sovereigndemocracies in the
World and a Member of the United Nations Organizationthe Republic
of Bosnia and Herzegovina is experiencintghe most difficult crisis
in her thousand yearhistory. Aggressionbrought upon her by
extreme militant factionsof the Serbian DemocraticParty operating
in conjunction withthem has createdthis human tragedy.
C. torical Account of theCwent Viol-
-
aggression against the newly independenstates is the genesis of
the genocide currently taking placein the Balkans. Since that
time, the atrocitiesof Serbian forces committed against Bosnians
and Croatianshave now beendocumented in many human rights
reports. These recent actsof genocide are rootedin part due to
the collapse of The League ofCommunists in early 1990. It was
soon thereafter in April and May of1990 that Slovenia andCroatia,
which had always feared andresented Serbian nationalism, helf dree
that vowed to convert the former Yugoslavia intoa confederation
or, if this were blocked by Serbia, to secede. After fruitless
negotiations, bothrepublics carried out this pledge on25 June
1991.
11. Fighting between Serb guerrillasand Croatian forces,
which had been occurring for monthsi,ntensifiedafter Croatiafs
forces suffered heavy casualtiesand lost aboutone-third ofroatian
Croatiafs territory to Serbian insurgents acting inonjunction
with the former Yugoslav PeoplefsArmy (YPA). These agents and
surrogates of the former Yugoslaviaproclaimedthe "uniont@of the areas they inhabited withSerbia. In January of 1992, Croatia
agreed to the deploymentof a U.N. peacekeepingforce in the areas
of conflict inside Croatia.
12. The next former Yugoslav republicto be engulfed in the
Herzegovina in November and December 1990eled to the victory of
three ethnicallybased parties representing Serbs, Croats, and
Muslims. These three parties formeda coalitiongovernment with
the Party of Democratic Action leader, His ExcellencyAlija
Izetbegovicas head of the collective Republic Presidency.
13. Nevertheless,From Septemberto November 1991,the
Serbian DemocraticParty declared thar several Serbianso-called
autonomous regionswithin Bosniaand Herzegovina wouldsecede from
the Republic if the Republic declaredits independence fromthe
former Yugoslavia. Some of these regionshad Serbian majorities,
while others had relatively few Serbs, but were strategically
located betweenthe Serb majority areas and Serbia itself.
14. In December of 1991, Bosniaand Herzegovina appliedto
the European Community (EC) for recognition as an independent
state. Its Government also announced that a referendum wouldbe
held on Bosnia andHerzegovina'sindependence onFebruary 29 and
March 1, 1992. Independencewas overwhelminglyapproved by 99.4%
of those voting. Turnoutwas 63.4%, largely because ethnic Serbs
(who make up about 31%of the Republic'spopulation)boycotted the
vote. In other words,almost 63% of the electorateopted for
independence. Neverthelesst,his referendumwas valid underthe
then applicableconstitutionallaw. The sovereign state of the
Republic of Bosnia and Herzegovinaproclaimedits independenceon 6
March 1992. The Presidency ofthe Republic ofBosnia and
Herzegovina hasseven elected members--two Muslim representatives,
two Croat representatives,two Serb representatives andone member
representing otherand undeclared citizens of the Republic. This
body, which represents all of the citizensof Bosnia and
Herzegovina, includingthe Bosnian Serbs,has envisioneda
constitutional andadministrative frameworv kery similar to the one
found in the United Statesof America and the other Western
democracies.
15. Accordingly,the European Communitydecided to recognize
the Republic of Bosnia and Herzegovinaon 6April 1992. But on 4
cooperation withthe former Yugoslav People'sArmy (YPA), including
its air forces, hadlaunchedmilitary attacksthroughout the
Republic of Bosnia and Herzegovina. The attacks intensified after
EC recognitionwas extended onApril 6.
16. On April 7, Serb militia forces, acting at the behest of
and in cooperationwith the former YPA,announcedthat they had
somehow created the so-called"SerbianRepublic of Bosnia and
Herzegovina." These former YPA military and paramilitary forces
and militias quickly seized about two-thirdsof the territory of the Republic of Bosniaand Herzegovina. These former YPA military,
paramilitary, and militia forces rapidly conqueredethnically mixed
areas and Muslim-majorityareas in central and eastern Bosnia.
17. In an unsuccessful attempt to head off U.N. economic
sanctions against Yugoslavia (Serbia and Montenegro) for their
support and direction of Serb militaryand paramilitaryforces in
Bosnia and Herzegovina, the former YPA announced inMay that it was
withdrawing fromthe Republic. Nevertheless,the former YPA also
announced that the former YPA soldierswho were born in Bosnia and
Herzegovina (whomthey estimatedto be about 80%) could stay in the
Republic with the former YPA1s weapons, equipment, and supplies.
As of today, these Serbian militaryand paramilitaryforces and
militias in Bosnia and Herzegovina operate under the direction of,
at the behest of, and with assistancefrom Yugoslavia (Serbiaand
under internationalislawafor all of their activities as well as the
activities of the former YPA.
18. Respondent'smilitary and paramilitary forces and its
militias evenbombardedand laid siegeto Sarajevo, the capital of
the Republic of Bosniaand Herzegovina. The United Nations
received permission from these warring forcesto send a
peacekeepingcontingentfrom the U.N. force in Croatia to secure
the Sarajevo airport on June 29 in order to open a humanitarianaid
pipeline into the city. Nevertheless,the Respondent's siege and
bombardmentof Sarajevo,by means of military and paramilitary
forces and militias and agents and surrogates, ruthlessly,
brutally, callously, and inhumanely continues today.
19. The focus of international concern about the situation in
Bosnia and Herzegovina soon expande beyond Sarajevo, as a result
of accumulatingreports from the nearly 2 million Muslim and Croat
refugees expelled from these Serb-held territories. Victispoke
their homes, Most appalling, however, were ireports of Serb-run
detention camps. Witnesses toldof summary executions, gang rapes
of female prisoners, beatings,torture and starvation of prisoners.
20. On August 7, Bosnian diplomats released a July 8 Memo
from U.N. peacekeepersin Croatia, whichstated that Serb militia
forces in the Republic of Bosnia and Herzegovina had intensified
so-called "ethnic cleansingo uperationsin May 1992. According to
U.N. General Assembly Resolution 47/121 (18 December 1992), below,
Respondent's ##ethniccleansingMagainst the Bosnian People "... is
a form of gen~cide,~ Indeed, Bosnia and Herzegovinasubmits that
in fact '#ethnic cleansingnis really a euphemismfor acts of
genocide within the meaning of the Genocide Convention.
21, Thus, from the very moment of its birth as an independent
state on 6 March 1992, until the present hour, the People and State
exterminationby Yugoslavia (Serbiaand Montenegro) actingint of
conjunction with its agents and surrogates and military, paramilitary andmilitia forces under its control in sovereign
~osnian territory. Accordingly,the People andState of Bosnia and
Herzegovinacharge that acts of genocide have been, and are still
being perpetrated uponthem by Yugoslavia (Serbiaand Montenegro)
and its agents, and surrogates,as well as by military,
paramilitaryand militiaforces that it still controls in sovereign
Bosnian territory. Consequently,the People andState of Bosnia
and Herzegovina invoke the norms and standar ofs international
law, and relyupon this Court, to bring themimmediate, effective,
and definitiverelief.
D. Planninu for a "GreaterSerbia.I1
22. As previously explained, much of the earliestviolence
(predatingrecognition)was causedby paramilitaryunits from
Serbia and Montenegroin the former Yugoslavia, whichcarried out
acts of terror and intimidation against non-Serbs. The war did not
break out spontaneouslybut was consciouslystimulated from the
outside in the absence of any significant threatto the safety of
the Serbian populationin Bosnia. The greatest atrocity--the
systematic shellingand starvationby siege of large cities--was
carried outby Yugoslav/Serbianforces, which alone had both the
means and the will to carry out such crimes against humanity.
Civilians werethe primary targets of military action, making a
mockery of the Geneva Conventions. Accompanyingabuses of
individualsand groupsof non-Serbstook almost everyconceivable
form of torture, humiliation,and killing. The policy of driving
out innocent civiliansof a different ethnicor religious group
from their homes, so-called "ethnic cleansing,"was practiced by
~ugoslav/serbianforces in Bosnia on a scale thatdwarfs anything
seen in Europe since Nazi times.
23. Consideringthe manner of the aggression,confiscationof
documents and the consequences manifestedby the aggression, it is
clear that the Yugoslav/Serbaggression has been planned in
and occupying areas where theylive. Yugoslavia (Serbiaandthe nation
Montenegro) hasbeen and iscontinuing todayto implement
longstanding plansto create a so-called "Greater Serbian that go
back for almost 150years.
24. The Respondent'sconcept of the "GreaterSerbiaw is based
upon the "Nacertanije (Plan)"publishedby the Serbian priest
Garasanin in 1844. More recently, this plan to create a "Greater
SerbiaH was forthrightly articulated in a "Memorandum"published by
the Serbian Academy of Sciences and Artsin Belgrade in 1984. The
current President of Yugoslavia (Serbia and Montenegro)was the
guiding hand behindthe drafting of that wMemorandum,~w'hich calls
for the creation of a "GreaterSerbia."
25. For example, theRespondent'splan to create a *Greater
Serbia1#also goes back to a 20 December 1941 proclamationby
General Draza Mihajlovic, the commanderof the Royal Chetniks. The proclamationwas a directiveto Serbian militarycommanders in the
field stating the following war aims,in relevant part:
-- "creationof a Great Yugoslaviawith the Greater Serbia
which oughtto be ethnicallypure within the boundaries
of Serbia, Montenegro, Bosnia and Herzegovina, Srijem and
Backa
-- cleansing of the state territory of all national
minoritiesand non-national elements
-- creation of joint bordersbetween Serbia andMontenegro
and between Serbia and Bosnib ay way of cleansing of
Sanjak of Muslimpopulationand Bosnia ofMuslim and
Croat population
-- struggle to incorporate into our stateall of the Slovene
and Northern Albania withdShkoder." well as Bulgaria
26. Respondent has also incorporate tdhe policy of Captain
Milo6 N. Jovanovic, the commander of the Ozren core, who instructed
Golub Mitrovic, the commanderof the Zenica Chetnik column in his W
letter of 13 February 1943: "Nota singleMuslim isgoing to
remain amongst us. All those Catholicswho have sinned against our
people, as well as all the intellectualsand all those economically
superior we shall destroy mercilessly.~ Likewise,another
historical figurewho contributedto Respondent'splan for a
Greater Serbia was Mile Santic, the Chetnik militarycommander
where he stated: "The Serbian landsmust be cleansed from Trebinje,
~atholics and Muslims. They will bepopulatedby Serbs only. The
cleansing will bedone thoroughly. We shall pushthem all and
destroy themwithout exceptions and without mercy. That shall be
the starting point of our liberation. That mustbe done very
quickly and with a revolutionaryfervour."
27. It is obvious thatRespondent'slongstandingplans to
create a "Greater Serbiauare currentlybeing implemented in Bosnia
and Herzegovina. In the period ofthe aggressionuntil now,
hundreds of thousandsof citizenshave been killed; hundreds of
thousands have been severely injured;many hundreds of thousands
millions have been driven out ofitheir homes--"ethnicallys;
cleansedw--to otherregions andcountries. In one such instance of
genocide, Dr. Filipovic--amember of the Bosnian Government-in his
press release on 16October 1992, stated that as many as 5,000
bodies were cremated in a furnace at the Tomasica ironore mine,
according to eight eyewitnessaccounts. Some witnesses report that
people were burned alive inthe furnace (identities of the
witnesses are known to the Bosnian Government). People who have
escaped fromthe Prijedormine report that some 20,000 peoplewere
killed there and that the bodies were covered with mining debris.
who have suffered in their homes, onthe streets, in hospitals, and
in maternity wards. Bosnian officials have numerousdocumented cases wherethe aggressor has carved with kniveo sr burned with hot
irons humiliatingsymbolson the bodies of living people. Victims
have been tortured by thirst, starvationand beatings until they
died. Some have been forcedto give blood until completely drained
of blood. Girls are being raped, and breasts of women have been
dissected after they havebeen raped. People are being burned,
crucified andthrown into pits.
29. All symbols that identify national and religious sites
are being destroyed; centurieo sld religiousbuildings and
cemeteriesare being dug up. Hundreds of communities,dozens of
buildings are being demolished.strMostof the industriesandd other
factories havebeen dismantledand stolen; the most modern
factories havebeen transferredto Yugoslavia (Serbiaand
Montenegro). Bosniaand Herzegovinais defending Itself,but with
inadequatearms. The BosnianPeople areunable to stop the crimes
conducted by the better equipped military machine of Yugoslavia
(Serbia and Montenegro) acting in concert wii tths agents and
surrogatesin Bosnia and elsewhere.
E. The Conventbn of the Preventionand P-nt of the Cra
30. For the sake of convenience, specific factual allegations
of genocide by Yugoslavia (Serbia and Montenegro)and its agents,
surrogates,military and paramilitary forces and militias thatit
relevant provisionsof the Genocide Convention,corwhich read as
follows:
The ContractinaParties
Havina consideredthe declaration madeby the
General Assembly of the United Nationsin its resolution
96 (I)dates 11December 1946 that genocideis a crime
under internationallaw, contrary to the spirit and aims
of the United Nations and condemnedby the civilized
world; . .
&eco- that at all periods of history genocide
has inflicted great losses on humanity; and
a convlnceathat, in order to liberate mankind
from such an odious scourge, international co-operation
is required:
Herebv auree as hereinafter~rovided.
Article I. The Contracting Parties confirm that
genocide, whethercommittedin time of peace or in time
of war, is a crimeunder internationallaw which they
undertake to prevent and to punish.
Article IT. In the present Convention, genocide
means any ofthe following acts committed with inten to destroy, in whole or in part,a national, ethnical,
racial or religious groupas such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harmto
membersof the group;
(c) Deliberately inflicting on the group conditions
of life calculatedto bring about its physical
destruction in whole or in part;
(d) Imposing measures intended to prevent births
within the Forcibly transferring childreo nf the group to
another group.
Article 111. The following acts shall be
punishable:
(a) Genocide;
(b) Conspiracyto commit genocide;
(c) Directand public incitementto commit
genocide ;
(d) Attemptto commit genocide;
(e) Complicityin genocide.
Article IV. Persons committing genocide or any of
the other acts.-enumeratei dn article I11 shall be
punished, whetherthey are constitutionallyresponsible
rulers, public officials or privateindividuals.
31. The People and State of Bosnia and Herzegovinadeclare
the following evidenceto be good andsufficientto constitute a
Drima case of genocide against the Respondent, andrequest
that all appropriateactions be taken forthwithby this Court in
accordance withthe standardsof the Convention andthe norms of
genocide as organized in accordance withthe relevant provisionsof
the Genocide Conventionquoted above. With respectto each claim
examined, Applicant submitsthat as long asthe circumstancesof
the situation indicatethat the actors "intendedto destroy, in
whole or in part, a national, ethnical, racial, r orligious
group," the actor has committedan act of genocide, withinthe
meaning of the ~enocide Convention. These acts, whichhave been
confirmed by the public record,are sufficientto charge and
establish against the Yugoslavia (Serbia and Montenegro) and its
agents and surrogates a prima facie caseof genocide within the
meaning of the Convention.
F. ic Pactualeaations of Acts of Genocide.
32. Shortly after the former Yugoslaviaarmy swept into
eastern Bosnia in April of 1992, a bearded soldier climbed the
minaret of the Rijecanskamosque in the town of Zvornik, hunga
skull-and-crossbonesflag outthe window, and placed a cassette onthe recorder. From the tower, where the ~uslim call to prayer
formerly soundedfive timesa day, blood curdling Serbian
nationalistsongs blared forth: "If you're not with us, we will
kill you. We will slit yourthroatsu and "You're a liar if you say
Serbia is small."
33. An official list of 115 destroyedand damaged mosques and
other objects, obtainedby Newsday from Behar, a new Bosnian
cultural affairs monthly,covered onlythe first six weeks of the
war. See New York Newsday, Sept. 2, 1992:
"It is terrible. It is unbelievablefrom the point
of view of the history of art and architecturetfil
commentedBogdan Bogdanovic,a Serbian architectand ex-
mayor of Belgrade. I1Beautiful cities have been
buildings. Itstis a great crime against civilization,ica
disgrace for my people andfor the army whichdoes that."
The destroyed or damaged treasures include the
oldest, themost famous,and the most beautiful mosques
in Bosnia, according to the official Bosnian list, and
numerous other sources. All 14 mosques in and around
Foca, among themthe Aladza (the colored mosque), built
in 1550 and said to be one of the most beautiful mosques
in Europe,were destroyed,as was the UstikolinaMosque
near Foca, built in 1448, the oldest mosque in Bosnia; 13
mosques inMostar all built between 1528and 1631--among
them the Karadjoz-Begovamosque, built in1557.
Priceless treasuresin Sarajevo have been damaged or
destroyed including the Gazi HusrefBeg Mosque, built in
1565, the Ali Pasha Mosquefrom the sameperiod, andailt in
dozen smaller mosques of similar age. Serb artillery
badly damaged theGazi Husref Beg library,from about
1530, and the century-oldcity hall,which contained the
national library,and completely destroyed the library of
the oriental Instituteand the new Islamicseminary and
also assaultednearly every library atSarajevo
University.
....
The pattern is repeated acrossBosnia.... 200
mosques were destroyedand another 300 damaged between
April and late July. .... in areas of Serb occupation, 90
percent of the mosques havebeen destroyed.
.... the Aladja [Aladza]mosque was damagedby
mortars during the Serb assaultin mid-April butsurvived
because of its stone construction. Early in July, the
Serbs planted dynamitearound the site and blew it up.
growing on the site.thTheuSerbs.also blew up Ustikolina
with dynamite at the end of June, and destroyed Ferhadlja
in Banja Luka in May.
nour clear impressionis that they are not
destroying some historical monuments but every historical monument which representsthe culture,tradition and
architect....a people," said Zehrid Ropic, a Tuzla
.... mosques were used by Serbs asprisons,
slaughterhousesand morgues. Alija Luinovic, 53, who was
one of the witnessesquoted. .. I1Thedidn't let us go to
the toilet. We had to relieve ourselvesin the sacred
ablution basin, ...tt
34. On 16 May 1992,at least 83 Muslims were summarily
executed by Serbian paramilitary unitsin the village of Zaklopaca,
which had been an almost exclusivelyMuslim village. By the
account of one witness, Najla Hodzic, the Serbian paramilitary
Serbian soldiersapproachedmmHodzic's house, and called Hodzicts
brother-in-lawHaso, an "Ustasa." The Serb units ordered Haso to
give up his weapons (Hasowas unarmed at the time) and when he did W
not comply immediately,he was shot and killed on the spot. This
is an act of genocide: the soldiers labelled Haso an Ustasa,
indicatingtheir identificationof him as a Muslim, andkilled him
immediatelyafter identifyinghim as a Muslim. These are the very
acts the Convention sought "to prevent and to punisht1
(Interviewedby Helsinki Watch, War Crimes in Bosnia-Herzesovina
35, 35-37 (1992) (personal testimony of summary executionsby
Serbian soldiers against Bosniancitizens)).
35. There are many other reports ofSerbian soldiers whohave
targets. For instance, in the city of Bihac, where there are no
significant militarytargets, daily shelling occurs. In this city,
a director of a hospitalstated that 51 children have been killed.
(UNITED NATIONSDOCUMENTATION: COMMISSIOONN HUMAN RIGHTS, UN Doc.
E/CN.4/1992/S-1/9,24 August 1992, page 4).
36. The U.S. State Department also confirmt she existence of
intentionalkillings of Muslims and Croats by Serbian paramilitary
forces in the Republic of Bosnia and Herzegovina. (A STAFFREPORT
TO THE COMMITTEE ON FOREIGN RELATIONS OF THE US SENATE, THE ETHNIC
CLEANSING OF BOSNIA-HERZEGOVINA,August 15, 1992) State Department
spokesman Richard Boucher confirmed reports of the existence of
detention centersin Bosnia and Herzegovinawhere citizens are
being tortured andkilled (IdPage 5). Furthermore, Serbian unit
which resultedin the death of an infant and toddleruo (Id).cIn the
town of Kozaracs and surrounding villages(a predominantly Muslim
area), Serb unit forces attacked on May 24 with mortarand
artillery in an attack that lasted all night. The townspeople
eventually surrenderedafter hidingin the woods. They were
released once they had forfeited theirweapons. The next day,
however, the Serb units showed upagain and shelled the now
defenseless villagersand townspeople (u Page 8). 37. This Report also documents the killing of elderly persons
(a). Recreationalkillingsof Muslims and Croats occurredin the
Serb-run detention camps. Paramilitarygroups from Serbia would
nationalistsongs.t nThose judged insufficientl enthusiasticwould
be pulled outside and made to fight in what was effectivelya human
cockfight. Two men would take turns slapping eachother. The man
judged to be the weaker slapper would be killed. A witness
testified that one time the Serbian paramilitariescut off the
loser's ears and nose before slittinghis throat (Id Page 11). The
Report also statesthat the main victims of Serbian unit aggression
are civilians, notcombatants, (u Page 12). There are explicit
incidencesof Serbiansmaking a conscience effortto kill Muslims.
One witness recountsthe events precedingthe killing of a Muslim
as follows: "They asked the man: 'What is your religion?' Then
they killed him." (IdPage 17) Infact, Muslim places of worship
seven ~uslims were killed at a mosque, and that the mosque wast
subsequently destroyed (IdPage 18).
38. Additional U.S.State Departmentfindings are detailed in
the US Departmentof State publicationDis~atch. ("Supplemental
Report on War Crimes in the FormerYugoslavia,"US Department of
State Dispatch. Nov.2, 1992. Vo1.3, No.44. Page 802). This Report
described the point blank killing of Muslim refugees by Serb
militia forces; how-more than 200 Muslim men and boys were
systematicallymassacred by Serbian militia forces on a narrow
killedi(utPage 802). One witness who was capturedby Serb forces
gavethe following account of his captivity: He saw at least 30
people takento sewage canals where therethroats were cut; he saw
a doctor slitthe throats ofhealthy young persons, cutthe organs
and pack themin plastic bags, and thenput them in a refrigerator
truck; he also saw how the guards broke a prisoner's head with gun
butts to spill the brains. They then called the dogs to eat the
brains (fdPage 803).
39. Another example of the intent to kill Muslims
specificallyis the killing of Imam Mustafa Mojkanovic of Bratunac.
thousands of Muslim children,women and the elderly. Serb unitof
guards ordered him to cross himself. When Mojkanovic refused, they
beat him, stuffed hismouth with sawdustand beer,and slit his
throat (;LBPage 804).
40. Killings of Muslims bySerb forces arequite sadistic in
nature as well. One Muslim prisoner of a Serb-run detention camp
told of three prisoners beaten unconsciousand then revived with
cold water. Then, one of theprisonerswas forced to bite the
testicles off another. Thatprisoner died of blood lossthat
evening (u Page 827)-
41. Prisoners at the death campsare often killed forthings
such as not singing Serbian national songsloudly enough (n). Many Muslims at these camps are killed by knife carvings in the
shape of a cross in their chests (m Page 828). This Report also
said that 36 Muslim adult patients and 27 Muslim children were
taken out of the hospital and shot on the hospital grounds in order
to make room for wounded Serbian soldiers (a).
42. Reports of mass killings of Muslims and Croats in Bosnia
and Herzegovina havealso beenreported by the International
Society for Human Rights. (Dobinson,Jon. "Human Rights in the
Former Yugoslav States: Report2 - Ethnic CleansingIt1ISHR. July
1992). This report cited howUS RepresentativeFrank McCloskey was
inspectedthe bodies ofei43 Croatianskilled in a massacre in the
city of Vocin. He observedthat people had been burned to death,
killed with axes or a chain saw,or shot at close range. Noses,
fingers, and ears had been cut off, and eyes had been gouged out.
(u Page 7) The report also documentshow many Muslim residents of
the town of Sarajevo and Visegrad had been kidnapped andkilled.
(Id Page 8). Further, buses filled with Muslimand Croat refugees w
were set on fireby Serbian militia members, and then shot up with
a machine gun. Many of those on the buses werewomen and children
(u Page 10).
43. Additional reports of killings of Muslims are detailed in
Witnesses, Itsavethe Humanity.'SaDanijcla Ozmey7,t71000 Sarajevo ,
Bosnia and Herzegovina) Here, accounts are given of Muslims killed
with wooden crosses tied to their bodies. (Witness1, 30 May 1992)
Another witness testifiesthat after Muslim houses were robbed, the
men were beaten for 4 to 6 hours, whilethe women and children were
forced to listen to their screamsfor help. After this, 35 of the
men were shotto death. (Witness 2, 1 June 1992) Other witnesses
also testify that thesewere organizedmurders. (Witness3, 28 May
1992; Witness 6, 31 May 1992).
44. All of the above accounts clearly establish violations of
Genocide Convention,Article 11, paragraph (a), "Killing members of
the group.
Caus-ous Boalv or Mental Harm to Members of the Group
45. Article II(b) of the Genocide Convention defines genocide
as "Causing serious bodily ormental harm to members of the groupw
if committed "with intent to destroy,in whole or in part, a
national, ethnical, racial or religiousgroup as such." In the war
against Bosnia and Herzegovinaby the Respondent,rape is being
used as a weapon of war. The rapes of Bosnianwomen are not
sporadic incidents,but rather are part of a calculated plan of
destruction of the Muslim people in Bosnia.
46. "Rape and sexual abuseas forms of torture or cruel,
international humanrights standards,as well as of international Her~egovina.'~(AmnestyInternational,loBosnia-Herzegovin
and sexualabuse by armed forces,"January, 1993, p.2) a Rape
[hereinafteroaAmnestyInternationalReport*]. In particular, rape
and sexualabuse are in direct violationof the Genocide Convention
because theycause "seriousbodilyo1 and "mentalharm."
47. According to investigationsby both Amnesty International
and the European council, the rapesand sexual abuses that are
occurringin Bosnia and Herzegovina arepart of a deliberate and
constitutesgenocide under the terns of the Convention.his
48. In its report, uBosnia-Herzegovina:Rape and sexual
abuse by armed forces,1oAmnesty Internationalfound that "abuses
against women,such as rape, have been widespread inBosnia-
Herzegovina"and that "Muslimwomen have been the chief victimsand
the main perpetrators have been members of Serbian armed forces."
concludedthat the rapes andsexual abuse ofMuslim women in Bosnia
and Herzegovinahalve] been carried outin an organized or
systematic way, with the deliberate detention of women for the
purpose of rape and sexualabuse. Such incidentswould seem to fit
into the wider pattern of warfare, involving intimidationand
abuses against Muslims and Croats which have lead thousands to flee
or to be compliantwhen expelled formtheir homeareas out of fear
of further violations.
49. The European Council reached similac ronclusions
regarding the genocidal acts of the Serbian forces:
[Rlape is part of a pattern ofabuse, usually perpetrated
with the conscious intentionof demoralizingand
terrorizing communities drivint ghem from their home
forces. Viewed in this way, rape cannotbe seen asg
incidentalto the main purpose of the aggression but as
serving a strategicpurpose in itself.
(ECInvestigativeMission Into the Treatment of Muslim Women it nhe
Former Yugoslavia - Report to EC Foreign Ministers). The Council
found that the thrust of the Serb attacks inBosnia and Herzegovina
have concentrated on areas with a large Musli pmopulation including
the Brcko region (44%Muslim), the Drina valley (Zvornik - 609,
-r51%)aand the Prijedor area (44% Muslim)"in an effort to carveoca
out ethnicallyhomogenousterritorybetween Serbia and the Serbian
areas of occupied ~osnia-Herzegovina and Croatia." (Id). The
specific targeting of these highly Muslim areas shows a clear
intent to harm this particularreligiousgroup. On the basis of its investigationsthe Mission is
satisfiedthat the rape of Muslim women has been - and
perhaps still is - perpetratedon a wide scale and in
such a way as to be part of a clearly recognizable
pattern sufficientto form an importantelement of war
strategy.
in the Bosnia-Herzegovinaconflict is difficult for severalapes
reasons. Because the war continues, thereare numerouspractical
obstacles impairing the systematic collectionof data. In
addition, the social stigma of rape discourageswomen from coming
forward withaccounts of the abusesthey have suffered.
51. However, reliable estimates and confirmed accounts exist.
According to investigationsby the EuropeanCouncil, over20,000
Muslim women andgirls in Bosnia have been raped. EC Report. The
Bosnian governmentestimatesthe number at closer to 50,000.
1993, p. 48).ior: Rape and War,l8Vol. 141, No. 8, February 22,
52. In May, 1992, 40 Muslim women were captured and raped by
Serbian forcesin Brezovo Polje. One of victims, 23 year old
Mirsada, told a reporterthat her Serbian abductorhad told her,
"We have orders to rape the girls. I am ashamed to be a Serb.
Everything that is going on is a war crime." Another victim, 23
year old Hafiza, stated thatshe tried to talk her attackerout of
raping her, but he replied, "1 must. I must.If ("Supplemental
Report on War Crimes in the Former Yugoslaviavsubmitted by the
46, November 16, 1992,p. 831) [hereinafter"SupplementalReport1@].
53. Dr. Milika Kreitmayer, leader of the gynecologicalteam
that examined 25 of the 40 victims from Brezovo Polje, concluded
that the object of the rapes was nto humiliate Muslim women,to
insult them, to destroy their personsand to cause shock. These
women were raped not because it was the male instinct. They were
raped becauseit was the goal of the war. My impression is that
someone had an order to rape the girls.'I (Gutman,Roy. "Bosnian
Women Terrorizedby Serbs," ,Sunday, August 23,
1992). In addition, Dr. Xreitmayerreportedthat practically every
occurred at the end of May, 1992, while morethan 400 of thets
villagers were heldin a large house by Serbian forces. The
reports were confirmedby both local police officials and the
gynecological institutedoctors after examining andquestioningthe
victims. (u) .
54. In September, 1992, at least 150 pregnant Muslim women
and teenage girls werebrought into Bosniangovernment held areas
of Sarajevo. All of these womenreportedbeing raped by Serbian
nationalist soldiers. These womenreported beingimprisoned for OnethSerbian soldiertold the women, "When we let you go home,ies.
you'll have to give birth to a Chetnik. We won't let you go while
you can have an abortion.tt(Supplemental Report, p. 830).
55. In the district of Grbavica in May, 1992, approximately
20 girls were seized by Serbian fighters. A fifteen year old girl
stated that they were held in a small roomand ordered to undress:
We refused, thenthey beat us and tore our clothes off.
They pushedus on the floor. Two of the men held me down
while two others rapedme. I shoutedat them and tried
to fight back but it was no use. As they raped me they
said they'd make sure I gave birth to a Serbian baby, and
they kept repeating that durint ghe rest of the time that
they keptme there.
56. In the Muslim townof Kijuc, in May or June, 1992, eight
women were raped by a group of Serbians in front of the house they
took shelter in. One of the victims, a sixtyyear old woman,
reported that she was raped by three men. One man first forcedhis
hand into her vagina at knife-point and then made her lick her own
blood. Two of the women then had their throats slit. (Amnesty
InternationalReport, p. 7).
57. In the Serb-runconcentration camp in the Bosnian town of
Trnopolje,on May 31, 1992, a Bosnian woman was raped by eight
different soldiers. Afterwards,one of the soldiers slashed her
breasts with his knife. The woman had joined a group of fifteen
women on a line for water. They were approachedby the Serbian
soldiers who separatedout six young womenand led them to a small
house. While shouting obscenities,the soldiers orderedthe women
to undress and walk around in a circle. After fifteen minutes, the
soldiers began to rape several ofthe women at a time at gunpoint.
(Complaintof Jane Doe I and Jane Doe I1 against RadovanKaradzic,
U.S. District Court for the Southern District of New York,
Submitted, February11, 1993).
58. The above accounts areonly a few of the confirmed cases
of rapes committed against Muslim womenin Bosnia and Herzegovina.
In the Bosnian conflict,rape is being usedas a widespreadmeans
to destroy the Muslim people. As a form of revenge and
humiliation,the mass rapes are being used to intentionallydestroy
the national, religious and cultural identity ofthe Muslim people
in Bosnia. This constitutesgenocide.
59. In addition to evidenceof rapes and sexual abuse, there
are many examples of Serb forces intentionallc yausing severe
physical andmental harm to Croatsand Muslims withinthe Bosnian
Republic. A United Nations report describes several such
instances. (UNITEDNATIONS DOCUMENTATION:COMMISSIONON HUMAN
RIGHTS, UN Doc. E/CN.4/1992/S-1/9,24 August 1992) Oftentimes, many villagers are taken by Serb forcesto the local policestation
for interrogation where they arebeaten and tortured by the police
or forced to beat each other. (u Page2) The UN report also says
that Sarajevo isshelled on a regularbasis in order to
deliberately spread terroramongst the population. (IdPage 4).
60. The United States SenateCommitteeon Foreign Relations
that have occurredin the Nazi-style,Serb-rundetention centers.
(A STAFFREPORT TO THE US SENATE COMMITTEEON FOREIGN RELATIONS,
"THEETHNIC CLEANSINGOF BOSNIA-HERZEGOVINA,w August 15, 1992) The
report documents how women and children arekept in large numbers
in small rooms where the sanitary conditionsare appalling.
According to many accounts, detaineeshad no toilets and, in some
areas, defecated and urinated in the same room as they slept. (u
Page 10). Serbian guards would extinguishcigaretteson the
women's hands. (IdPage 16). Further, thisreports documentsthe
rapes that occurof girls and young women. In some cases, the
guards would kill the women afterraping them. (Id Page 10). The
prisoners were beaten.onIn some of the prison camps, the prisoners w
were provided with little or no food. () Father and sons were
forced by Serbian guards to beat each other at one camp. At the
same camp, a paralyzedman was beaten unconscious andrevived with
water. (;EgPage 17). The report alsomentionedhow a young man's
hands were beaten with a hammer untilthey swelled. (Id Page 26).
Mental harm included forcingMuslim prisonersto bow and cross
themselves. (Id Page 17).
61. U.S. State Departmentreports also confirmthe existence
of purposeful attempts to physicallyand mentally wound the Muslims
a Serb guard who later returned with theprisoner's severed head.by
("SupplementalReport on War Crimes in the Former Yugoslavia," US
Department of State Dispatch. November 2, 1992.Vo1.3, No.44, Page
803.) This report also documentshow younggirls are being raped
in front of their mothers, undeniably causintgremendousmental and
physical sufferingfor themother and daughter (ZgPage 804).
Torture of prisoners is also discussed in this report. One
prisoner testifiedin regard to the severe beatingsthat he
sustained, as well as sexual torture administeredon the prisoners.
He said that severalmen had been forcedby the guards to have
prisoner's hands and penises as a punishmentto frighten the other
men. (u Page 804) .
62. Reports from witnesses at the Omarskacamp also described
torture administeredby Serbian guards. One witness described how
guards would pour acid on the freshwounds of prisoners after some
of the public beatingsand laugh as the prisoners screamedfrom
pain (u Page 805). This witnessalso described how a Muslim man
from Kozarac, who had owned a motorcycle, wastortured in front of
other witnesses. He was severelybeaten all over his body and his
teeth were knockedout. The guards thentied one end of a wire tightly around his testiclesand tied the other end to the victim's
motorcycle. A guard then got on the motorcycleand sped off. (u
Page 805).
63. This report also describeshow a 33 year old Muslim woman
who was interned in the Manjaca camp near BanjaLuka was
burned her with a cattle prod.roThey then raped hereain front of her
children, a 12-year old daughter and a 9year old son.
daughterwas raped twice. (u Page 806). Her
64. Atthe town of Vlasica, similar atrocitiesoccurred.
Here, one 16-year-oldwitness testified thatafter beatings, the
Serbian guards forced the prisoners todrink glasses of urine. (u
Page 829) At the Luka-Brckocamp, Muslimprisoners had crosses
engraved intotheir forehead withknives by the Chetniks. They gave
them Orthodox nameslike Alexander, and forced the Muslims to say
nI am Alexanderw or face beatings. (IdPage 829).
65. A report by the InternationalSociety for Human Rights
also documented actsof Serbian aggression directed toward causing
physical and mental injury to Muslim and Croatian residents of
States," ISHR. JulyJ1992) "In a Serb-run camp near the Prijedor
area of Bosnia, witnesses report that girlsas young as 13 said
that they had been raped by camp guards. (Id Page 7).
66. Similar reports were printedin a publication entitled
"Save the human it^. (nReporton War Destructions, Violation of
Human Rights and Crimes Against Humanityin Bosnia & Herzegovina,"
Save the Humanity. Sarajevo,June 3, 1992.) According to various
statementsgathered by the publication,the report concludes: ItThe
treatment with captured civilians, Muslims and Croats, according to
witnesses, canbe comparedwith the treatmentof Hitler
concentration campsfrom the Second World War. The features of
mistreatment are torture, beating upand other physical
maltreatment. There are a lot of executions,too, and mostly young
men are executed. Latelywe are getting information thatblood is
being taken from the captured." (;EgPage 8).
67. Part 11 of the IgSavethe Humanityw reportdetails similar
rape committed by Serb forcesagainst women prisoners.Girls overf
the age of twelve and women are forced to be prostitutes, andvery
often the women are raped. ("Reporton War Destructions, Violation
of Human Rights and CrimesAgainst Humanity in Bosnia &
Herzegovina,Part 11," Save the Humanity. Sarajevo, July 7, 1992.
Page 6.)
68. The foregoing evidence is sufficient to establish
violations of Genocide Convention ArticleII(b), "Causing serious
bodily or mentalharm to members of the group." The Peoples and
States of the world should be especiallyhorrified at tho rape of the Bosnian Women. And all =he world communityshould be aghast at
the crimes inflictedupon the Bosnian People.
Deliberately inflict in^on the Grou~ Conditions of Life Calculated
to Brim About its Physical Destruction in Whole or in Part
69. Under the terms of this section,there are two elements
which if found would constitutegenocide. There must be the
deliberateinflictionof conditionsof life coupled with a
calculationthat such actswould bringabout the physical
destructionof the group in whole or in part. ~hus-by the language
of the Conventionthe actor need not believe. for instance.that--.-
his or her acts would destroyall Muslims or'even all ~osnian
Muslims. For example, if the conditionsare inflictedon the
Muslim section of a small town, this would be enough to satisfy the
definitionof genocide under this sectionof the Convention. Below
are instances of actswhich fulfilthe Article II(c) definitionof
genocide. .Ilr
70. Perhaps the most widespread genocidal act inflictedon
the People of Bosnia by the Serb forceshas been the destructionof
entire villagesin which Muslims and Croats lived. This practice
COMMISSIONnON HUMAN-RIGHTS,tsUNUDoc. E/CN.4/1992/S-1/9,IAugust 28,
1992.) In the town of BosankaDobinca,every night houses were
burnt. (U Page 2). In the village of Celinac, 17 houses occupied
by Muslim familieswere blown up in a single night, after reports
were received that some soldiers from the villagehad beenkilled
in combat. (Id Page 3). The delivery of food and humanitarianaid
is also jeopardizedby the constant shellingof United Nations
ProtectionForces' barracksand headquarters,as well as the
airport itself. All inhabitantsof the city are seriously affected
by such attacks. (&IPage 4). There are no significantmilitary
targets in Sarajevo,and the purpose of the shelling seemsto be
that of terrorizingthe population. (Id). Further, the siege has
had a dramatic effecton the economy of the region, making this
previously prosperousregion dependenton foreign aid provided by
the international community. (IdPage 5). The report also
documents the conditions atSerb-run detentioncenters. Many
prisoners are in a poor state of health,with signs of malnutrition
and in some cases torture. One man detainedin the Manjaca camp
who was recently taken to the hospitalweighed only 34 kilograms.
71. A report to the United States SenateForeign Relations
Committeehas detailed similar genocidal practiceb sy the Serbs. (A
STAFF REPORT TO THE COMMITTEEOF FOREIGNRELATIONS OFTHE US SENATE
- THE ETHNIC CLEANSINGOF BOSNIA-HERZEGOVINA, August 15, 1992)
Prisoners in these Serb-runcamps were given little or no food.
(IdPage 10). A witness from Kozarac describedconditions in the
camp where he was detained. More than 150 persons were kept in a
garage where only a littleair was allowedto enter the room from a
urinate in and around the building because manyprisoners wereshot when they tried to use the toilet locatedoutside the building.
There was practicallyno food. In the morning, prisoners were
given just a little tea with no sugar. At lunch, therewas only
soup, and there was only wheat for dinner. The children got
diarrhea. There was a doctor, but he could do nothing because of a
lack of medicine. (&I Page 29).
72. On May 1, 1992, Serbians in the area of the Village of
Skelani in the municipalityof Srebrenicadeclared the city to be a
Serbian village. On May 7, the village fell into the hands of
Serbian forces. By 3:00 pm, all Muslimsin the area were ordered
to relinquishtheir firearms,which were mostly hunting rifles and
the like. Vahida ~elimovicwas attemptingto go to work, when the
following eventsoccurred:
A. The Serbian forces refusedher passage, claimingshe
required a '*permitu.
3. On May 8th, Serbianswearing Cetnik garb came into her
house and shot all the male adults in the house.
Afterwards,the Serbs cursed at the women, calling them
Turks and threatening tokill them. Some tine later the
women were transferredto Novi Pazar.
. on May 9th, the independent Serbian news agency Borba
reported thatafter Skelani fell, 550 Muslims (mostly
women, children,and the elderly)were expelled fromthe
village. Serbian forces declaredSkelani to be a Serbian
village and refusedto allow any Muslims access into the
area.
(Interviewedby HelsinkiWatch, War Crimes in Bosnia-
Serbian takeoverof the Bosnian village of Skelani). the
As describedby Vahida Selimovic,all threeof these acts by
Serbian forces are genocidal. Requiring theuperrnit" and expelling
the Muslims fulfillsArticle II(c)'s definitionthat a group (here
the Muslims) were being treated in such a way as to effectuatethe
physical destructionof them as a people. The Muslim c:zizens were
turned intorefugees by the Serbians,and driven fromtheir homes
in Bosnia. The Serbs manifestedtheir intent to do so on May 1 and
again on May 9, when the forces declaredSkelani to be a Serbian
village, quite without regard to the Muslin populationresiding
therein. Thus the Serbs committed genocide by declaring Skelanito
be nSerbianN,manifesting theirintent to destroy the Muslim
population residing therein,and afterwardscarrying outthe policy
by murderingmembers of the group and thenexpellingthe rest.
Also, note that the murder of Vahida Selimovic'shusband
labelling ofthe survivors asnder Articlalso indicates theirs'
identificationand hatred of the Muslims, and manifests theirclear
intent to massacre as many maleMuslins as possible, thereby
helping destroy inpart the Muslim ethnicgroup inside Skelani. In sum, the grisly Serbian activitiesin ~kelanirepresent a very
clear example ofthe genocideoccurringwithin Bosnia.
73. The concentrationcamps inside Bosnia andthe former
Yugoslaviaalso provide evidenceof genocide. These prisons are
run by Serbs for the express purposeof detaining Bosnian non-
Serbs. There are at least 100 such camps in existence,creating
appalling living conditions fot rhe non-Serbsimprisoned inside.
(Information compliedfrom Bosnian governmental sources and
forwardedto Helsinki Watch, wrzeaov - 44,
44-48 (1992) (describingthe existenceand conditionsof
additionalevidence that the camps' purpose is to detain, torture
and possibly execute non-Serbs. (u pp 44-48). The practice of
creating concentrationcamps forthe purpose ofholding ethnic
groups falls underJwticle II(c) of the Convention. The Serbian
intent to destroy non-Serbsis obvious; the campsf sole purpose is
for the mass incarcerationof Bosnian ethnicswhich are not
Serbian. By deliberately inserting non-Serbsinto the camps, the w
Serbs are imposing conditions of life whic hake it impossible for
those imprisonedto assert their nationality. As Serbian military
officials in Banja Luka stated,the prisonersare categorized,
includinga category for "Muslim combatants."The following is a
partial list of U.N. findings regardingsome of the camps:
grounds for Muslims while their houses are bring searched
by the Serbian forces and the men of fighting age are
transportedto concentrationcamps.
In Xeraterm (Termokerm): UN officials statedthat
between 100 and 200 Muslims were imprisonedunder
'vextremelybad conditions."
In Omarska: A camp used with apparentlythe primary
purpose of holdingMuslim governmental officials,
especially fromthe town of Prijedor.
the camps received regularbeatings,deprivationng of food
and water, and poorshelter.
74. At this time, it is impossibleto verify whether
actual executions aretaking placein these camps. Itis clear,
however, that on the basis of the evidence available,the Serbian
camps qualify underArticle II(c) as deliberateinflictionsof
conditions of life calculatedto bring aboutthe physical
destruction of Muslims and other non-Serbs inwhole or part. The
conditions in the camp indicatethe Serbs have no regardfor the
have no other purpose than to inflict genocideon those detained
within. There can be little doubt thatthe camps are designedto destroy the Muslims and other non-Serbsas a people. Note that
should executionsbe verified in the camps, this would constitute
prima facie evidence of Article II(a) genocide. Torture and
physical violence againstinmateswould fall under ArticleII(b)
without these conditions,the existenceof the camps themselves aren
enough to establish thatthe crime of genocide has bean committed
by Serbians against Bosniannon-Serbs.
75. The creation by former Yugoslavianforces of ghettos for
nonoSerbs in Bosnia have the same purpose as the concentration
camps and are thereforegenocidal in nature. Ghettos for non-Serbs
appear to be similar to the Nazi Warsaw ghetto createdfor Jews and
seem to have the same purpose, namely to inflict conditions of life
which will destroy those inside as a people. The Muslim ghetto in
Brezovo Polje is but one example. There 1500 people have been
detained in this Muslim village, which is surroundedby Serbian
villages and armed forces. (Interviewby Helsinki Watch, War Crimes
in Bosnia-Herzeaovina,48, 48-49 (1992) (personal testimony
regarding confinementin a ghetto).
76. Forcible deportationshave been documented also. (&g
49t(1992)s(personaltestimonydescribingthein Boforcible deportation
of Bosnian citizens)). Forcibledeportationsalso constitute
evidence of genocide under Article II(c). 50 Muslims claimedto
have been deported from their homes in the Zvornik and Bijeljina
municipalitiesin Bosnia by Serbs, and forciblydeported to the
city of Subotica on the Hungarianand Serbian border. They alleged
that Serbs were committingthese acts for the express purpose of
allowing Serbian refugees from Janja to occupy their homes (u Page
49). These acts by Serbian forces havethe effect of depriving
Bosnian citizens of the right to live in their own countryand in
their own homes. The most damning commentary was made by UN High
CommissionerSadacko Ogata, who stated that creating Bosnian
refugees "seems not to be just the result, but the goal of the
fighting...#* (Quotedfrom an article written by Ms. Ogata in the
Gennan Newspaper pie Zeit and transcribedby Blaine Harden, UN
Pleads for Help for Bosnian Refugees,"The Washinaton Post, July
destroy the Bosnian people of Zvornik andff~ijeljina and are thus
genocidal underthe terms of the Convention.
77. Similar to the forcibledeportationclaim is that of
forcible displacement. In effect, former Yugoslavianforces or
their surrogates,who force Bosniansto "scatterto the four
winds," are depriving the Bosnians of their right to live as
Bosnians and thus are guilty of genocidalpractices. Mortar
attacks are common against non-Serbian areas, even those which have
no Bosnian military forces in the area. (Interviewsby Helsinki
Watch, War 50, 50-52 (1992) (personal
testimony of forcible displacementof Bosnian citizens)). Under
the terms of Article II(c), this effort to destroy theBosnians by
forcing them to leave theirhomes and their countryis genocide. 78. Another aspect of former ~ugoslaviangenocide has been
the indiscriminate useof force against nonoSerbs in Bosnia.
(HelsinkiWatch, WarCrimes inBosnia-Herzeaovina 71, 71-76 (1992)
citizens)).anUNHCR stated that Sarajevo wasbeing systematically
destroyedby Serbian fire. Other sourcesnoted that villages were
being attacked forthe sole purposeof driving its inhabitants
away. (SeeLaura Silber and Judy Dempsey,lgEC Withdraws Its
Monitors from Bosnian CapitalN,The FinancialTimes, May 13, 1992).
For the same reasons that forcibledisplacement and forcible
deportationconstitutegenocide,the indiscriminate useof force on
Bosnian villages representsan effort to destroy them as a People
and constitutesgenocide.
79. The Bosnian governmenthas actual recordingsof former
Yugoslavian staffofficersplottingto destroy Sarajevo on May 27,
1993. Serbian generalRatko Mladic instructet dwo colonel
subordinatesto attack residential districts oS farajevo withheavy
artillery in an effort to "burn it allw. (&g John F. Burns, w
nTaped Order Loud and Clear:'Burn It AllItn -,
June 9, 1992). To effectuatethis policy, General Mladic ordered
his troops to use the heaviestmortar shellsin the entire army.
This is a clear cut exampleof an Article II(c) violation. It can
be proved that therewere deathsand serious mentaland bodily harm
caused to residents.ofSarajevoby the subsequent artillery
bombardmentslaunchedafter these instructions. Thus, Mladic and
well.urrogates areguilty of violating Article II(a) and (b) as
80. Former Yugoslavian military forcesor their surrogates
have also violated ArticleII(c) by attacking andraiding
internationalrelief convoysaimed at alleviatingthe suffering in
Bosnia. By deprivingthe Bosnian Peopleof food and medicine
necessary for their survivalas humanbeings, the Serbs are in
effect deliberatelyinflictingthose conditionsof life which are
calculatedto bring aboutthe destructionand submissionof the
Bosnian People. UN officialshave documentedSerbianswho have
committed ArticleII(c) violationsby delaying, diverting, and
stealing trucks which havefood andmedicine. ("Aid Convoys are W
Suspendedw, me New Y-, May 23, 1992). Furthermore,after
several hijackings,the UN was forcedto suspend reliefconvoys to
Bosnia, causing additionalgrief and suffering.
81. As to medical materials, Serbs have beed nocumentedas
willfully withholdingmedicineand other medicalnecessitiesas
bargaining chips. (DavidBrauchli,"Woundedby Shrapnel in
Sarajevo,A PhotographertsStoryIg1 The AssociatedPress, May 25,
1992). This crime followsthe same logic asthe hijacked food
convoys and constitutesArticle II(c) genocide.
establishTthe fact that Yugoslavia (Serbiaand Montenegro)and its
surrogatesand agents haveattemptedto destroy the Muslims and
Croatians in Bosnia and Herzegovina by deliberatelyinflictingon these groupsconditionsof lifecalculatedto bring abouttheir
genocidewithin the meaning of ConventionArticle II(c).onstitute
osincrMeasures Intendedto PreventBirthswithin the arouD
83. This prohibited conduct consists o forcible and
calculated measures takeb ny an actor withthe intention of
preventingthe birth of childrenand thus the continuation of the
national, ethnical, racialo ,r religiousgroup. Most of the
evidence of acts by Yugoslavia (Serbia and Montenegro)and its
surrogatesand agents that would fall underthis section of the
Genocide Convention have already been documented above. See
especiallythe documentationof the rapes ofBosnian womento
produce Serbian or "Chetnikl' babies, and the condition of the Serb-
run concentration camps and sexual tortureabove. Allcrimes
charged in these paragraphsare alsoArticle II(d) crimes and
therefore constitute genocide.
0. U.N. GeneralAs~emblvBBSolution 47/121 of 18 Dec-er I992
84. Finally,as recentlyas I8December 1992,the United
Nations General Assembly adopted Resolution 47/121 on me sit-
Bosnia gridHerzeaovinqby a recorded voteof 102-0-57. Therein,
the General Assembly made a large numberof factual determinations
that are directly relevant to this dispute between Bosnia and
Herzegovinaand Yugoslavia (Serbia and Montenegro). The precise
text of Resolution47/121 reads as follows:
47/121. The situationin Bosnia and Herzeuovina
Date: 18 December 1992 Meeting: 91
Vote: 102-0-57(recorded) Draft: A/47/L.47/Rev.l
The General Assemblv,
Havina the item entitled I1Thesituation
in Bosnia and Herzegovina",
nu note of the report of the Secretary-General,
La/ [125/ A/47/747.1
peaffirminq its resolution46/242 of 25 August 1992,
Becalling all the resolutions adopted by the
Security Council regarding the Republo ic Bosnia and
Herzegovina, and other parts of the former ~ugoslavia,
Bpwreciatinqall the ongoing international efforts
to restore peace in the Republicof Bosnia and
Herzegovina,particularly those being pursued by the
United Nations,the European Community, the International Conference onthe Former Yugoslavia,the Conferenceon
Securityand Cooperationin Europe and the Organization
of the Islamic Conference,
Commendinqthe untiring efforts and bravery of the
United NationsProtectionForce in securing relief
operationsin the Republic of Bosnia andHerzegovina,as
well as the efforts of the Office of the United Nations
High commissionerfor Refugeesand other relief and
humanitarianagencies,and expressingits condemnationof
in Sarajevoby Serbian forces resultingin loss of lifece
and injuriesto some of its personnel,
a note of the report of the Special Rapporteur
of the Commissionon Human Rights on the situationof
human rightsin the territoryof the former Yugoslavia
dated 6 November 1992, =/ [=/ A/47/635-S/24766,
annex.] in which he stated, inter alb, that "ethnic
cleansing'did not appear to be the consequenceof the
war, but rather its goal,
u note also ofthe report of the Special
Rapporteurdated 17 November 1992, 1271 [=/ A/47/666-
S/24809, annex.] in which he stated,inter aliq, that
another factorwhich had contributedto the intensityof
"ethnic cleansinguin areas under Serbian control was the
marked imbalancebetween the weaponry in the hands of the
Serbian and the Muslim populationof Bosnia and
Herzegovina,
GraVelV co- about the deteriorationof the
situation in the Republic of Bosnia and Herzegovina owing
to intensified aggressive acts by the Serbian and
Montenegrin forces to acquirm eore territoriesby force,
characterizedby a consistent pattern of gross and
systematicviolationsof human rights,a burgeoning
refugee population resulting from mass expulsionsof
defencelessciviliansfrom their homes and the existence
in Serbian and Montenegrincontrolledareas of
concentrationcamps and detentioncentres, in pursuit of
the abhorrentpolicy of "ethnic cleansingN, which is a
form of genocide,
StronalvcondemninqSerbia and Montenegro and their
surrogatesin the Republic of Bosnia and Herzegovina for
their continuednon-compliance with all relevant United
Nations resolutions,
Dee~lv rearetta that the sanctionsimposed by the
Security Council have not had the desired effect of
halting the aggressive acts by Serbian and Monteneqrin
irregular forces and the direct and indirect supportof'
the YugoslavPeople's Army forthe aggressive acts in the
Republic of Bosnia and Herzegovina,
ppc- that the Governmentof the Republic of
Bosnia andHerzegovina has accepted the constitutional
principlesproposed by the Co-chairman ofthe
International Conference on the Former Yugoslavia,
Bosnia and Herzegovina warrantsnthe implementationof
decisive actions under Chapter VII of the Charter of the
United Nationsto oblige Serbia and Montenegro and their
surrogatesin the Republic of Bosnia andHerzegovina to
comply withthe relevant Security Councilresolutions,
Reaffirminqthe principle ofinadmissibilityof the
acquisitionof territoryby force and the right of all
~osnian refugeesto return to their homes in conditions
of safety and honour,
-a als~ that the Republic of Bosnia and
Herzegovinahas the inherent rightto individual or
collectiveself-defencein accordance withChapter VII,
Article 51, of the Charter ofthe United Nations, until
the Security Councilhas taken the measures necessary to
maintain international peace and security,
petennina to restore peace in the Republic of
Bosnia and Herzegovinaas well as to preserve its unity,
sovereignty, political independence an territorial
integrity,
people of the Republic ofBosnia and Herzegovina in their
just struggleto safeguard their sovereignty, political
independence, territorial integrityand unity;
2. Stronalv condemns SerbiaM ,ontenegro and Serbian
forces in the Republic of Bosnia andHerzegovina for
violation of the sovereignty, territorial integrity and
political independence of the Republic of Bosnia and
Herzegovina,and their non-compliancewith existing
resolutionsof the Security Council and the General
Assembly, as well as the London Peace Accordsof 25
August 1992;
3. Demands thatSerbia and Montenegro andSerbian
forces in the Republic of Bosnia andHerzegovina
immediately ceasetheir aggressiveacts and hostility and
comply fullyand unconditionally with the relevant
resolutionsof the Security Council, in particular
resolutions 752 (1992)of 15 May 1992, 757 (1992) of 30
May 1992, 770 (1992)and 771 (1992)of 13 August 1992,
781 (1992)of 9 October 1992, and 787 (1992)of 16 November 1992, General Assemblyres0lution 46/242 and the
London Peace Accords of 25August 1992;
4. Demandsthat, in accordancewith Security
Council resolution752 (1992),all elements of the
YugoslavPeople'sArmy still in the territory of the
Republic of Bosniaand Herzegovina must be withdrawn
immediately,or be subject to the authorityof the
Governmentof the Republicof Bosnia and Herzegovina,or
be disbandedand disarmed withtheir weapons placedunder
effectiveUnited Nations control;
5. Demands plso that, in accordance withSecurity
Council resolution 752 (1992), all elements of the
Croatian Army that may be in the Republic ofBosnia and
Herzegovinaand that are alreadynot operating in accord
with the authorityof the Government ofthe Republic of
be subject to the authorityof the Governmentof thely,or
V
disarmed with theirweapons placed under effective United
Nations control;
6. worts the considerationby the Security
Council of the immediate enforcement of resolution 781
(1992) banning all military fligho tser the Republic of
Bosnia and Herzegovina;
7. Uraes the Security Council, within its
responsibilityto maintain international peace and
security,to again call upon the Serbianand Montenegrin
forces to comply withall relevantresolutions and to
bring to an end the aggressiveacts againstthe Republic
of Bosnia and Herzegovina,to implementand enforce all
existing resolutionswith respectto the Republic of
Bosnia and ~erzegovinaand the former Yugoslavia and,
specifically,furtherto consider measures,includingthe
following,on an urgentbasis, but no laterthan 15
January 1993: W
(3) In the event that Serbian and Montenegrin
forces fail to comply fullywith all relevant resolutions
of the Security Council, under the provisionsof Chapter
VII of the Charter,to authorize Member States, in
cooperationwith the Governmentof the Republic of Bosnia
and Herzegovina,to use all necessarymeans to uphold and
restore the sovereignty, political independence,
territorialintegrityand unity of the Republic of Bosnia
and ~erzegovina;
( To exemptthe Republicof Bosnia and
Herzegovinafrom the arms embargoas imposed on the
former Yugoslavia under Security Council resoluti on3
(1991); 8. Also uraes the Security Councilto consider
taking measures to open moreairports/airfieldsfor
international humanitarian relief flightt s, pursue
emergency airdrops as a stop-gap measur and to study the
psafe areas for humanitarian purposes;the promotion of
9. Further uraesthe Security Councilto consider
what resourcesmay be required to improve the
implementationof all relevantresolutions,and calls
upon Member Statesto notify the Secretary-General
regardingthe availability of personnel and mat- to
assist and facilitate in this effort;
10. Uraes the Security Council to consider
recommendingthe establishment of an ad hoc international
war crimes tribunalto try and punish those who have
committed war crimes inthe Republic of Bosnia and
Herzegovina when sufficient information has been provided
by the Commissionof Experts establishedby Security
Council resolution 780 (1992);
11. perneststhe Co-Chairmenof the International
Conference on the former Yugoslavi to conclude
expeditiously the work of the Working Groupon the
Republic of Bosnia and Herzegovina,to report on the
reasons for the lack of progress and to submit proposals
to overcome obstacles inthe fulfilmentof their mandate
by 18 January 1993;
12. perneststhe Secretary-Generalto report to the
General Assembly by 18 January1993 on the implementation
of the present resolution;
13. Decides to remain seized of the matter and to
continue the considerationof this item.
85. Bosnia and Herzegovina hereby affirms, repeats, and
incorporatesby reference each and every factual determinationmade
by the General Assembly in Resolution 47/121 (18 December 1992) in
this Application andin its accompanying Requestfor an Indication
of Provisional Measures of Protectionof today's date. When
considered intheir entirety,the numerous factual determinations
made by the General Assembly in Resolution47/121 fully support and
substantiatethis Application andour accompanying Request for
provisionalmeasures. Bosnia and Herzegovina respectfully asks the
Court to take judicial notice ofall the factual determinations
made by the General Assembly in Resolution47/121 for the purpose
of these proceedings and in support of our Request forprovisional
measures as well. 86. The Republic of Bosnia and Herzegovinawishes to conclude
this statement of Facts by reciting a relevant portiof nrom a plea
for help made by the Bishop and Priests of Banja Luka Dioceseas
recently as 17 February 1993:
3. We have allsensed a clear peace-lovingattitude
within majority of the faithfulof our diocese, and a
sincere willingnessfor a life of equalitywith others in
harmony, peace and respect. Despite this,the priests,
religious priests,religious sisters and especiallyour
faithfulhave felt the heavy burden caused by suppression
of our basic human rights. For example:
-- the right to the unviolatedlife with freedomof speech,
thought andmovement,
-- the right to equalityand democracy, V
-- the right to employment,
-- the right to a home,
-- the ability to satisfy basic needs, especiall health
care.
We should like tomake known the most grievous instances ....
the killing and massacring of innocent civilians; elderly
women, childrenand men,
the taking to prison camps of hundreds of our faithful
and five priests, one ofwhom died as a result of
torture. Two other totally innocentpriests were
murdered after having to enduregreat torture,
great psychological and physicaltorture of religious
sisters and the forceful expulsion from their convents,
the raping of women and girls,
destructionwithinac839eof our churchesandti332nof other
church buildings,
the constant burning anddemolish(ing)of residentialand v
public buildings(s)belongingto our faithful,
the dramatic expulsionof tens of thousandsof our
faithful (someof our parishes have now been totally
emptied of Catholic populace),
the on-going planned ethnic cleansing (almost 50% of our
faithful havebeen forced to live [sic: leave] their
the sacking of vast number from their employment causing
total existential damage fot rhe majority of our people,
especiallythose living in urban areas,
the forceful mobilizationof our peopleto fight against
their own and other nationals, -- the forceful exclusionof our people fromthe political
their faith,ingof their country includingmatters of
-- the inabilityfor adult manto move freely,
-- lack of health caredue to inabilityto pay doctor's
bills, and other medical services including medicines and
exclusion from hospital care,
-- the stopping of urgent humanitarianaid deliveries by
Banja Luka CARITAS,thus endangeringthe lives of 1000
families whodepend exclusivelyon CARITAS1 assistance in
providing food, medicines, etc. ....I#
Hel~ bv the Bisho~ and Priests of the Bania Luka niocese,ox
Prot. No. 564a/93, Banja Luka, 17 Feb. 1993.
87. The Republic of Bosnia and Herzegovinarespectfully asks
the Court to take judicial noticeof this Cry for Hel~ by the
Bishop and Priests of the Banja Luka Diocese.
XI. JURIBDICTION OF TBE COURT
the Court's jurisdiction"comprisestut... all matters speciallyat
provided for ... in treatiesand conventionsin force." As Members
of the United Nations Organization, the Republic of Bosnia and
Herzegovina and Yugoslavia (Serbiaand Montenegro) are Parties to
the Statute, whichforms an integralpart of the Charter. These
issues will be more fully addressedbelow.
89. The Republic of Bosnia and Herzegovina and Yugoslavia
(Serbiaand Montenegro) are also Parties tothe Genocide
both contractingparties throughout theperiod oftime relevantto
this case.
90. Article IX of the Genocide Conventionprovides as
follows:
81Disputesbetween theContractingParties relating to the
interpretation,applicationor fulfillmentof the present
Convention, includingthose relatingto the
responsibilityof a State for genocideor for any of the
to the InternationalCourt ofJustice at the request oftted
any of the parties to the dispute.'I
91. On 29 December 1992, His ExcellencyMuhammed Sacirbey,
Ambassador and Permanent Representative of the Republic of Bosnia
and Herzegovina to the United Nations, transmitted a letter to the
Secretary Generalof the United Nations, His Excellency Dr. Boutros
Boutros-Ghali,that enclosedthe original of a Notice of Successioq
with respectto the Genocide Convention,dated 17 December 1992, which was executed by His ExcellencyDr. Haris Silajdzic,Minister
for Foreign Affairsof the Republic of Bosnia and Herzegovina. The
convention. In this Notice of Succession,ortH.E. Dr. Silajdzic
declared ##...that the Governmentof the Republicof Bosnia and
Herzegovina, havingconsideredthe Conventionon the Preventionand
punishmentof the Crime of Genocide,of December 9, 1948, to which
the former SocialistFederalRepublic of Yugoslaviawas a party,
wishes to succeedto the same and undertakesfaithfullyto perform
and carry out all the stipulations therein contained wite hffect
from March 6, 1992, the date on which the Republic of Bosnia and
Herzegovinabecame independent."
92. This effective datefor the Notice of Successio~is in
accordancewith the normal rules of customaryinternationallaw
relating to state succession withrespectto treaties. These rules
have been codified in Articles 17, 22, 23 and 34, among others,of
the Vienna Conventionon Successionof States inRespect of
Treaties of 23 August 1978. The former Yugoslaviasigned this
Vienna Conventionon 6 February 1979, and deposited an instrument V
of ratificationfor this Vienna Conventionon 28April 1980.
Therefore,Bosnia and Herzegovina has been a Party to the Genocide
Convention (withoutany reservation)from 6 March 1992.
93. The fonner Yugoslaviasigned theGenocide Conventionon
11 December 1948, and depositedan instrumentof ratification
without reservationon 29 August 1950. Therefore,and for reasons
previously explained, Bosnia and Herzegovinasucceededto the
obligationsof the former Yugoslaviawith respect to the Genocide
Conventionon 6 March 1992, and without any reservations
whatsoever. Thus both the Applicantand the Respondent are,and
times relevantto these proceedings.onventioncontinuouslyat all
94. Article 3 of the United Nations Charter provides that:
"The original Membersof the United Nationsshall be the states
which, having participatedin the United Nations Conferenceon
InternationalOrganizationat San Francisco ... sign the present
Charter and ratify it in accordancewith Article llO.tt The former
Yugoslaviatook part in the San FranciscoConferenceand therefore w'
became an original member of the United Nations anda Party to its
Charter.
95. On 27 April 1992,a joint sessionof the rump
ParliamentaryAssembly of the former SocialistFederal Republicof
Yugoslavia, the National Assemblyof the Republicof Serbia and the
Assembly of the Republic of Montenegro,adopteda declaration
supposedlyexpressingthe will of their citizens "to stay in the
common state of YugoslaviaNand proclaiming the so-called "Federal
Republic of Yugoslavia,"in the followinglanguage:
' "1. The Federal Republicof Yugoslavia,continuing the
state, internationallegal and political personality of
the Socialist Federal Republicof Yugoslavia, shall strictly abide by all the commitments thatthe SFR of
Yugoslavia assumedinternati~nally.'~
See A/46/915 Annex I1 (7May 1992).
For the sake of convenience,this so-calledentity will hereinafter
be referred to as llYugoslavia (Serbiaand Montenegro)."
96. This purported state 'lcontinuityh les been vigorously
contested by the entire international community, an including by
the United NationsSecurityCouncil in Resolution757 (1992) and
Resolution 777 (1992) as well as by the General Assemblyin
Herzegovinafully agrees with and supportthe Rshese three resolutions.
97. Nevertheless, this declaratioo nf 27 April 1992 clearly
indicates that !@TheFederalRepublic of Yugoslavia ... shall
strictly abide by all the commitmentsthat the SF'Rof Yugoslavia
assumed internationally.
98. This intentionby Yugoslavia (Serbia and Montenegro) to
honor the internationaltreaties of the former Yugoslavia was also
confirmed in. . officialNotee dated 27 mil 1992 from the
ent Mlssion of Yuaoslaviato the United Nations addressedto
e Secretarv General,in the following language:
personalityof Yugoslavia,the Federal Republic ofYugoslavianal
shall continue to fulfil all the rights conferred to, and
obligationsassumedby, the Socialist Federal Republic of
Yugoslavia in international relations, including its
membership in all international organizations and
participationin international treaties ratifieo dr acceded to
by Yug~slavia.~
-See A/46/915, Annex I (7May 1992).
Therefore, Yugoslavia (Serbia and Montenegr oa)s expressed its
intentionto be bound by the terms of the Genocide Convention
without reservation.
-
secretary-General,the Leqal Counsel. addressedto the Permanent
esentativesof Bosniaand Herzeaovinaand Croatia to the United
Nations attempted to discussthe "practicalconsequences"of
General Assembly ~ebolution 47/1 of 22 September 1992. In relevant
part, this better stated:
I'....
On the other hand, the resolution neither terminates nor
suspends Yugoslaviafsmembershig in the Organization. ...
The resolutiondoes not take away the right of Yugoslavia to participate in the work of organs other than Assembly
bodies, ...
....I8
See A/47/485, Annex (30 September 1992).
100. In light of the facts described above, and as will be
more fullydeveloped in subsequent submissions i,t is clear that a
Yugoslavia (Serbiaeeand Montenegro) "relatingto the interpretation,
application, or fulfilmeno tf the present [Genocide] Convention,
includingthose relatingto the responsibilityof a State for
genocide or any of the other acts enumeratedin article 111,"
within the meaning of Article IX of the Genocide Convention.
101. Wherefore,Bosnia andHerzegovinasubmits thatthe Court
has jurisdictionto hear its claims against Yugoslavia (Serbia and
Montenegro) arising underthe GenocideConvention.
111. THE CLAIH8 OF BOSNIA AND HERZEGOVINA
102. In submitting thisdispute to the Court, Bosniaand
Herzegovina claimsas follows:
103. Article I of the GenocideConvention providesthat the
Contracting Partiesconfirm that genocide, whethec rommitted in
time of peace or in time of war, is a crime underinternational
law, which they undertaketo prevent and to punish. Bosnia and
Herzegovina claims that Yugoslavia (Serbia and Montenegro) has
breached its solemn obligations under Article I. The Respondent
has planned, prepared, conspiredp ,romoted,encouraged,aided and
abetted and committed genocide against the People andState of
Bosnia and Herzegovina. The Respondent has refused to prevent or
to punish those who are responsible for such acts, By performing
such unlawful and criminal activities, Yugoslavia (Serba inad
Montenegro) has incurredan internationallegal responsibilityand
is bound to cease and desist from such activities immediatelyand
to pay Bosnia and Herzegovinareparationsfor the damage and rl
prejudice suffered.
104. Article I1 of the Genocide Conventiondefines the
international crimeof "genocideuas follows:
Article 11. In the present Convention,genocide means
any of the following acts committed with inten to destroy, in
whole or in part, a national, ethnical, racial r oeligious
group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm
to members of the group; (c) ~eliberatelyinflictingon the group
conditionsof life calculatedto
bring about its physical destruction
in whole or in part;
(d) Imposingmeasures intendedto prevent
births within the group;
(e) group to another group.hildren ofthe
For the reasons indicatedin the Statementof Facts, and as will be
demonstratedin future submissions,Bosnia andHerzegovina claims
that Yugoslavia (Serbiaand Montenegro),its public officials,
agents and surrogateshave expresslyviolated, and are currently
violating, and threaten to continue violatingArticle 11,
paragraphs (a), (b), (c),and (d) , of the Genocide Convention with
respect to the People and State of Bosnia and Herzegovina.
105. Article I11 of the Genocide Convention providesthat the
conspiracyto commit genocide; (c) direct and public incitementto)
commit genocide; (d) attempt tocommit genocide; (e) complicity in
genocide. As indicated in the above Statementof Facts, as well as
during the course of itssubsequentsubmissions,Bosnia and
Herzegovina claims that Yugoslavia (Serbiaand Montenegro), its
public officials,agents, and surrogateshave committed numerous,
gross, and consistentviolationsof Article 111, paragraphs (a),
(b), (c), (d) and (e)of the Genocide Conventionwith respect to
the People and State of Bosnia and Herzegovina.
persons committing genocideor any of the other acts enumerated in
Article I11 shall be punished, whether they are constitutionally
responsible rulers,public officials,or private individuals. As
indicated above in the Statementof Facts, aswell as during the
course of its subsequent submissions,Bosnia andHerzegovina claims
that constitutionally responsiblerulerstt and "public officialst1
of Yugoslavia (Serbiaand Montenegro) havepersonallyviolated
Article I1 and Article 111, paragraphs (a) , (b), (c), (d), and (e)
of the Genocide Convention by themselvesand also by means of
agents and surrogatesacting under theirdirect control or with
their cooperation,support, encouragement or approval. Yet, so
in breach of its own obligations under ArticlesedI11 and Article IV.
107. Furthermore,Bosnia and Herzegovinaalso claims that
certain "private individualsImacting under the control of or in
cooperation with wconstitutionallyresponsiblerulersu or "public
officialst1 of Yugoslavia (Serbia and Montenegro)have violated
Article 1x1, paragraphs (a), (b), (c), (d),and (e) of the Genocide
Convention. Such behavior and acts create personal responsibility
under internationallaw for them as well as state responsibility
for Yugoslavia (Serbia and Montenegro). Yet so far Yugoslavia
(Serbiaand Montenegro) has refused to punish these "private individuals8'and has thusviolated itsown obligations under
Article I11 and Article TV of the Genocide Convention.
108. According to ArticleV of the Genocide Convention, the
ContractingParties undertaketo enact, in accordance withtheir
respectiveConstitutions, the necessary legislatio to give effect
to the provisionsof the Conventionand, inparticular,to provide
effectivepenalties for persons guilty of genocide orany of the
other acts enumeratedin Article 111. So far, Yugoslavia (Serbia
and Montenegro)has not provided for effectivepenalties for
persons guiltyof genocideor any of the other acts enumerated in
Article I11 of the Genocide Convention, and has thus violated its
own obligationsunder Article V thereof.
109. Article VIII of the Genocide Convention provides that
any ContractingParty may call upon the competentorgans of the
United Nationsto take such action underthe Charter of the United
Nations as they consider appropriate for the preventionand
suppreeaionof acts of genocideor any ofthe other acts enumerated w
in Article 111. The GenocideConventionexpresslyconfers
Nations Organization,and especially uponthe InternationalCourt
of Justice, to take effectiveaction to prevent and suppress all
acts of genocide and all the other acts enumeratedin Article I11
that have been perpetratedby Yugoslavia (Serbia and Montenegro)
and itsagents and surrogates againstthe People and State of
Bosnia and Herzegovina. The Applicantmost respeatfully claims
that the Court must act immediatelyand effectivelyto do whatever
it can to prevent and suppressall acts of genocide and all other
genocidal actsenumeratedin Article I11 that have been perpetrated
by Yugoslavia (Serbiaand Montenegro)and its agents and surrogates
against the People and State of Bosnia and Herzegovina,as required
by Article VIII of the GenocideConvention. In particular,Bosnia
and Herzegovinamost respectfully claims thatGenocide Convention
Article VIII requires thisCourt to grant its Request forthe
Indicationof ProvisionalMeasures of Protectionof today's date,
and in the manner specifiedtherein.
110. Bosnia and Herzegovina alsoclaims that it has the
inherentright under the Genocide Convention to defend Itself and
its People againstthe acts of genocideand the other genocidal
acts enumerated in Article I11 currentlybeing perpetrated uponUs
by Yugoslavia (Serbiaand Montenegro)and its agents and surrogates
genocide includeswithin itselfthe right to-deseekeand receive
support from otherContractingParties to the GenocideConvention.
Pursuant thereto,Bosnia and Herzegovina hasthe basic right under
the Genocide conventionimmediatelyto seek and receive fromthe
other ContractingPartiesmilitary weapons,equipment, supplies,
troops and financing in order to defend Itself and its People from
the acts of genocide and the other genocidalacts currentlybeing
inflictedupon Us by Yugoslavia(Serbiaand Montenegro)and its
agents and surrogates. clear that all statesthat are ContractingParties have an quite
international legal obligation Ittopreventwthe commissionof acts
of genocide againstthe People and Stateof Bosnia andHerzegovina
by Yugoslavia (Serbiaand Montenegro)and its agents and
surrogates. This obligationincludes withinitself the obligation
of the other Contracting Parties to provide support to Bosnia and
Herzegovina,including military weapons, equipment,supplies,
troops and financingas indicated. This support will lawfully
enable Bosniaand Herzegovinato defend Itself and its People from
the acts of genocide and other genocidalacts that are currently
being perpetrated uponUs by Yugoslavia (Serbiaand Montenegro)and
its agents and surrogates.
112. Bosnia and ~erzegovinaalso claims that as a Party to
the Genocide Conventionand as a Member of the United Nations
Organizationand a Party to its Charter, that It possesses the
inherentright of both individual and collective self-defense
recognizedby Article 51 of the United Nations Charterin order to
defend Itself and itsPeople from the anned attacks, armed
aggressions,and acts of genocide that have been and are currently
being inflicted uponIt and its People by,Yugoslavia (Serbiaand
Montenegro)and its agents and surrogates. Article 51 of the U.N.
Charter providesin relevantpart as follows:
nNothing in the present chartershall impair the
inherentright of individualor collective self-defence
if an anned attack occurs againsta Member of the United
Nations, until the security Council has taken measures
necessary to maintain internationap leace and
security....II
Pursuant to U.N. CharterArticle 51, Bosnia and Herzegovinahas the
right to seek and receivesupport from the other 179 Member States
of the United Nations,includingthe right to seek and receive
military weapons,equipment,supplies, troops, and financing from
them in order to defend Itselfand its People from the armed
attacks, armed aggressionsand acts of genocide againstUs
currentlybeing perpetrated by Yugoslavia (Serbiaand Montenegro)
and its agents and surrogatesin gross violationof the Genocide
Conventionas well as of its solemn obligationsfound in Article 2,
paragraphs 2, 3, and 4 and in Article 33, paragraph 1of the United
Nations Charter.
that Yugoslavia (Serbiaonand Montenegro)by itself andaabyomeansmof
its agents and surrogatesin Bosnia and elsewherehas wantonly
violated U.N. Charter Article 2, paragraphs1, 2, 3, and 4, and
Article 33, paragraph 1, which provideas follows: Article 2
The Organizationand its Members, in pursuit of the
Purposesstated in Article 1, shallact in accordance
with the followingPrinciples:
1. The Organizationis based on the principleof
the sovereignequalityof all its Members.
2. All Members,in order to ensure to all of them
the rights and benefitsresultingfrom membership,shall
fulfil in good faith the obligations assumed by them in
accordancewith the presentCharter.
3. All Members shall settletheir international
disputes by peaceful meansin such a manner that
internationalpeace and security,and justice,are not
endangered.
4. All Members shallrefrain in their international
relations fromthe threat or use of force against the
territorialintegrityor political independenceof any
state, or in any other mannerinconsistent withthe
Purposes of the United Nations.
1. The parties to any dispute,the continuanceof
which is likelyto endangerthe maintenanceof
international peace and security, shall,first of all,
seek a solutionby negotiation, enquiry, mediation,
conciliation,arbitration, judicial settlement,resort to
regional agenciesor arrangements,or other peaceful
means of their own choice.
114. Bosnia and Herzegovinaalso claimsthat so far the
Security Counciland itsMember States have not yet taken effective
measures to prevent or to punish or to suppress actsof genocide
perpetratedby Yugoslavia (Serbiaand Montenegro)against the
People and Stateof Bosnia and Herzegovinaas required by Articles
I and VIII of the GenocideConvention. Therefore,Bosnia and
Herzegovina has the right underthe Genocide Convention to seek and
receive supportfrom the Member States of the United Nations,
including militaryweapons,equipment, supplies, troops, and
financing in order to defend Itself and its People from the acts of
and Montenegro) and its agents and surrogates.goslavia (Serbia
115. Bosnia and Herzegovinaalso claimsthat so far the U.N.
Security Council hasnot yet taken effective measures necessary to
maintain international peace and securitywith respect to It and
Its People within the meaning of U.N. Charter Article 51.
Therefore, Bosnia and Herzegovina'sinherentright of individual
and collectiveself-defense against the armed attac and armed
aggressions against It and its People by Yugoslavia (Serbiaand Montenegro)and its agentsand surrogatesremains intact. Thus,
Bosnia and Herzegovina hasthe basic right under Article 51 to seek
and receive support, includingmilitary weapons, equipment,
eupplies,troops, and financing fromall other U.N. Member States
in order to defend Itselfand its People from the armed attacks,
armedaggressionsand acts of genocide currently being perpetrated
upon Us by Yugoslavia (Serbiaand Montenegro)and its agents and
surrogates.
116. In this regard,on 25 September1991, the Security
Council adopted Resolution 713 (1991),at the express requestof
and with the permission by the representativeof the former
Consequently, actingN.pursuantto its powers under ChapterVII of
the Charter, the Security Councildecidedto impose an arms embargo
upon the former Yugoslavia,in the following language:
"6. p-, under ChapterVII of the Charter of
the United Nations, that all States shall, for the
purposes of establishingpeace and stabilityin
Yugoslavia,immediately implement a generaland complete
embargo onall deliveriesof weapons and military
equipmentto Yugoslaviauntil theSecurityCouncil
deaides otherwisefollowingconsultationbetween the
Secretary-Generaland the Governmentof Yugoslavia; ...t~
Indeed, the Preamble to Resolution 713 (1991) made it quite clear
that the Security Council premised the adoptionof this resolution
upon the express acquiescenceof the former Yugoslavia:
"The SecuritvCouncil,
acioyg of the fact thatYugoslaviahas welcomed
the convening of a Security Council meeting through a
letter conveyedby the Permanent Representative of
Yugoslaviato the Presidentof the Security Council
(S/23069),
....(I
In this regard: "The Yugoslavcommunication formally stating the
federal presidencyfssupport fora meetingwas elicited fromthe
central authorities in Belgrade at the very last minute, whenit
appeared that some members of the Councilwould have otherwise
raised objectionsunder Article 2(7). Weller, a
Jnte-a1 Res~onse to the ~issolutLon ofthe SociaList Federal
569, at 577-78 (July 1992). AmericanJournalof InternationalLaw
117. During the course of the debate on the adoption of
Resolution 713 (1991),Members ofthe Securitycouncil made it
quite clear thatthe legal validity of the resolutiondepended upon
the consent of the former Yugoslavia to the arms embargo:
"The delegate from Belgium spoke next, introducing
the joint draft resolutionand placingthe peacemaking efforts of the CSCEand EC firmly within the context of
chapterVIII of the Charter....Zimbabweconfirmedthat,
in the absence of a request fromYugoslavia,it would
have been "very concernedn aboutthe prospect of a
Council meetingand the draft resolution. The delegation
from Zimbabwe still urged caution upon the Council,as
Imwhateveaction [it]has to take must be taken properly
thiswbody.=/e (60.UN Doc. S/PV.e3009dath32p(1991).]of
India was more explicit, expressingthe view that
a formal requestby the State concerned is an
essentialrequirementin such cases before the
Council cantake up the matter. At the same
time, we must not forget [Article 2(7)1 of the
time testedCharterof the United Nations....
Let us thereforenote here today in
unmistakable terms that the Councilfs
considerationof the matter relates not to
Yugoslaviafsinternalsituationas such, but
specifically toits implicationfor peaceand
security in the region.=/ [61. U. at 46.1
China, too, reserved its position on the understanding
that "this discussionis being carried outin the special
circumstancesof the explicit agreement given by the
Yugoslav G~vernment.~~The Chinesedelegatereiterated
Governmentthat a countryfsinternalaffairs shouldhinebe
handled by the people in that country themselves.=/ 162.
u. at 59-60.]"
Weller, OD. cit,, 86 Am. J. Intfl L. 569, 578 (1992).
118. Notice that the SecurityCouncil imposed tho arms
embargo uponthe former Yugoslaviaonly; and at its expressrequest
and with its consent. Yet the Republic of Bosnia and Herzegovina
had not yet come into existenceas an independentstate until 6
March 1992, as indicatedabove. Thus, the Security Councilfsarms
embargo upon the former Yugoslaviadid not and could not by its own
words applyto the Republicof Bosnia and Herzegovina.
Furthermore, Bosniaand Herzegovina has never conaentedto or
acquiesced in the extensionof this arms embargo to Itself. To the
contrary, the Republic of Bosnia andHerzegovinaclaims that the
extension of this arms embargo from theformer Yugoslaviato Itself
would violate itsinherent rightof individual andcollective self-
defense as recognizedby customary international law and U.N.
Charter Article 51.
119. The Security councilreaffirmedthis arms embargo
(1991) on 15 December 1991. But for similarreasons, this arms
embargo continuedto apply onlyto the former Yugoslavia. By its
own words, and for reasonsalready explained above, Resolution 724 (1991) did not and couldnot apply to the Republicof Bosnia and
Herzegovina.
120. Once again, theSecurity Councilreaffirmedthis arms
embargoagainst the former Yugoslaviain paragraph 6 of Resolution
727 (1992)of 8 January 1992. But for reasons already explained
above, this arms embargo againstthe former Yugoslavia didnot and
could not apply to the Republicof Bosniaand Herzegovina, which
did not become an independentstate until 6 March 1992.
admitted the Republic of Bosnia and Herzegovinato Membership in
Resolution 46/237. Immediatelythereafter,the Republic of Bosnia
and Herzegovinawas subject to all the responsibilities,
privileges,duties, and rights of the United Nations Charter,
includingand especiallyArticle 51 thereof:
Nothing inthe present charter shall impair the
inherentright of individualor collective self-defence
if an armed attack occurs againsta Member of the United
Nations, until the SecurityCouncilhas taken measures
necessaryto maintain international peace and
seaurity....
As of its date of independenceas a sovereignstate on 6 March
1992, and in any event certainlyno later than 22 May 1992, the
Republic of Bosnia and Herzegovinahad, and still has, the inherent
right to defend itself,both individually andcollectively, under
customary internationallaw and as incorporatedinto Article 51 of
the United Nations Charter.
122. Therefore, all subsequent Security Council Resolutions
that routinely reaffirmed the arms embargo imposed upon the former
Yugoslaviaby paragraph 6of Resolution 713 (1991), paragraph 5 of
Resolution 724 (1991),and paragraph 6 of Resolution727 (1992)
cannot properly be construedto apply to the Republic of Bosnia and
Herzegovina. Rather, all such SecurityCouncil resolutionsmust be
construed in a manner consistent with Article 51 of the United
Nations Charter. Thereunder,the Republicof Bosnia and
Herzegovina has and still has the inherentright of individualand
collectiveself-defense,including the right immediatelyto seek
and receive from other states military weapons, equipment,
supplies, troopsand financing necessary in order to defend Itself
and Its People fromthe armed attacks, armed aggressions,and acts
of genocide that havebeen and are continuously being perpetrated
upon Us by Yugoslavia (Serbiaand Montenegro) andits agents and
surrogates.
123. Therefore, none of these numerousSecurity Council
the former Yugoslaviaunder ChapterVIIffiofithe Charter cangbepon
properly interpreted to apply to the Republicof Bosnia and Herzegovina. To do otherwise would #*impairthe inherentright of
individualor collectiveself-defence"of the Republic of Bosnia
and Herzegovina,and thus violate U.N. CharterArticle 51, and
furth8rmorerender these SecurityCouncilresolutionsultra vires:
in the present Charter shall impair the inherentright of
individualor collectivegolf-dafence. ...If (Emphasisadded.)
124. Furthermore,U.N. Charter Article 24,paragraph 2
provides :
....
2. In discharging these duties [maintaining
internationalpeace and security]the Security Council
shall act in accordancewith the Purposes andPrinciples
of the United Nations. The specific powers granted to
the Security Council for thedischargeof these duties
are laid down in ChaptersVI, VII, VIII, and XII.
Security Council must nact in accordancewith the Purposes and, the w
Principlesof the United Nationswthat are set forth in Chapter I,
which consists ofArticles 1 and 2 of the Charter.
125. Bosnia and Herzegovinaclaims that the arms embargo
imposedupon the former Yugoslaviaby the Security Councilin
Resolution 713 (1992) and its successorslegallydid not apply and
could not applyto the Republicof Bosnia andHerzegovinaat any
time. Otherwise, tn'eSecurityCouncilwould not be acting "in
accordancewith the Purposesand Principlesof the United Nationsn
and thus would be in breach ofCharter Article 24(2). Such an
improper interpretationof Resolution713 (1991)and its successors
would render Resolution 713 (1991)ultra vires the Security Council
under both Article 24(2) and Article 51 of the Charter.
126. In order to avoid these results, Bosniaand Herzegovina
claims that this Court must interpret Security Council Resolution
been, and is still not as of today, a mandatoryarms embargoever
applicableto Bosnia and Herzegovinaunder Chapter VII of the
Charter. This is a straightforward questionof interpretingthe w
terms of the United NationsCharter that clearly falls within the
powers, competence,and purview of the Court. Indeed, no other
organ of the United Nationsbut this Court can clarifythis matter
and thus vindicate the "inherentrightu of Bosnia and Herzegovina
under Article 51. According toCharter Article92, it is the
Court--not the SecurityCouncil or the GeneralAssembly--that is
"the principal judicial organ of the United Nations."
127. Unless and until thisCourt definitively rules against
its claims, Bosniaand Herzegovina remains free under Article 51
and customaryinternationallaw to defend itself notwithstanding
the terms of any security Council resolutions adopted so far.
Thus, Bosnia and Herzegovina has the basic right under
international lawto immediatelyseek and receive from other states militaryweapons, equipment,supplies,troops and financing in
order to defend Itself from armed attacks,armed aggressions,and
acts of genocide that are currentlybeing perpetratedupon us by
Yugoslavia (Serbiaand Montenegro)and its agents and surrogates,
continuouslyfrom ourdate of independenceas a sovereign stateon
6 March 1992 until today and beyond.
128. In addition,pursuant to the right of collectiveself-
holding of this Court in Case ConcerninaMilitarv And Paramilitary
d AaainstNicaraaua (Nicaragua v. United States of
America) (Merits),1986 I.C.J. 14, theRepublic of Bosniaand
Herzegovinahas the right to ask otherStates to come to its
defense against the armed attacks, armed aggressions,and acts of
genocide currentlybeing perpetrated uponIt and its People by
Yugoslavia (Serbiaand Montenegro)and its agents and surrogates.
The same result would also flow from Article I of the Genocide
Convention: "The ContractingParties confirm that genocide,
whether committed in timeof peace or in time of war, is a crime
under internationallaw a t and to
punish." (Emphasisadded.) Thus, all Parties to the Genocide
Convention areobligatedto prevent Respondent'sacts of genocide
and armed aggression even, if necessary,by means of military
interventionat the requestof Bosnia and Herzegovina,as
request of Bosnia and Herzegovinawould be permitted by U.N.e
Charter Article 51 and the Genocide Convention,and is not and has
never been expresslyprohibitedby the terms of any Security
Council resolution.
129. This claim too is a straightforward question of Charter
Interpretationthat clearly falls within the powers, competence,
and mandateof the Court as "the principaljudicialorgan of the
United NationsN as establishedby CharterArticle 92. Bosnia and
Herzegovina respectfully requests theCourt to affirm and to
clarify our right of individual andcollective self-defense under
CharterArticle 51, customary international law, and ius coa-
under the unique circumstances of this case involvingarmed
attacks, armed aggression,and acts of genocide being perpetrated
upon It and its Peopleby Yugoslavia (Serbiaand Montenegro) and
its agentsand surrogates. Time is of the essence for the People
and State of Bosnia and Herzegovina1
130. F'urthermore, many of the acts of genocide specified
above also constituteor includewithin themselves war crimesunder
the laws of war and international humanitarial naw. Bosnia and
Herzegovina claims that Yugoslavia (Serbiaand Montenegro)and its
agents and surrogateshave committednumerousviolationsand grave
breaches of the Four Geneva Conventionsof 12 August 1949, their
Additional Protocol I of 8 June 1977, the customary international
laws of war includingthe Hague Regulationson Land Warfareof
1907, and fundamental principles and rules of international
humanitarianlaw. 131. In this regard, in a letter dated 29December 1992, is
Excellency Ambassador MuhammedSacirbey transmitted a Notice of
Succession withrespect to the Four Geneva Conventionsof 1949 and
their Two AdditionalProtocolsof 1977 on behalf of the Republic of
Bosnia and Herzegovina,that was executedby H.E. Dr. Haris
Silajdzic,the BosnianMinisterof ForeignAffairs, on 17 December
1992, without any reservationsand effectiveas of 6 March 1992,
its date of independence,to H.E.M. Johannes J. Manz, Ambassador
Extraordinary and Plenipotentiary o tfhe PermanentObserver Mission
of Switzerlandto the United Nations. Switzerlandis the
depositoryof the Geneva Conventionsand Protocols. In a letter
dated 19 January 1993, H.E. Paul Seger, Charge d'affaires of the
Swiss Permanent Missionto the United Nations,informedMr. Zlatko
Batistich of the PermanentMission of Bosnia andHerzegovinato the
United Nations, that the Bosnian instrument of successionto the
Four GenevaConventionsof 1949 and the Two Additional Protocolsof
1977 were depositedwith the Swiss governmenton 31 December 1992,
with the effective date of successionbeing 6 March 1992, the date
of Bosnia's independence. Therefore,for reasons previously W
explained above, bothBosnia and Herzegovinaand Yugoslavia (Serbia
Conventionsand their Two Additional Protocolso tat all timesva
relevant to these proceedings.
132. Final1y;many of the acts of genocide and genocidal acts
specified above also constitutegross violationsof the Universal
Declarationof Human.Rights of 10 December1948. Bosnia and
Herzegovina claim thatYugoslavia (Serbia and Montenegro)and its
agents and surrogateshave perpetrated agross and consistent
pattern of violationsof the most fundamental human rightsof
Bosnian citizens. No pointwould be servedhere by reciting the
thirty Articles ofthe Universal Declaration that have been set at
naught by the Respondentwith respect to the citizensof Bosnia and
Herzegovina. But the Applicantwould like to draw the Court's
special attentionto Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
12, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, and 28 thereof.
Bosnia and Herzegovina claims that Yugoslavia(Serbiaand
Montenegro)and its agents and surrogates havesought to
circumvent,negate, overturnand destroythe entirety of the
Universal Declarationof Human Rights with respect to the citizens
of Bosnia. Yet these fundamentalhuman rights protectedby the
Universal Declarationare considered to be binding upon all states
of the World Communityas a matter of customaryinternationallaw
and jus corn, and in accordancewith the requirementsof U.N.
charter Article1(3), Article 55, and Article 56. Has Yugoslavia
(Serbiaand Montenegro)no shame?
133. Bosnia and ~erzegovinaalso claimsthat Yugoslavia
(Serbiaand Montenegro)and its agentsand surrogatesin Bosnia or
individuals,are obligatedunder the GenocideConventionto
immediately ceaseand desist from committing all acts of genocide
and other prohibited acts specifiedin Articles I1 and 111 of the
Genocide Conventionagainstthe People and State of Bosnia and Herzegovina. Yugoslavia (Serbia and Montenegroi )s also obliged to
inuumdiately cease and desistfrom committingany armed attack,
armed aggressionor any otheract of aggressionas defined by the
U.N. GeneralAssembly's Definitionof Aggression,by itself or by
means of its agents and surrogates,againstthe People and State of
Bosnia and Herzegovina.Yugoslavia (Serbia and Montenegro) and its
agents and surrogatesin Bosnia or elsewhereare also obligated
immediatelyto cease and desist from committingany and all
violationsof the Four Geneva Conventionsof 1949, its Additional
the Universal DeclarationHaof Human Rights ofL1948,aU.N. Charter907,
Articles 1, 2, 33, 55,and 56, among others, aswell as of many
other internationaltreatiesand agreementsand basic principles of
customary international law, the laws of war, international
humanitarianlaw, internationalcriminallaw, and principles of
cou , which are too numerousto list inthis Applicationbut will
be %eloped in greater detail during the course of Bosnia4s
further submissionsin these proceedings.
134. Finally, Bosnia and Herzegovinaclaims that reparations
for all the death, destruction, physical anmegdental injury,icant
property damage and environmentalharm that have been inflicted
upon It and its People by the Respondentand its agentsand
surrogatesin violationof all the sourcesof internationallaw
specifiedabove and in particular for grossly violating the
Genocide Convention;the United Nations Charter,the Four Geneva
Conventionsof 1949 and their AdditionalProtocol I of 1977, the
Hague Regulations onLand Warfare of 1907, the Universal
Declarationof Human Rights of 1948, and numerous other
international treatiesand agreements, principles of customary
internationalcriminal law, andwarlus coaens that will be specified
in further submissionsby Bosnia.
IV. JUDGMENT REQUESTED
135. Accordingly,while reservingthe right to revise,
supplementor amend thisApplication, and subject to the
presentationto the Court of the relevantevidence and legal
arguments, Bosniaand Herzegovinarequeststhe Court to adjudge and
declare as follows:
(a). continuingto breach, its legal obligationstoward the People
and State of Bosnia and Herzegovina under Articles I, II(a),
I1 (b),I1(c) , I1(dl, I11(a), I11(b), I11(c) ,I11(d) , I11(8),
IV, and V of the GenocideConvention.
(b). That Yugoslavia (Serbiaand Montenegro)has violated andis
continuingto violate its legal obligationstoward the People
and State of Bosnia and Herzegovina under the Four Geneva
Conventionsof 1949, their AdditionalProtocol I of 1977, the customary international laws of war including the Hague
Regulationson Land Warfare of 1907, and other fundamental
principles ofinternationalhumanitarianlaw.
(c). That Yugoslavia (Serbiaand Montenegro)has violated and
continuesto violateArticles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26 and 28
of the UniversalDeclarationof Human Rights with respect to
the citizens of Bosnia and Herzegovina.
(d). That Yugoslavia (Serbiaand Montenegro),in breach of its
obligationsunder general and customaryinternational law, has
killed, murdered,wounded, raped,robbed, tortured, kidnapped,
illegally detained,and exterminatedthe citizens of Bosnia
and Herzegovina,and is continuingto do so.
(e).That in its treatmentof the citizensof Bosnia and
Herzegovina,Yugoslavia(Serbiaand Montenegro)has violated,
and is continuingto violate, itssolemn obligations under w
Articles 1(3), 55, and 56 of the United Nations Charter.
(f).That Yugoslavia(Serbiaand Montenegro)has used and ie
and Herzegovinain violationof Articles 2(1),orce2(2),ns2(3),ia
2(4), and 33(1), of the United NationsCharter.
(g).That Yugoslavia (Serbiaand Montenegro),in breach of its
obligationsunder generaland customaryinternationallaw, has
used and is using force andthe threat of force againstBosnia
and Herzegovina.
(h). That Yugoslavia (Serbiaand Montenegro), in breach of its
obligationsunder general and customary international law, has
violated and is violatingthe sovereigntyof Bosnia and
Herzegovinaby:
-- armed attacks against Bosnia and Herzegovinaby air
-- aerial trespass intoBosnian airspace; w
-- efforts by direct and indirectmeans to coerce and
intimidate theGovernmentof Bosnia and Herzegovina.
(i). That Yugoslavia (Serbiaand Montenegro),in breach of its
obligations undergeneral and customaryinternationallaw, has
intervened andis interveningin the internalaffairs of
Bosnia and Herzegovina.
'j). That Yugoslavia (Serbiaand Montenegro),in recruiting,
training, arming, equipping, financing, supplyingand
otherwiseencouraging,supporting,aiding, and directing
military andparamilitaryactions in and against Bosnia and
Herzegovina by means of its agentsand surrogates, has
obligationsto Bosnia and Herzegovinaand, in particular, its charter and treaty obligationsunder Article 2(4) of the
United Nations Charter, as well as its obligations under
general and customary international law.
(k).That under the circumstancesset forth above, Bosniaand
Herzegovina has the sovereign right to defend Itself and its
People under U.N. Charter Article 51 and customary
internationallaw, includingby means of immediately obtaining
military weapons, equipment,suppliesand troops from other
States.
(1). That under the circumstances set forth above, Bosnia and
Herzegovinahas the sovereignright under U.N. Charter Article
51 and customary international law to request the immediate
assistanceof any State to come to its defense, includingby
military means (weapons, equipment, supplies, troops, etc.) .
(m). weapons embargo upon the former Yugoslavia,must be construed
in a manner that shallnot impairthe inherent right of
individualor collectiveself-defenseof Bosnia and
Herzegovinaunder the terms of U.N. Charter Article 51 and the
rules of customary international law.
(n).That all subsequent Security Council resolutions that refer to
or reaffirm Resolution 713 (1991) must be construed in a
manner that shallnot impair theinherentright of individual
or collective self-defenseof Bosnia and Herzegovina underthe
tenns of U.N. Charter Article 51 and the rules of customary
internationallaw.
(0). That Security Council Resolution 713 (1991) and allsubsequent
Security Council resolutions referring thereto or reaffirming
thereof must not be construed to impose an arms embargo upon
Bosnia and Herzegovina,as required by Articles 24(1) and 51
of the United Nations Charter and inaccordancewith the
customary doctrine of ultra vires.
(p). That pursuant to the right of collectiveself-defense
recognized by U.N. Charter Wticle 51, all other state parties
to the Charter have the right to come to the immediate defense
of Bosnia and Herzegovina--atits request--includingby means
of immediatelyprovidingIt with weapons, military equipment
and supplies,and armedforces (soldiers,sailors, airpeople,
etc.).
(q). That Yugoslavia (Serbiaand Montenegro)and its agents and
surrogatesare under an obligationto cease and desist
immediatelyfrom its breaches of the foregoing legal
obligations, and is under a particularduty to cease and
desist immediately: -- from its systematic practico ef so-called "ethnic
cleansing"of the citizens and sovereign territory
of Bosniaand Herzegovina;
--kidnapping,mayhem, wounding, physical and mentale,
abuse, and detention cf the citizensof Bosnia and
Herzegovina;
-- from the wanton devastationof villages, towns,
districts, cities,and religious institutionsin
-- from the bombardmentof civilian population centers
in Bosnia andHerzegovina, and especially its
capital, Sarajevo;
-- from continuingthe siege of any civilian population
centers in Bosnia and Berzegovina, and especially
its capital, Sarajevo;
-- from the starvationof the civilian population in
-- from the interruptionof, interference with,or
harassmentof humanitarian reliefsupplies to the
citizens of Bosnia and Herzegovinaby the
international community;
-- from all use of force--whetherdirect or indirect,
overt or covert--against Bosnia and Herzegovina,and
Herzegovina;eats offorce against Bosnia and
-- from all violationsof the sovereignty,territorial
integrityor political independence of Bosnia and
Herzegovina, including all intervention,direct or
indirect,in the internalaffairs of Bosnia and
Herzegovina;
-- provision of training, arms, ammunition, finances,
supplies, assistance, direction or an other form of
support--toany nation, group, organization,
movement or individualengaged or planning to engage
in militaryor paramilitary actions in or against
Bosnia and Herzegovina.
(r). That Yugoslavia (Serbia and Montenegro) hasan obligationto
pay Bosnia and Herzegovina, in its own right andas parens
for its citizens, reparationsfor damages to persons
and property as well as to the Bosnian economyand environment
caused by the foregoing violations of international law in a
sum to be determined bythe Court. Bosnia and Herzegovina
evaluation of the damages caused by Yugoslavia (Serbiaand
Montgenegro) .
CONCLUSION
NOT TURN THEIR EYES AWAY IN SHAME FROM BOSNIA AND HERZEGOVINA ASTEUMWXIND APPROACBEBTHE DAWN OF THE NEXT MILLENNIUM OF ITS PARLOUS
EXIBTEXCE. A8 BOSNIA AND HERZEGOVINA GOES, SO GOES THE ENTIRE
WORLD!
137. Because of the importanceand urgency of the matters
raised by this suit, andin order to avoid further loss or life, as
well as physical and mental harm, for hundredsof thousands of
Bosnian People, andin order to prevent a human catastrophe of
dimensions unprecedentedsince the Second World War of 1939 to
1945, pending a final determinationof its claims,Bosnia and
~erzegovinahereby requeststhat the Court immediatelyindicate
interim measures of protection, as set forth in a separate Request
filed concurrentlywith this Applicationof today's date.
138. The Governmentof Bosnia and Herzegovinahas designated
the undersigned as its Agent for the purpose of these proceedings.
Respectfully submitted by,
.. I
FrancisA. Boyle I
Professorof International Law
Agent for the Republic of
Bosnia andHerzegovina REQUEST FOR TEE INDICATIONOF PROVISIONAL MEASURESOF
PROTECTION SUBMITTEDBY TEE GOVERNMENT OF
THE REPUBLIC OF BOSNIAAND HERZEGOVINA
v
a& March 1993
To His Excellency thePresident,to the Judges of the
InternationalCourt of Justice, the undersignedbeing duly
authorizedby the Republic of Bosnia and Herzegovina:
1. I have the honor torefer to the Applicationsubmitted to
the Court this day institutingproceedingsby Bosnia and
Herzegovinaagainst Yugoslavia (Serbia and Montenegro). On behalf
of Bosnia and Herzegovina, Irequest urgently, in accordancewith
Article 41 of the Statute of this Court and Articles 73, 74, 75,
and 78 of the Rules of Court, that the Court indicateprovisional
measures immediately,which ought to be taken forthwithto preserve
the issues raised by our Application.ending the determinationof
A. corn~ellinaCircumstancesReauirina Indicationof Provisional
Measures of Interim Protection.
2. The facts set forth inthe Statement of Facts in the
Applicationof today's date by the Republic of Bosnia and
Herzegovinaare hereby incorporatedby reference into this Request,
and eachand every factual allegationand determinationset forth
therein ishereby affirmed and reasserted. The rapidly escalating
human catastrophein Bosnia and Herzegovina is so enormous,
monstrous, and unacceptable,that it cannot be adequately described
in the Application and Request of today's date. Therefore, Bosnia
and Herzegovina respectfullyasks the Court to take judicial notice
of the facts on the ground as they developand are reported by
reputable news mediasources whenthe Court considers this Request
for the Indication of Provisional Measuresof Protection.
3. These facts show that Yugoslavia (Serbia and Montenegro)
is committingacts of genocide and other genocidal actsagainst the
People and State of Bosnia and Herzegovina,both directly and by
means of its agents and surrogatesoperating in Bosnia and
elsewhere, ingross violation ofthe Genocide Convention. The
facts also show that Yugoslavia (Serbia and Montenegro),together
with its agents and surrogatesin Bosnia and elsewhere,are
perpetrating an armed attack and an armed aggression,upon the
People and State of Bosnia and Herzegovinain gross violation of
the United Nations Charter and basic principles of customary
internationallaw, includingthe laws of war and international
humanitarian law. The facts also show that Yugoslavia (Serbiaand
Montenegro),together with itsagents and surrogates operatingin
Bosnia and elsewhere, have perpetrateda gross and consistent
pattern of violations of the Four Geneva Conventionsof 1949, their Warfare of1907,oupon the Peopleand State of Bosnia and on Land
Herzegovina. The facts also show that Yugoslavia(Serbiaand
Montenegro),togetherwith itsagents and surrogates operating in
Bosniaand elsewhere,have perpetrateda gross and consistent
pattern ofviolationsof the UniversalDeclarationof Human Rights
of 1948 upon thecitizensof Bosnia andHerzegovina. The urgency,
gravity,and immediacy ofthe situationin Bosnia and Herzegovina
could not be more obviousfor the entireworld to see.
4. The illegal,criminal,and morally reprehensible
activitiesby Yugoslavia (Serbiaand Montenegro),together withits
perpetratedagainstthe Peopleand State of Bosnia andHerzegovina
constituteflagrantviolationsof the most elementary and
fundamental principles of international lawand of the basic
provisionsof the Genocide Convention, the United Nations Charter,
the Four Geneva Conventions and AdditionalProtocol I, the Hauue
Regulations,the Universal Declaration of Human ~i~htk,and ofher ,,
treaties prohibiting the threat or use of force in the conductof
internationalrelations,as well asof basic rules of customary
internationallaw, the laws of war, internationalhumanitarianlaw,
internationalcriminal law, and iuscosens.
and Montenegro),etogetherwith its agentsand surrogates inBosniaia
and elsewhere,and the consequences for the People and State of
Bosnia and Herzegovinahave persistednow for approximately one
year despite repeatedeffortsby Bosnia and Herzegovinaand
disinterested third parties--includingthe appropriateOrgans of
the United Nations (e.g.,the SecurityCouncil,the General
Assembly,the Secretary General, the Human Right Commissionand
its SpecialRapporteur,the U.N. High Commissioner for Refugees,
etc.), the EuropeanCommunity(EC),the Conferenceon Securityand
co-operationin Europe (CSCE), the InternationalConference onthe
Former Yugoslavia,and the Organizationof the IslamicConference,
among others--to initiatp erocedures forthe peacefulsettlementof
Yugoslavia (Serbiaand Montenegro)as required bythe Unitedd 1
Nations Charter. Despite its pious proclamations,Yugoslavia
(Serbiaand Montenegro) and its agentsand surrogatesin Bosnia and
elsewherehave consistentlyrefused,and continueto refuse, to
terminate theirillegaland criminal activities againstthe People
and State of Bosnia and Herzegovina. Based upon their barbarous
behavior duringthe past year,there is absolutely noreason
whatsoeverto believe thatYugoslavia(Serbiaand Montenegro),
together withits agentsand surrogates,will voluntarily desist
from their illegal course of conduct whilethis caseis pending
before the Court.
B. The Conseauences Souuhtto be Avoided bvProvisionalMeasures. 6. The overridingobjectiveof this Request is to prevent
furtherloss of human life in Bosnia and Herzegovina. The
continuanceof the situationthat is the subjectof the present
Request willexpose hundredsof thousandsof innocenthuman beings
to the certainty of death, starvation, malnutritio n,vere bodily
injury,torture,physical andmental harm,as well as the mass rape
of women and the systematicabuse of children.
7. The legal rightsto be protectedby the requested
indicationof provisionalmeasures are:
The right of the citizensof Bosnia andHerzegovina
(a) physicallyto surviveas a People and as a State;
(b) The rights of the People of Bosnia and Herzegovinato
life, liberty,and security,as well as the other basic
human rights specified inthe 1948UniversalDeclaration
of Human Rights;
(c) The right of the Peopleand State of Bosnia and
~erzegovinato be free at all times from acts of genocide
and other genocidalacts perpetrated upon Them by
Yugoslavia.(Serbiaand Montenegro), acting togethew rith
its agents and surrogatesin Bosnia and elsewhere;
(d) T~erzegovinato be free at all times from the use or
threat of force againstThem by a foreignstate acting in
conjunctionwith its agentsand surrogateson Their
sovereignterritoryand elsewhere;
(e) The right of Bosnia andHerzegovina toconduct its
affairs and to determine matters withii nts domestic
jurisdictionwithout interferenceor interventionby any
foreign state actingdirectlyor by means of agents and
surrogates,or both;
(f) The right of self-determination of the People of Bosnia
and Herzegovina.
(g) The basic right of sovereign existencefor the People and
State of Bosnia and Herzegovina.
The provisional measures to be indicatedare thus compelledby the
most fundamental humanitarian concerns.
8. The Respondent'sgross, systematic, and consistent
violationof these basic international legal rights pertainingto
the People and State of Bosnia andHerzegovinacan neverbe
adequately compensated fob ry the paymentof monetaryreparations
should the Court ultimately decide in favor of Bosnia and
Herzegovina'sclaims as set forth in the Applicationof today's
date. 9. Pendingthe Court'sdecision,it is imperativethat the
Respondent'sillegaland criminal behavior be terminated forthwith
by provisionalmeasures. Otherwise,Yugoslavia (Serbia and
Montenegro)and its agentsand surrogates will inflict immediate
Herzegovina.blOnly by grantingthe provisionalmeasuresset forth
below canthe rights of the People and State of Bosnia and
Herzegovinabe protectedand preserved. Failureto grant
provisional measureswill preventthe vindicationof the rights
asserted byBosnia and Herzegovinain this case if the Court should
ultimatelydecide in favor of Bosnia and Herzegovinaon the merits
of its claims.
10. By the same reasoning,provisionalmeasuresare urgently
required in orderto cause Yugoslavia(Serbiaand Montenegro)and
its agentsand surrogatesto abstain fromany further actions
capable of havinga prejudicialeffect on the Court's decision in -
this case, as well as to refrain fromtaking any step that might
aggravate orextend the disputebetweenBosnia and Herzegovinaand
Yugoslavia (Serbiaand Montenegro).
C. The Uraencv of the Reauest.
11. The foregoingrecitals sufficiently indicat the urgent
need for the provisionalmeasures requested belotwo be granted
forthwithby the Court. The very lives, well-being, health,
safety, physical,mental and bodily integrity,homes, propertyand
and Herzegovinaare right now at stake,hanging in the balance,
awaitingthe order of this Court.
12. Yugoslavia (Serbiaand Montenegro)and its agents and
surrogates have givenno indicationthat they arewilling to desist
from their criminaland illegalactions. At this very moment, the
Respondentis seekingthe resourcesto continueand intensify its j
dangerouslevel of tension,not only betweendyBosnia andHerzegovina
and Yugoslavia (~erbiaand Montenegro),but among all ofthe States
and Peoples living in the immediatevicinityof the Balkans
Peninsula. The situationin Bosnia andHerzegovina has already
produced serious implications for international peaa ced security
in this regionof the world. It is clear that, in the absenceof
an indicationof provisionalmeasures,the disputebetween Bosnia
aggravatedand extended.slavThe gravestonsequences cannotbe
excludedfor world peace itself.
13. Twentiethcentury history testifiet shat the First World
War began in 1914 with an assassinationat Sarajevo,which is now
the capital ofthe Republicof Bosnia and Herzegovina. Perhaps at
entire disputearising out of this assassinationto Itthet the
International Tribunalof The Hague,"the entire FirstWorld War could have been avoided. But the PermanentCourt ofArbitration
was constitutionally incapable o acting ontime to prevent this
monumentalcatastrophefor humankind. Not so for the International
Court of Justice! The grant of the provisionalmeasuresset forth
below could very well preventthe developmentof WorldWar 111.
D. Provisional Measures Requested.
facie established under thGueenocide Convention,Bosnia ands prima
Herzegovinasubmitsthat there are no impedimentsto indicating
provisional measures. Accordingly, Bosnanad Herzegovina
respectfullyrequeststhat theCourt indicatethe following
provisionalmeasuresto be in effectwhile theCourt is seizedof
this case:
1. That Yugoslavia(Serbiaand Montenegro),togetherwith
its agents and surrogatesin Bosnia and elsewhere,must
immediatelycease and desist from all actsof genocide
and genocidalacts againstthe Peopleand State of Bosnia
and ~erzegovina,including butnot limitedto murder;
summaryexecutions;torture;rape; mayhem; so-called
"ethniccleansingttt;he wanton devastationof villages,
towns, districtsand cities; the siege of villages,
civilianpopulation;the interruptionof, interference
with, or harassmentof humanitarian relief supplie so
the civilianpopulationby the internationalcommunity;
the bombardmentof civilian population centers;and the
detentionof civiliansin concentration camps or
otherwise.
2. That Yugoslavia(Serbiaand Montenegro) mustimmediately
cease and desist from providing,directlyor indirectly,
any typeof support--including training,weapons, arms,
ammunition,supplies, assistance, finances,direction or
any other form of support--to any nation, group,
organization,movement,militiaor individual engaged in
or planningto engage in military orparamilitary
of Bosniaand Herzegovina. People,State and Government
3. That Yugoslavia(Serbiaand Montenegro)itself must
immediatelycease and desist from any andall types of
military orparamilitaryactivitiesby its own officials,
agents, surrogates,or forces in oragainstthe People,
State and Government of Bosnia and Herzegovina,and from
any other use or threatof force in itsrelationswith
Bosnia and Herzegovina.
4. That under thecurrentcircumstances, the Governmeno tf
Bosnia and Herzegovina has the right to seek andreceive
support from otherstates in order to defend Itselfand Its People, includingby means of immediatelyobtaining
military weapons, equipment,and supplies.
5. That under the current circumstances, the Governmentof
Bosnia and Herzegovinahas the right to request the
immediate assistanceof any state to come to its defense,
including by means of immediately providingweapons,
military equipment and supplies, and armed forces
(soldiers, sailors, airpeople,etc.) .
6. That under the currentcircumstances,any state has the
right to come to the immediate defenseof Bosnia and
Herzegovina--atits request--includingby means of
immediately providingweapons, military equipment and
supplies, and armea forces (soldiers, sailors,and
airpeople, etc. ).
Conclusion.
15. In view of the seriousnessof the present situation in
Bosnia and Herzegovina, the Applicant urges that this Request be
treated as a matter -ofthe most extreme urgency. Accordingly,
immediatelyupon receipt of this Request, and that immediatelyupone
the convening of a quorum of the Court, that the Court grant
proprio motu any or all of the above-mentionedprovisional measures
against the Respondent and its agents and surrogates beforeany
oral proceedings are held, pursuant tothe powers of the Court
under article 75, paragraph 1 of the Rules of Court. This
extraordinaryprocedure should be followed becauseof the urgent
and compellingreasons set forth above in this Request and in the
Application of today's date. Time is of the essence for the People
and State of Bosnia and Herzegovina!
16. If for some reason this immediately precedingrequest
proves to be impossible to fulfill, then Bosnia and Herzegovina
respectfully requests that the Court, pursuant to Articles 74(1)
and 74(3) of the Rules of the Court, set a hearing on this Request
at the earliest date possible and, in any event, no later than a
couple of days after the filing of this Request and the Application
of today's date.
17. In the meantime, Bosnia and Herzegovina respectfully
requests that pursuant to the terms of Article 74, paragraph 4 and
Article 34, paragraph 1 of the Rules of Court, that thePresident
of the Court immediatelyand personallycontact the President and
Foreign Minister of Yugoslavia (Serbia and Montenegro) and inform
them that their government must do nothing that would prejudge,
prejudice, or interfere with these legal proceedings,and,
especially, that their governmentmust cease and desist immediately
from all illegal and criminal activitiesperpetrated by their
government and its agents and surrogates againstthe People and
State of Bosnia and Herzegovina in violation of the Genocideconvention,the United NationsCharter, the Four Geneva Conventions
of 1949 and their AdditionalProtocol I of 1977, the Hague
Regulations onLand Warfare of 1907, and the Universal Declaration
of Human Rights of 1948.
18. Finally, Bosnia and Herzegovinawill nominatea Judge &
-oc for the purpose of these proceedingsas soon as feasible. But
in view of the gravity of the currentsituation caused by the
actions taken and threatenedby Yugoslavia (Serbia and Montenegro)
and its agents and surrogates,Bosnia and Herzegovina respectfully
requests that the Court act upon this Request for the Indication of
ProvisionalMeasures of Protectionof today's date immediately.
Once again: Time is of the essencefor the People and State of
Bosnia and Herzegovina!
Respectfullysubmitted by,
Francis A. Boyle 3
Professor of International Law
AgBosnia and Herzegovinaf
Request for the Indication of Provisional Measures of Protection submitted by the Government of the Republic of Bosnia and Herzegovina