TO: The Judges of the International Court of Justice
The Peace Palace,
The Hague,
The Netherlands.
Amsterdam, 26 August 1993
YOUR EXCELLENCIES:
In answer to the question put by HE Judge Bola Ajibola,
without prejudice to other submissions concerning jurisàliction
made already by the Applicant, and reserving the right t.o
supplement this answer with further written submissions, as
provided for in the statement of the President of the Court, I
have the honor to state the following:
The Government of Bosnia and Herzegovina has been complying
with section B of the Court Order ever since it was given and,
furthermore, did so even before it was given.
The Government of Bosnia and Herzegovina never had, let alone
expressed, any territorial claims reaching beyond the we~ll
established borders of the Republic of Bosnia and Herzeçrovina.
The Government of Bosnia and Herzegovina entered and 8onducted
in good faith negotiations aimed at ending the ongoin3
genocide and at preserving Bosnia and Herzegovina as a
sovereign State and Member of the United Nations.
The Government of Bosnia and Herzegovina has taken the
position to conduct relations with the Respondent State on the
basis of mutual recognition, which has been systematically
refused by the Respondent.
The Government of Bosnia and Herzegovina has been, anj still
is, in strong support of monitoring the borders between the
Respondent State and the Republic of Bosnia and Herzegovina.
This monitoring initially was accepted by the Respondent:, but
was then refused when it came to the point of materiali2:ing.
I, the undersigned, while being in Geneva as legal advisor of
President Izetbegovic {28 July- 10 August 1993), personally
assisted with the translation into English of the Order that
the Presidency issued to the Army of the Republic of Bosnia
and Herzegovina, instituting a cease fire, stating that the
military should refrain from any military action except when
in self-defence, and confirming that any use of military force
against civilians would immediately lead to disciplinary
action for the commanders involved.
Please accept, Excellencies, the renewed assurance of my
highest consideration.
Professor Francis A. Boyle
General Agent for the RE!public of
Bosnia and Herzegovina before the
International Court of .::rusticeTO: The Judges of the International Court of Justice
The Peace Palace,
The Hague,
The Netherlands.
Amsterdam, 26 August 1993
YOUR EXCELLENCIES:
In answer to the questions put by HE Judge ad hoc Lauterpacht,
without prejudice to other submissions concerning jurisëliction
made already by the Applicant, and reserving the right t~o
supplement this answer with further written submissions, as
provided for in the statement of the President of the Court, I
have the honor to state the following:
In the letter from Vladislav Jovanovic, Federal Minister for
Foreign Affairs for the Respondent, dated 1 April 1993~ the
Respondent has accepted andfor confirmed its acceptance of
jurisdiction of this Court, both with respect to the subject
matter of Article II of the Genocide Convention, and wit~h
respect to other matters as put forward in our initial
Application dated 20 March 1993.
The letter only contests jurisdiction "with regard to the
legitimacy of the Applicant". As we have exhaustively
demonstrated, the identity and legitimacy of the Applicant is
simply beyond question. The Republic of Bosnia and Herze~govina
and the government through which it acts is widely recoçrnized
by states and international organizations, including the~
United Nations, of which this Court is the principal judicial
organ.
Rather than reserving its right to add further preliminary
objections, the government of the Respondent actually broadens
jurisdiction beyond the subject matter covered by Articles II
and IX of the Genocide Convention. The letter "welcomes the
readiness of the International Court of Justice to discuss the
need of ordering provisional measures to bring to an end
inter-ethnie and inter-religous armed conflicts within t:he
territory of the 'Republic of Bosnia and Herzegovina'"·
Clearly, this "discussion" will take place within the
jurisdictional context as set forward in our initial
Application dated 20 March 1993. The Respondent' s accept:ance
of this jurisdictional setting for the first round of
provisional measures (leading to this Court's Order of B April
1993) logically extends to any following provisional measureswhich are requested within the framework of the proce1~dings
instituted by the 20 March 1993 Application.
In line with established jurisprudence of this Court, it is
clear that this statement establishes jurisdiction with
respect to all aspects of the situation in the Republic of
Bosnia and Herzegovina connected with armed conflicts
concerning the territory of the Republic of Bosnia an<i
Herzegovina.
Please accept, Excellencies, the renewed assurance of my
highest consideration.
Professor Francis A. Boyle
General Agent for the Repuhlic of
Bosnia and Herzegovina before the
International Court of Justice
Written Replies of the Republic of Bosnia and Herzegovina to Questions put by Judges at the Hearings of 26 August 1993