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V. CASES BEFORE THE COURT*

Published online by Cambridge University Press:  17 January 2008

Abstract

1. Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v Serbia and Montenegro).

The Republic of Bosnia and Herzegovina instituted proceedings against Yugoslavia on 20 March 1993 alleging violations of the 1949 Genocide Convention and requesting an indication of provisional measures which was made in an order of 8 April 1993.1 This was reaffirmed in an order of 13 September 1993,2 following a second request for provisional measures made by Bosnia and Herzegovina on 27 July 1993 and a request made by Yugoslavia on 10 August 1993.3 By an order of 16 April 19934 the following time limits were set for the filing of the written pleadings: Bosnia and Herzegovina, memorial, 15 October 1993; Yugoslavia, counter-memorial, 15 April 1994. By an order of 7 October 19935 these were extended to: Bosnia and Herzegovina, memorial, 15 April 1994; Yugoslavia, counter-memorial, 15 April 1995 and, by order of 21 March 1995,6 the date for the submission of the Yugoslavian counter-memorial was again extended to 30 June 1995. On 26 June 1995 Yugoslavia submitted preliminary objections which were rejected by the Court in its order of 11 July 1996.7 By an order of 23 July 19968 the time limit for filing the Yugoslav counter-memorial was fixed as 23 July 1997. The counter-memorial was filed on 22 July 1997 and contained counterclaims against Bosnia and Herzegovina and, in an order of 17 December 1997,9 the Court held them to be admissible and that they formed a part of the current proceedings. These counter-claims were subsequently withdrawn at the request of Bosnia and Herzegovina, this being noted by the Court in its order of 10 September 2001.10 The order of 17 December 199711 set the following time limits for the written pleadings on the merits: Bosnia and Herzegovina, reply, 23 January,1998; Yugoslavia, rejoinder, 23 July 1998. By an order of 22 January 199812 these were extended to: Bosnia and Herzegovina, reply, 23 April 1998; Yugoslavia, rejoinder, 22 January 1999. By an order of 11 December 199813 the time limit for the submission of the Yugoslav rejoinder was further extended, to 22 February 1999.

Type
Articles
Copyright
Copyright © British Institute of International and Comparative Law 2004

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