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International Court of Justice: Order on Request for the Indication of Provisional Measures in Case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Yugoslavia (Serbia and Montenegro))

Published online by Cambridge University Press:  27 February 2017

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Type
Judicial and Similar Proceedings
Information
International Legal Materials , Volume 32 , Issue 3 , May 1993 , pp. 888 - 902
Copyright
Copyright © American Society of International Law 1993

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References

* [Reproduced from the text provided by the International Court of Justice. By the Court's Order of April 16, 1993, the time-limits for the written proceedings in the case are October 15, 1993 for the Memorial of Bosnia and Herzegovina, and April 15, 1994 for the Counter-Memorial of Yugoslavia (Serbia and Montenegro).

[On April 16, 1993, the Permanent Representative of Bosnia and Herzegovina to the United Nations addressed a Letter to the Secretary-General (S/25616), with regard to the assault on Srebrenica. “This assault is an act of genocide perpetrated in violation of the Convention on the Prevention and Punishment of the Crime of Genocide. ”It constitutes a direct violation of the Order of the International Court of Justice that the Federal Republic of Yugoslavia (Serbia and Montenegro) “should in particular ensure that any military, paramilitary or irregular armed units which may be directed or supported by it as well as any organizations and persons which may be subject to its control, direction or influence do not commit any acts of genocide, of conspiracy to commit genocide, of direct and public incitement to commit genocide, or of complicity in genocide….” The letter further requests “that the Security Council take immediate measures under Chapter VU of the Charter to stop the assault and to enforce the Order of the International Court of Justice.”

[On the same day, the U.N. Security Council adopted Resolution 819 (1993), which “[Takes] note that the International Court of Justice in its Order of 8 April 1993 in the [present case] unanimously indicated as a provisional measure that the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) should immediately, in pursuance of its undertaking in the Convention on the Prevention and Punishment of the Crime of Genocide of 9 December 1948, take all measures within its power to prevent the commission of the crime of genocide….” The operative paragraphs of the Resolution appear at 32 I.L.M. 931 (1993).

[The Genocide Convention is reproduced at 28 I.L.M. 763 (1989). The U.N. General Assembly Resolution and Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities is reproduced at 32 I.L.M. 911 (1993); it was adopted on December 18, 1992.]