Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
Search in posts
Search in pages

105- Legality of Use of Force (Serbia and Montenegro vs Belgium)

On April 29th, 1999, The Federal Republic of Yugoslavia filed Applications instituting proceedings before the International Court of Justice (ICJ) against several States, including Belgium, claiming that the latter had violated its international obligation not to use force against another State.

In its application instituting proceedings against Belgium, Yugoslavia cited as a basis for jurisdiction of the Court the article 36 paragraph 2 of the Statute of the Court as well as the article IX of the Convention on the Prevention and Punishment of the Crime of Genocide, adopted by the UN on December 09th, 1948. The applicant also submitted a request for provisional measures to ensure that the respondent State cease immediately the use of force and refrain from any act that could constitute a threat or a use of force. In its order of June 2nd,1999 the ICJ ruled that it did not have a prima facie jurisdiction, which is one of the prerequisite for the issuance of provisional measures, therefore it could not grant that request.

Order of 02-06-1999.pdf

Belgium, like all the States brought before the Court by Yugoslavia, raised preliminary objections: the point was to decide whether Serbia and Montenegro was a party to the UN and ICJ Statute when the proceedings were instituted. If the applicant was not, the Court could not be open to it unless it satisfied the conditions set out in article 35 paragraph 2 of the Statute.

After recalling the political events that had affected Yugoslavia during the 1990s (more precisely its implosion, leading to the creation of Serbia and Montenegro), the Court concluded that the applicant became a member of the UN on November 1st,2000. However, there was nothing to confirm that the country had been a member of the institution prior to that date and hence could not have been party to the Statute when it instituted proceedings against these states on April 29th,1999.

The Court also examined the question of whether Serbia and Montenegro could invoke the Convention on the settlement of disputes, which it concluded with Belgium in the 1930s. After review, the Court concluded that this Convention could not serve as a basis of jurisdiction to hear this case.

Judgment of 15-12-2004.pdf

This summary is provided for informational purposes only, does not involve the responsibility of Dome and should in no way be used as a substitute for a careful reading of the judgment and order of the case.

Thursday's special offer

Grâce à notre guide complet organisé en modules composés de mémos, schémas, arrêts et quiz, le nouveau régime des procédures simplifiées de recouvrement et des voies d’exécution n’aura plus de secret pour vous.