112-Legality of Use of Force (Serbia and Montenegro vs Spain)

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

In its application instituting proceedings against Portugal, 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 not only rejected the request for provisional measures but also considered that it clearly did not have jurisdiction to hear this case. The case was therefore struck out of the List.

Order of 02-06-1999.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.