Case Digest: Yugoslavia v. United States of America, 1999 ICJ Rep [Case Concerning Legality of Use of Force]

Public International Law | Provisional measures

Facts:

  • The case involved the Federal Republic of Yugoslavia against NATO states regarding bombings in Yugoslavia.
  • The Court expressed deep concern over the human tragedy, loss of life, and suffering in Kosovo and Yugoslavia due to the use of force, raising serious international law issues.
  • Emphasized the importance of adherence to obligations under the United Nations Charter and international law by all parties before the Court.

Issue:

WoN the Court has jurisdiction over disputes between States without their consent, as per its Statute.

WoN the invoked provisions, particularly Article IX of the Genocide Convention, and Article 38, paragraph 5, of the Rules of Court, establish a prima facie basis for the Court's jurisdiction.

Held:

  • The Court clarified that its jurisdiction requires the consent of the involved States, either in general or for the specific dispute concerned.
  • Yugoslavia sought jurisdiction based on Article IX of the Genocide Convention, but the US reservation to Article IX prevented the Court's jurisdiction in this case, even prima facie.
  • The Court noted that Yugoslavia's lack of objection to the US reservation excluded Article IX from the Convention's provisions between the parties.
  • Yugoslavia's invocation of Article 38, paragraph 5, of the Rules of Court also failed as the US had not consented to the Court's jurisdiction under this article.
  • Consequently, the Court found it lacked jurisdiction to entertain Yugoslavia's Application and rejected the request for provisional measures by a vote of twelve to three.
  • The Court stressed the distinction between a state's acceptance of the Court's jurisdiction and the compatibility of specific acts with international law, emphasizing that the former requires consent.
  • It highlighted that states are responsible for acts violating international law, and disputes concerning the legality of such acts must be resolved peacefully, as outlined in Article 33 of the Charter.

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