Hostname: page-component-848d4c4894-wg55d Total loading time: 0 Render date: 2024-05-16T23:37:58.398Z Has data issue: false hasContentIssue false

Legality of Use of Force (Yugoslavia/Serbia and Montenegro v. France)

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

International Court of Justice — Jurisdiction — Provisional measures — Prima facie basis for jurisdiction — Convention on the Prevention and Punishment of the Crime of Genocide, 1948, Article IX — Whether threat or use of force against a State amounting to genocide — Whether necessary element of intent towards defined group — Whether Serbia and Montenegro party to the Genocide Convention at relevant date — Whether Genocide Convention a treaty in force under Article 35(2) of the Statute of the Court

Treaties — Application — Convention on the Prevention and Punishment of the Crime of Genocide, 1948 — Definition of genocide contained in Article II of Genocide Convention — Whether intended destruction of a national, ethnical, racial or religious group — Whether threat or use of force against a State constituting an act of genocide

International organizations — United Nations — Membership — Yugoslavia — Status of Yugoslavia between 1992 and 2000 — Whether Member of the United Nations — Whether party to Statute of International Court of Justice — Whether Yugoslavia having access to Court under Article 35(1) of Statute — Whether Yugoslavia having access to Court under Article 35(2) of Statute

State succession — Succession and continuity of States — Socialist Federal Republic of Yugoslavia — Whether Serbia and Montenegro continuation of the former Socialist Federal Republic of Yugoslavia — Membership of the United Nations — Whether Yugoslavia party to Statute of International Court of Justice — Treaty obligations of the former Yugoslavia

War and armed conflict — NATO bombing of Yugoslavia — NATO Respondent States claiming humanitarian intervention — Loss of life and suffering in Kosovo — Whether NATO Respondent States violating obligation not to use force — Maintenance of peace and security — Role of Security Council — Responsibilities of Court under United Nations Charter and Statute of Court — Obligations of Parties under Charter and other rules of international law including humanitarian law

Type
Case Report
Copyright
© Cambridge University Press 2015

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)