Chapter 8 - Court Action with regard to the Kosovo Crisis

Summary

The International Court of Justice (ICJ)

On 28 April 1999, the FRY submitted a request for the indication of provisional measures against Belgium, Canada, France, Germany, Italy, the Netherlands, Portugal, Spain, the United Kingdom, and the United States of America (document no. 306). A day later the FRY submitted an application accusing these states that by taking part in the air strikes against the FRY, they had infringed upon their obligation not to use force and that by taking part in the training, arming, financing, equipping, and supplying of the KLA they had violated their obligation to non-intervention (document no. 307). In addition, the FRY raised claims concerning breaches of international humanitarian law, environmental law, basic human rights, freedom of navigation on international rivers, and allegations of genocide. Only four days before filing the application the FRY had accepted the compulsory jurisdiction of the International Court of Justice according to Art. 36 para. 2 of the ICJ-Statute.

Oral pleadings were held from 10 May 1999 to 12 May 1999 (document no. 308). By the order of 2 June 1999 (document no. 309), the Court rejected the request for the indication of provisional measures. The question of prima facie jurisdiction of the Court was decisive for the order. Depending on a legal obligations of the different respondent parties the ICJ examined various bases for jurisdiction: The question of reservations ratione temporis according to Art.