The Bosnia Case Revisited and the ‘New’ Yugoslavia

Abstract

The application by the Federal Republic of Yugoslavia for a revision of the 1996 ICJ Judgment in the Bosnia case is the latest initiative involving the Court in the Balkan crisis. Whilst the application raises interesting questions, they reflect rather upon the indeterminate nature of the Court's original Judgment than upon their own merit. It is doubtful whether the Court would regard the change in circumstances such as to justify revising its Judgment. The most perplexing issue concerns the motivation behind the application. Given the potential effect of the proceedings on other cases involving the FRY before the Court, the application may allow the Court to dispose of all such cases in one single decision, which may have certain attractions for the Court if it is to remain politically disengaged.