ZAGREB/THE HAGUE, Feb 3 (Hina) - The International Court of Justice (ICJ) on Monday declared itself as the competent court for tackling Bosnia-Herzegovina's genocide suit against the Federal Republic of Yugoslavia (FRY), and thus
rejected Belgrade's challenge to its jurisdiction.
ZAGREB/THE HAGUE, Feb 3 (Hina) - The International Court of Justice
(ICJ) on Monday declared itself as the competent court for tackling
Bosnia-Herzegovina's genocide suit against the Federal Republic of
Yugoslavia (FRY), and thus rejected Belgrade's challenge to its
jurisdiction. #L#
The president of this Hague-based court, Gilber Guillaume, said
that it had rejected the Yugoslav challenge.
In April 2001, Yugoslavia filed a request for reconsideration of
the court's ruling of 11 July 1996 when it decided that it was the
competent court in the case of the suit which Sarajevo lodged
against Belgrade for genocide.
Belgrade insisted on the revision of the ruling, claiming that by
its admission into the United Nations on 1 November 2000, as a new
member "it became clear that it (FRY) did not continue the
international legal and political subjectivity of the former
Socialist Federal Republic of Yugoslavia (SFRY)".
Demanding the reconsideration of the ruling, the Federal Republic
of Yugoslavia also cited that one of the reasons for its request was
the fact that the accession to the Convention on Genocide could not
have a retroactive effect and that the FRY had never accepted
Article IX of the convention. The article stipulates that the ICJ
decided upon the request of one party.
In March 1993, Bosnia requested the ICJ to enable it to sue the FRY
for its breaches of the said convention, which Yugoslavia violated
through war destruction. Sarajevo based the ICJ's jurisdiction on
Article IX.
In preliminary proceedings in June 1995, Belgrade already tried to
challenge the jurisdiction of the ICJ, but in July 1996, the ICJ
turned down the Yugoslav request and proclaimed itself competent
pursuant to Article IX.
Croatia filed a genocide suit against the FRY in July 1999.
The ICJ is the UN top judicial body competent for dealing with
disputes between UN member-states.
(hina) ms