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Legality of Use of Force (Yugoslavia/Serbia and Montenegro v. United States of America)

Published online by Cambridge University Press:  01 January 2021

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Abstract

International Court of Justice — Provisional measures — Prima facie basis for jurisdiction — Convention on the Prevention and Punishment of the Crime of Genocide, 1948, Article IX — Reservation to Article IX

Treaties — Application — Convention on the Prevention and Punishment of the Crime of Genocide, 1948 — Reservations — Reservation to Article IX of the Genocide Convention

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

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