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WAMUN 2007

WASHINGTON ACADEMY MODEL OF UNITED NATIONS

INTERNATIONAL COURT OF JUSTICE

Case 2

Legality of Use of Force

(Yugoslavia v. United States of America, the United Kingdom of Great Britain and Northern Ireland, the Republic of France, the Federal Republic of Germany, the Republic of Italy, the Kingdom of the Netherlands, the Kingdom of Belgium, Canada, Portugal and the Kingdom of Spain)

 

On 29 April 1999 Serbia and Montenegro (then known as the Federal Republic of Yugoslavia) filed Applications against Belgium, Canada, France, Germany, Italy, the Netherlands, Portugal, Spain, the United Kingdom and the United States of America, “for violation of the obligation not to use force”.

In those Applications, Serbia and Montenegro, referring to the bombings of its territory by Member States of the North Atlantic Treaty Organization (NATO) in 1999 following the Kosovo crisis, claimed that the abovementioned countries had committed “acts . . . by which (they) have violated (their) international obligation(s) banning the use of force against another State, not to intervene in the internal affairs of (that State)” and “not to violate (its) sovereignty”;  “(their) obligation(s) to protect the civilian population and civilian objects in wartime (and) to protect the environment”;  “(their) obligation(s) relating to free navigation on international rivers”;  (their) obligation(s) regarding fundamental human rights and freedoms”;  and “(their) obligation(s) not to use prohibited weapons (and) not to deliberately inflict conditions of life calculated to cause the physical destruction of a national group”.  Serbia and Montenegro requested the Court to judge and declare inter alia that the countries previously mentioned were “responsible for the violation of the above mentioned international obligations” and that they were “obliged to provide compensation for the damage done”.

The Court has received a request from the former Federal Republic of Yugoslavia, today represented by the states of Serbia and Montenegro independently to reconsider the case and asks for the International Court of Justice to apply economical sanctions to the member states of NATO, including a decree by which it obliges these states to contribute economically to the reconstruction of the infrastructure of these states. The Court expects both parties to present evidence, including documents (historical and recent), statements, resolutions, and any other piece of evidence to support the claims emitted by both sides. A historical overview of the conflict will also be necessary in order to present a clear case for either side.

Committies CIA ICJ OEA OPEC Security Disarmament CIES HCR