Committee
International Court of Justice
Country
Serbia (Advocate)

Author

Tee Ming Zee
Singapore

Cite as https://mymun.com/ppdb/3161

The Republic of Serbia rejects Croatia’s claims of our violation of the Conventions on the Prevention and Punishment of the Crime of Genocide (hereafter referred to as “Genocide Convention”) under Articles I – V during the Yugoslavian Wars of 1999-2001.

Preliminary Objections

In our first preliminary objection, Serbia contends that it lacks legal standing to participate in the proceedings of this court. Assuming this simulation upholds the date of Croatia’s filing of application in 1999, as this predates Serbia’s admission to the UN, hence Serbia cannot be party to the Statute of the Court (following the decision of the court in Legality of Use of Force, Serbia and Montenegro v. Belgium, 2004).

Additionally, Serbia cannot be regarded as party to the Genocide Convention at the time when the application was filed, thereby invalidating Croatia’s application on the basis of Article IX, which mandates that only disputes between Contracting Parties shall be submitted to the ICJ. This is because neither international States nor principal UN organs recognized the continuity of identity between the Socialist Federal Republic of Yugoslavia (SFRY) and the Federal Republic of Yugoslavia (Serbia and Montenegro)(FRY), in spite of its claims as its legal successor state on April 28, 1992. This is reflected in the adoption of United Nations General Assembly Resolution A/RES/47/1 on 22 September 1992...