Cite as https://mymun.com/ppdb/8096
POSITION PAPER: JUSTICE PROFETI – SOMALIA April 17th, 2017
The International Court of Justice, following the claims presented by Yugoslavia on the 29th of April 1999, is requested to decide, in light of the actions performed by the United States of America and other Members of NATO, whether the acts of the respondent State amount to a lawful use of force against the FRY.
The Court rejects the claim of Yugoslavia regarding the applicability of Article 38 (5) of the Rules of the Court, in view of the reservation made by the United States of America upon its ratification of the Convention. Nevertheless, the Court accepts the claim presented by Yugoslavia concerning the applicability of Article 9 of the Genocide Convention which enshrines the competence of the Court in hearing any case relating to the interpretation, application, or fulfillment of the Convention, in particular of any other act enumerated in Article 3 of the Convention.
The Court, therefore, holds full competence to analyze and decide upo...