30 June 1999

 

General List No. 106

 
     

international Court of Justice

     
 

Legality of Use of Force

 
     

Yugoslavia

 

v. 

Canada

     
     
 

Order

 
     
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BEFORE: Vice-President: Weeramantry
   
PermaLink: http://www.worldcourts.com/icj/eng/decisions/1999.06.30_use_of_force9.htm
   
Citation: Legality of Use of Force (Yugo. v. Can.), 1999 I.C.J. 991 (Order of June 30)
 
     
 
 
     
 

 [p.991]
The International Court of Justice,

Composed as above,

After deliberation,

Having regard to Article 48 of the Statute of the Court and to Articles 31, 44, 45, 48, 49 and 79 of the Rules of Court,

Having regard to the Application by the Federal Republic of Yugoslavia filed in the Registry of the Court on 29 April 1999, instituting proceedings against Canada "for violation of the obligation not to use force",

Having regard to the request for the indication of provisional measures submitted by Yugoslavia on 29 April 1999 and to the Order made by the Court on 2 June 1999, whereby it rejected the request and reserved the subsequent procedure for further decision;

Whereas, in order to ascertain the views of the Parties on the subse-[p 992]quent procedure, the Vice-President of the Court, Acting President, met their representatives on 28 June 1999; whereas at that meeting Canada, referring to the findings reached by the Court in its above-mentioned Order of 2 June 1999, requested that the question of the jurisdiction of the Court and of the admissibility of the Application in this case should be separately determined before any proceedings on the merits; and whereas Canada confirmed its views in this regard by letter of 28 June 1999; whereas at that same meeting Yugoslavia opposed this request and stated that it wished to be permitted to submit a Memorial on the merits, as provided by the Rules of Court, it being understood that Canada would be entitled, pursuant to Article 79, paragraph 1, of the Rules, to raise preliminary objections within the time-limit fixed for the filing of its Counter-Memorial; and whereas the Applicant envisaged a time-limit of approximately six months for the filing of the pleading which it wished to submit;

Taking into consideration the views of the Parties and the relevant provisions of the Rules of Court,

Fixes the following time-limits for the filing of the written pleadings envisaged by Article 45 of the Rules:

5 January 2000 for the Memorial of the Federal Republic of Yugoslavia;

5 July 2000 for the Counter-Memorial of Canada; and Reserves the subsequent procedure for further decision.

Done in French and in English, the French text being authoritative, at the Peace Palace, The Hague, this thirtieth day of June, one thousand nine hundred and ninety-nine, in three copies, one of which will be placed in the archives of the Court and the others transmitted to the Government of the Federal Republic of Yugoslavia and the Government of Canada, respectively.

(Signed) Christopher G. Weeramantry,
Vice-President.

(Signed) Jean-Jacques Arnaldez,
Deputy-Registrar.

 
     

 

 

 

 

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