20 January 2009

 

General List No. 118

 
     

international Court of Justice

     
     
     

Croatia

 

v. 

Serbia

     
     
 

Order

 
     
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BEFORE: President: Higgins
   
PermaLink: http://www.worldcourts.com/icj/eng/decisions/2009.01.20_genocide_convention.htm
   
Citation: Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croat. v. Serb.), 2009 I.C.J. 54 (Order of Jan. 20)
 
     
 
 
     
 

[p54]
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 and 79 of the Rules of Court,

Having regard to the Application filed in the Registry of the Court on 2 July 1999, whereby the Republic of Croatia instituted proceedings against the Federal Republic of Yugoslavia “for violations of the Convention on the Prevention and Punishment of the Crime of Genocide”,

Having regard to the Order dated 14 September 1999, whereby the Court fixed 14 March 2000 and 14 September 2000 respectively as the time-limits for the filing of the Memorial of the Republic of Croatia and the Counter-Memorial of the Federal Republic of Yugoslavia,

Having regard to the Order dated 10 March 2000, whereby the President of the Court, at the request of Croatia, extended until 14 September 2000 and 14 September 2001 respectively the time-limits for the filing of the Memorial and the Counter-Memorial, and to the Order dated 27 June 2000, whereby the Court, at the request of Croatia, extended those time-limits until 14 March 2001 and 16 September 2002 respectively,

Having regard to the Memorial of the Republic of Croatia, filed within the time-limit as extended,

Having regard to the preliminary objections to the jurisdiction of the Court and the admissibility of the Application which were submitted by the Federal Republic of Yugoslavia within the time-limit fixed for the filing of the Counter-Memorial, as extended;

Whereas the Court, in its Judgment dated 18 November 2008, found inter alia that, subject to its findings in respect of the second preliminary objection submitted by the Respondent, it has jurisdiction, on the basis of Article IX of the Convention on the Prevention and Punishment of the Crime of Genocide, to entertain the Application of the Republic of Croatia;

Whereas, at a meeting held by the President of the Court with the representatives of the Parties on 12 January 2009, Mr. Saša Obradovic´, Co-Agent of Serbia, referring in particular to the total time-limit of eighteen months which Croatia had had available to prepare its Memorial, requested an equal time-limit of eighteen months for the preparation of the Counter-Memorial of his Government; and whereas H.E. Ms Andreja Metelko-Zgombic´, Co-Agent of Croatia, declared that, taking account, inter alia, of the long period of time from which Serbia had benefited in order to examine the Memorial of Croatia, her Government was of the opinion that the time-limit requested for the filing of the Counter-Memorial appeared too long;

Taking into account the views of the Parties,

Fixes 22 March 2010 as the time-limit for the filing of the Counter-Memorial of the Republic of Serbia; and

Reserves the subsequent procedure for further decision.

Done in English and in French, the English text being authoritative, at the Peace Palace, The Hague, this twentieth day of January, two thousand and 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 Republic of Croatia and the Government of the Republic of Serbia, respectively.

(Signed) Rosalyn HIGGINS,
President.

(Signed) Philippe COUVREUR,
Registrar.
 

 
     

 

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