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Legality of Use of Force, Serbia and Montenegro v Federal Republic of Germany, Judgment, Preliminary Objections, ICJ GL No 108, [2004] ICJ Rep 720, ICGJ 39 (ICJ 2004), 15th December 2004, International Court of Justice [ICJ]



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  • International Humanitarian Law
  • Use of Force, War, Peace and Neutrality
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Whether Serbia and Montenegro was entitled under Article 35(1) of the Statute of the International Court of Justice to have the Court hear its Application, considering that the its predecessor state (the Federal Republic of Yugoslavia) was not the continuator state to the Socialist Federal Republic of Yugoslavia, and thus not unambiguously a member of the United Nations or party to the Statute on 29 April 1999 when it filed its Application.

Whether the Court had jurisdiction to hear the complaint under Article 35(2) of the Statute, considering that Yugoslavia was not a party to a jurisdiction–conferring treaty which was in force when the Statute entered into force on 24 October 1945.

Keywords: International courts and tribunals, jurisdiction; International courts and tribunals, procedure; Retroactivity; State succession; State succession, international agreements; States, formation, continuity, extinction; Travaux préparatoires; Treaties, entry into force; Treaties, interpretation

Legal Material.  65255 words. 

Subjects: International Humanitarian Law ; Use of Force, War, Peace and Neutrality ; Public International Law ; International Law ; Law

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