NEWS RELEASES
AXWORTHY WELCOMES JUDGMENT BY INTERNATIONAL COURT OF JUSTICE
June 2, 1999 No. 126
AXWORTHY WELCOMES JUDGMENT BY
INTERNATIONAL COURT OF JUSTICE
Foreign Affairs Minister Lloyd Axworthy today welcomed the judgment of the International Court of
Justice (ICJ) rejecting the application by the Federal Republic of Yugoslavia, which had sought
provisional measures ordering Canada and nine other NATO members to cease and refrain from
the use of force in its territory.
"The Federal Republic of Yugoslavia's April 29 application was an attempt to seek protection from
the consequences of its own crimes against humanity," said Mr. Axworthy. "With the Court's rejection
of this application, Yugoslavia should now understand that the only way to bring an end to the tragic
situation in Kosovo is to accept the conditions the international community has established."
In a majority decision of 12 to 4, the Court refused to recommend "provisional measures" against
Canada and the nine other NATO states (Belgium, France, Germany, Italy, the Netherlands,
Portugal, Spain, the United Kingdom and the United States) against which Yugoslavia brought its
action. The Court decided that it does not have jurisdiction because Yugoslavia's acceptance of the
ICJ's jurisdiction was filed after the dispute in question arose. It also found that, contrary to
Yugoslavia's claim, NATO's use of force did not constitute genocide.
"We are pleased that a large majority of the judges rejected this attempt by Yugoslavia to use the
Court to achieve a political goal, and to avoid its own responsibility in doing what is necessary to
bring an end to what the Court termed 'the enormous suffering in Kosovo,'" said Mr. Axworthy. He
added, "Yugoslavia should demonstrate its respect for international law by co-operating with the
other court in The Hague, the International Criminal Tribunal for Yugoslavia."
Canada's case was presented by Philippe Kirsch, Legal Adviser for the Department of Foreign
Affairs and International Trade. Former Canadian cabinet minister Marc Lalonde sat as Judge ad
hoc in the case.
The Canadian Government will assess what steps to take next once it becomes clear whether
Yugoslavia has decided to proceed with the case, which remains on the Court's docket.
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For further information, media representatives may contact:
Debora Brown
Office of the Minister of Foreign Affairs
(613) 995-1851
Media Relations Office
Department of Foreign Affairs and International Trade
(613) 995-1874
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