International Court of Justice — Jurisdiction — Provisional measures — Prima facie basis for jurisdiction — Declarations under Article 36(2) of Statute of International Court of Justice — Condition of reciprocity — Temporal limitation — Convention on the Prevention and Punishment of the Crime of Genocide, 1948, Article IX — Whether threat or use of force against a State amounting to genocide — Whether necessary element of intent towards defined group — Whether Serbia and Montenegro party to the Genocide Convention at relevant date — Whether Genocide Convention a treaty in force under Article 35(2) of the Statute of the Court — Article 4 of Belgium–Yugoslavia Convention of Conciliation, Judicial Settlement and Arbitration, 1930 — Whether invoking new basis of jurisdiction at late stage acceptable

Treaties — Application — Convention on the Prevention and Punishment of the Crime of Genocide, 1948 — Definition of genocide contained in Article II of Genocide Convention — Whether intended destruction of a national, ethnical, racial or religious group — Whether threat or use of force against a State constituting an act of genocide

International organizations — United Nations — Membership — Yugoslavia — Status of Yugoslavia between 1992 and 2000 — Whether Member of the United Nations — Whether party to Statute of International Court of Justice — Whether Yugoslavia having access to Court under Article 35(1) of Statute — Whether Yugoslavia having access to Court under Article 35(2) of Statute

State succession — Succession and continuity of States — Socialist Federal Republic of Yugoslavia — Whether Serbia and Montenegro continuation of the former Socialist Federal Republic of Yugoslavia — Membership of the United Nations — Whether Yugoslavia party to Statute of International Court of Justice — Treaty obligations of the former Yugoslavia

War and armed conflict — NATO bombing of Yugoslavia — NATO Respondent States claiming humanitarian intervention — Loss of life and suffering in Kosovo — Whether NATO Respondent States violating obligation not to use force — Maintenance of peace and security — Role of Security Council — Responsibilities of Court under United Nations Charter and Statute of Court — Obligations of Parties under Charter and other rules of international law including humanitarian law

International Court of Justice — Jurisdiction — Provisional measures — Prima facie basis for jurisdiction — Declarations under Article 36(2) of Statute of International Court of Justice — Condition of reciprocity — Temporal limitation — Convention on the Prevention and Punishment of the Crime of Genocide, 1948, Article IX — Whether threat or use of force against a State amounting to genocide — Whether necessary element of intent towards defined group — Whether Serbia and Montenegro party to the Genocide Convention at relevant date — Whether Genocide Convention a treaty in force under Article 35(2) of the Statute of the Court

Treaties — Application — Convention on the Prevention and Punishment of the Crime of Genocide, 1948 — Definition of genocide contained in Article II of Genocide Convention — Whether intended destruction of a national, ethnical, racial or religious group — Whether threat or use of force against a State constituting an act of genocide

International organizations — United Nations — Membership — Yugoslavia — Status of Yugoslavia between 1992 and 2000 — Whether Member of the United Nations — Whether party to Statute of International Court of Justice — Whether Yugoslavia having access to Court under Article 35(1) of Statute — Whether Yugoslavia having access to Court under Article 35(2) of Statute

State succession — Succession and continuity of States — Socialist Federal Republic of Yugoslavia — Whether Serbia and Montenegro continuation of the former Socialist Federal Republic of Yugoslavia — Membership of the United Nations — Whether Yugoslavia party to Statute of International Court of Justice — Treaty obligations of the former Yugoslavia

War and armed conflict — NATO bombing of Yugoslavia — NATO Respondent States claiming humanitarian intervention — Loss of life and suffering in Kosovo — Whether NATO Respondent States violating obligation not to use force — Maintenance of peace and security — Role of Security Council — Responsibilities of Court under United Nations Charter and Statute of Court — Obligations of Parties under Charter and other rules of international law including humanitarian law

International Court of Justice — Jurisdiction — Provisional measures — Prima facie basis for jurisdiction — Convention on the Prevention and Punishment of the Crime of Genocide, 1948, Article IX — Whether threat or use of force against a State amounting to genocide — Whether necessary element of intent towards defined group — Whether Serbia and Montenegro party to the Genocide Convention at relevant date — Whether Genocide Convention a treaty in force under Article 35(2) of the Statute of the Court

Treaties — Application — Convention on the Prevention and Punishment of the Crime of Genocide, 1948 — Definition of genocide contained in Article II of Genocide Convention — Whether intended destruction of a national, ethnical, racial or religious group — Whether threat or use of force against a State constituting an act of genocide

International organizations — United Nations — Membership — Yugoslavia — Status of Yugoslavia between 1992 and 2000 — Whether Member of the United Nations — Whether party to Statute of International Court of Justice — Whether Yugoslavia having access to Court under Article 35(1) of Statute — Whether Yugoslavia having access to Court under Article 35(2) of Statute

State succession — Succession and continuity of States — Socialist Federal Republic of Yugoslavia — Whether Serbia and Montenegro continuation of the former Socialist Federal Republic of Yugoslavia — Membership of the United Nations — Whether Yugoslavia party to Statute of International Court of Justice — Treaty obligations of the former Yugoslavia

War and armed conflict — NATO bombing of Yugoslavia — NATO Respondent States claiming humanitarian intervention — Loss of life and suffering in Kosovo — Whether NATO Respondent States violating obligation not to use force — Maintenance of peace and security — Role of Security Council — Responsibilities of Court under United Nations Charter and Statute of Court — Obligations of Parties under Charter and other rules of international law including humanitarian law

International Court of Justice — Jurisdiction — Provisional measures — Prima facie basis for jurisdiction — Convention on the Prevention and Punishment of the Crime of Genocide, 1948, Article IX — Whether threat or use of force against a State amounting to genocide — Whether necessary element of intent towards defined group — Whether Serbia and Montenegro party to the Genocide Convention at relevant date — Whether Genocide Convention a treaty in force under Article 35(2) of the Statute of the Court

Treaties — Application — Convention on the Prevention and Punishment of the Crime of Genocide, 1948 — Definition of genocide contained in Article II of Genocide Convention — Whether intended destruction of a national, ethnical, racial or religious group — Whether threat or use of force against a State constituting an act of genocide

International organizations — United Nations — Membership — Yugoslavia — Status of Yugoslavia between 1992 and 2000 — Whether Member of the United Nations — Whether party to Statute of International Court of Justice — Whether Yugoslavia having access to Court under Article 35(1) of Statute — Whether Yugoslavia having access to Court under Article 35(2) of Statute

State succession — Succession and continuity of States — Socialist Federal Republic of Yugoslavia — Whether Serbia and Montenegro continuation of the former Socialist Federal Republic of Yugoslavia — Membership of the United Nations — Whether Yugoslavia party to Statute of International Court of Justice — Treaty obligations of the former Yugoslavia

War and armed conflict — NATO bombing of Yugoslavia — NATO Respondent States claiming humanitarian intervention — Loss of life and suffering in Kosovo — Whether NATO Respondent States violating obligation not to use force — Maintenance of peace and security — Role of Security Council — Responsibilities of Court under United Nations Charter and Statute of Court — Obligations of Parties under Charter and other rules of international law including humanitarian law

International Court of Justice — Jurisdiction — Provisional measures — Prima facie basis for jurisdiction — Convention on the Prevention and Punishment of the Crime of Genocide, 1948, Article IX — Whether threat or use of force against a State amounting to genocide — Whether necessary element of intent towards defined group — Whether Serbia and Montenegro party to the Genocide Convention at relevant date — Whether Genocide Convention a treaty in force under Article 35(2) of the Statute of the Court

Treaties — Application — Convention on the Prevention and Punishment of the Crime of Genocide, 1948 — Definition of genocide contained in Article II of Genocide Convention — Whether intended destruction of a national, ethnical, racial or religious group — Whether threat or use of force against a State constituting an act of genocide

International organizations — United Nations — Membership — Yugoslavia — Status of Yugoslavia between 1992 and 2000 — Whether Member of the United Nations — Whether party to Statute of International Court of Justice — Whether Yugoslavia having access to Court under Article 35(1) of Statute — Whether Yugoslavia having access to Court under Article 35(2) of Statute

State succession — Succession and continuity of States — Socialist Federal Republic of Yugoslavia — Whether Serbia and Montenegro continuation of the former Socialist Federal Republic of Yugoslavia — Membership of the United Nations — Whether Yugoslavia party to Statute of International Court of Justice — Treaty obligations of the former Yugoslavia

War and armed conflict — NATO bombing of Yugoslavia — NATO Respondent States claiming humanitarian intervention — Loss of life and suffering in Kosovo — Whether NATO Respondent States violating obligation not to use force — Maintenance of peace and security — Role of Security Council — Responsibilities of Court under United Nations Charter and Statute of Court — Obligations of Parties under Charter and other rules of international law including humanitarian law

International Court of Justice — Jurisdiction — Provisional measures — Prima facie basis for jurisdiction — Declarations under Article 36(2) of Statute of International Court of Justice — Condition of reciprocity — Temporal limitation — Convention on the Prevention and Punishment of the Crime of Genocide, 1948, Article IX — Whether threat or use of force against a State amounting to genocide — Whether necessary element of intent towards defined group — Whether Serbia and Montenegro party to the Genocide Convention at relevant date — Whether Genocide Convention a treaty in force under Article 35(2) of the Statute of the Court — Article 4 of Netherlands–Yugoslavia Convention of Conciliation, Judicial Settlement and Arbitration, 1931 — Whether invoking new basis of jurisdiction at late stage acceptable

Treaties — Application — Convention on the Prevention and Punishment of the Crime of Genocide, 1948 — Definition of genocide contained in Article II of Genocide Convention — Whether intended destruction of a national, ethnical, racial or religious group — Whether threat or use of force against a State constituting an act of genocide

International organizations — United Nations — Membership — Yugoslavia — Status of Yugoslavia between 1992 and 2000 — Whether Member of the United Nations — Whether party to Statute of International Court of Justice — Whether Yugoslavia having access to Court under Article 35(1) of Statute — Whether Yugoslavia having access to Court under Article 35(2) of Statute

State succession — Succession and continuity of States — Socialist Federal Republic of Yugoslavia — Whether Serbia and Montenegro continuation of the former Socialist Federal Republic of Yugoslavia — Membership of the United Nations — Whether Yugoslavia party to Statute of International Court of Justice — Treaty obligations of the former Yugoslavia

War and armed conflict — NATO bombing of Yugoslavia — NATO Respondent States claiming humanitarian intervention — Loss of life and suffering in Kosovo — Whether NATO Respondent States violating obligation not to use force — Maintenance of peace and security — Role of Security Council — Responsibilities of Court under United Nations Charter and Statute of Court — Obligations of Parties under Charter and other rules of international law including humanitarian law

International Court of Justice — Jurisdiction — Provisional measures — Prima facie basis for jurisdiction — Declarations under Article 36(2) of Statute of International Court of Justice — Condition of reciprocity — Temporal limitation — Convention on the Prevention and Punishment of the Crime of Genocide, 1948, Article IX — Whether threat or use of force against a State amounting to genocide — Whether necessary element of intent towards defined group — Whether Serbia and Montenegro party to the Genocide Convention at relevant date — Whether Genocide Convention a treaty in force under Article 35(2) of the Statute of the Court

Treaties — Application — Convention on the Prevention and Punishment of the Crime of Genocide, 1948 —Definition of genocide contained in Article II of Genocide Convention — Whether intended destruction of a national, ethnical, racial or religious group — Whether threat or use of force against a State constituting an act of genocide

International organizations — United Nations — Membership — Yugoslavia — Status of Yugoslavia between 1992 and 2000 — Whether Member of the United Nations — Whether party to Statute of International Court of Justice — Whether Yugoslavia having access to Court under Article 35(1) of Statute — Whether Yugoslavia having access to Court under Article 35(2) of Statute

State succession — Succession and continuity of States — Socialist Federal Republic of Yugoslavia — Whether Serbia and Montenegro continuation of the former Socialist Federal Republic of Yugoslavia — Membership of the United Nations — Whether Yugoslavia party to Statute of International Court of Justice— Treaty obligations of the former Yugoslavia

War and armed conflict — NATO bombing of Yugoslavia — NATO Respondent States claiming humanitarian intervention — Loss of life and suffering in Kosovo — Whether NATO Respondent States violating obligation not to use force — Maintenance of peace and security — Role of Security Council — Responsibilities of Court under United Nations Charter and Statute of Court — Obligations of Parties under Charter and other rules of international law including humanitarian law

International Court of Justice — Provisional measures — Prima facie basis for jurisdiction — Declarations under Article 36(2) of Statute of International Court of Justice — Reservations — Reservation excluding jurisdiction where applicant State had made declaration less than twelve months before filing application — Convention on the Prevention and Punishment of the Crime of Genocide, 1948, Article IX — Reservation to Article IX

Treaties — Application — Convention on the Prevention and Punishment of the Crime of Genocide, 1948 — Definition of genocide contained in Article II of Genocide Convention — Whether intended destruction of a national, ethnical, racial or religious group — Whether threat or use of force against a State constituting an act of genocide

International organizations — United Nations — Membership — Yugoslavia — Status of Yugoslavia between 1992 and 2000 — Whether Member of the United Nations — Whether party to Statute of International Court of Justice — Whether Yugoslavia having access to Court under Article 35(1) of Statute — Whether Yugoslavia having access to Court under Article 35(2) of Statute

State succession — Succession and continuity of States — Socialist Federal Republic of Yugoslavia — Whether Serbia and Montenegro continuation of the former Socialist Federal Republic of Yugoslavia — Membership of the United Nations — Whether Yugoslavia party to Statute of International Court of Justice — Treaty obligations of the former Yugoslavia

War and armed conflict — NATO bombing of Yugoslavia — NATO Respondent States claiming humanitarian intervention — Loss of life and suffering in Kosovo — Whether NATO Respondent States violating obligation not to use force — Maintenance of peace and security — Role of Security Council — Responsibilities of Court under United Nations Charter and Statute of Court — Obligations of Parties under Charter and other rules of international law including humanitarian law

International Court of Justice — Jurisdiction — Provisional measures — Prima facie basis for jurisdiction — Declarations under Article 36(2) of Statute of International Court of Justice — Reservations — Reservation excluding jurisdiction where applicant State had made declaration less than twelve months before filing application — Convention on the Prevention and Punishment of the Crime of Genocide, 1948, Article IX — Whether threat or use of force against a State amounting to genocide — Whether necessary element of intent towards defined group — Whether Serbia and Montenegro party to the Genocide Convention at relevant date — Whether Genocide Convention a treaty in force under Article 35(2) of the Statute of the Court

Treaties — Application — Convention on the Prevention and Punishment of the Crime of Genocide, 1948 — Definition of genocide contained in Article II of Genocide Convention — Whether intended destruction of a national, ethnical, racial or religious group — Whether threat or use of force against a State constituting an act of genocide

International organizations — United Nations — Membership — Yugoslavia — Status of Yugoslavia between 1992 and 2000 — Whether Member of the United Nations — Whether party to Statute of International Court of Justice — Whether Yugoslavia having access to Court under Article 35(1) of Statute — Whether Yugoslavia having access to Court under Article 35(2) of Statute

State succession — Succession and continuity of States — Socialist Federal Republic of Yugoslavia — Whether Serbia and Montenegro continuation of the former Socialist Federal Republic of Yugoslavia — Membership of the United Nations — Whether Yugoslavia party to Statute of International Court of Justice — Treaty obligations of the former Yugoslavia

War and armed conflict — NATO bombing of Yugoslavia — NATO Respondent States claiming humanitarian intervention — Loss of life and suffering in Kosovo — Whether NATO Respondent States violating obligation not to use force — Maintenance of peace and security — Role of Security Council — Responsibilities of Court under United Nations Charter and Statute of Court — Obligations of Parties under Charter and other rules of international law including humanitarian law

International Court of Justice — Provisional measures — Prima facie basis for jurisdiction — Convention on the Prevention and Punishment of the Crime of Genocide, 1948, Article IX — Reservation to Article IX

Treaties — Application — Convention on the Prevention and Punishment of the Crime of Genocide, 1948 — Reservations — Reservation to Article IX of the Genocide Convention

International organizations — United Nations — Membership — Yugoslavia — Status of Yugoslavia between 1992 and 2000 — Whether Member of the United Nations — Whether party to Statute of International Court of Justice — Whether Yugoslavia having access to Court under Article 35(1) of Statute — Whether Yugoslavia having access to Court under Article 35(2) of Statute

State succession — Succession and continuity of States — Socialist Federal Republic of Yugoslavia — Whether Serbia and Montenegro continuation of the former Socialist Federal Republic of Yugoslavia — Membership of the United Nations — Whether Yugoslavia party to Statute of International Court of Justice — Treaty obligations of the former Yugoslavia

War and armed conflict — NATO bombing of Yugoslavia — NATO Respondent States claiming humanitarian intervention — Loss of life and suffering in Kosovo — Whether NATO Respondent States violating obligation not to use force — Maintenance of peace and security — Role of Security Council — Responsibilities of Court under United Nations Charter and Statute of Court — Obligations of Parties under Charter and other rules of international law including humanitarian law

Arbitration — Jurisdiction — Admissibility — Costs — Assessment of evidence — Scientific evidence

Environment — Principles of customary international environmental law — Relevance to interpretation and application of treaty on use of river waters — Effect of hydro-electric plant on downstream use of river waters

Rivers — Legal regulation — Indus Waters Treaty, 1960 — Hydro-electric plant — Whether State constructing plant entitled to divert waters from one tributary of river to another — Whether such diversion necessary — Limits on right of diversion — Duty to preserve minimum flow for benefit of downstream use by other State

Treaties — Interpretation — Principles of interpretation — Object and purpose of treaty — Need to interpret provisions of the treaty in mutually reinforcing fashion — Relevance of contemporary customary international law to interpretation of 1960 treaty — Environmental law — Application — Duty to apply treaty in good faith