REQUEST FOR THE INDICATION OF PROVISIONAL MEASURES OF PROTECTION 8UBWITPED 3Y THE GOVERNMEHT OF THE RFPUBLIC OF BOSNIA AND HERZEGOVINA To His Excellency the President, to the Judges of the International court of Justice, the undersigned being duly authorized by the Repubaie of r os nia and Her~egovina: 1 have the honor ta refer ta the Application submitted to the Court on 20 March 1993 instituting proceedings by Bosnia and Herzegavina against Yugoslavia (Serbia and Montenegro) in the case of the Application of the Convention on the Prevention and punishment of the Crime of Genocide (Bosnia and Rerzesovina v. Yuboslavia (~erbiaand Montenesroll, and to the Order of this court in that case which was dated 8 April 1993, ,, granting provisional measures on our behalf. On behalf of Bosnla and Herzegovina, I hereby request.urgently, in accordance with Article 41 of the Statute of this Court and Articles 73, 74, and 75 of the Rules of Court, that the Court indlcate additional provisional measures of protection immediately, which aught tu be taken Eorthwith to preserve the rights of the People and State of Bosnia and Herzegovina pnding the detemination of the issues raised by our Application. This extraordinary step is being taken because the Respondent has violated each and everyone of the three measures of protection on behalf of Bosnia and Herzegovina that were indicated bythis Court on 8 April 1993, to the grave detriment of both the People &nd State of Bosnka and Herzegovina. In addition to continuing its campaign of genocide against the Bosnian People-- whether Muslim, Christian, Jew, Croat or Serb--the Respondent is now planning, preparing, conspiring to, proposing, and negotiating the partition, dismemberment, annexation and incorporation of the sovereign state of Bosnia and Herzegovina--a Membes of the United Nations Organization--by means of genocide. After the Court issued its Order in the late afternoon of 8 April 1993, the President of the Court convened a meeting with me and the Acting Agents for the Respondent with the ~egistraref the Court in attendance pursuant to Article 31 of the Rules of Court. At that time, 1 stated quite clearly that in the event the . Respondent continued with its carnpaign of genocide and extermination against the . People and State of Boçnia and Herzegovina, 1 would have no alternative but to return to the Court with another Request for additional provisional measures on behalf of the Applicant and its citizens. If 1 remember correctly, the President of the Court took note of my Statement. For reasons that will be explained in more detail belaw, the time has now corne for me to carry out that cornitment, In the recent past this Court has emphasized that a Request for the indication of provisional measures "rnuçt by its very nature relate to the substance of the case since, as Article 41 [of the Statute] expressly states, their object is to preserve the res'pective rights of either partyw (United States Di~lomaticand Consular Staff in Tehran, Provisional MeasUres, I.C.J. Reports 1979, p. 16, para. 28) : Article 41 1. The Court sha11.' have the power to indicate, if it considers that circumstances so require, anv provisional measures which ought to be taken to preserve the respective rishts of either partv. .... [Emphasis added.] This Request for additional measures of protection is motivated by the desire to have the Court protect the "rightsW of the People and State of Bosnia and Herzegovina. Moreover, this Request for additional measures of protection is also motivated by the desire to have the Court protect the very existence of the People and State of Bosnia and Herzegovina from extermination by means of genocide, partition, dismemberment, annexation and incorporation by the Respondent. Since the Court has the legal power to protect the ggrightsuof Bosnia and Herzegovina, then a fortiori the Court must have the legal power to protect Bosnia and ~erzegovina&self. The sovereign right of the People and State of Bosnia and Herzegovina to their independent existence as a Member State of the United Nations Organization must certainly be among the "rightsW that the Court can protect under Article 41 of the Statute, which is Ilan integral partw of the'U.N. Charter under article 92 thereof. In essence, 1 am today asking the Court to act under Statute . Article 41 in order to protect the very existence of a State Member of the United Nations which is also a "partyglto a case that is currently pending before the Court from physical mutilation then total annihilation by the other "partytgto that same case. The word "anyu found in Article 41 indicates that the Court has the power to protect Bosnia and Herzegovina by al1 means possible from genocide, extermination, partition, dismemberment, annexation, incorporation, and ultimate destruction. ... A. * Com~ellina Circumstances ~e~uirinathe Indication of Additional Provisional Measures of Interim Protection. 1 hereby incorporate by reference the facts set.forth in Our Application and Request for Provisional Measures of 20 March 1993, as well as al1 subsequent facts submitted to the Court--both orally and in writing--through the closure of oral proceedings.on 2 April . 1993, as well as al1 factual determinations made by this Court in its Order of 8 April 199'3. In particular, 1 wish to draw to the attention of the Court Paragraph 48 of the Court's Order of 8 April 1993, which provides.in relevant part as follows: Il.. whereas from the information available to the Court it is satisfied that there is 'a grave risk of action being taken which may aggravate or extend the existing dispute over the prevention or punishment of the crime of genocide,.orrender it more difficult of solution; ...Il 1 hereby reaffirm and reassert each and every factual allegation and determination that has been set forth during the course of these proceedings as of 8 April 1993. Furthermore, the rapidly escalating human catastrophe in Bosnia and Herzegovina is so enormous, monstrous, and unacceptable that it cannot be adequately described in the Request as of todayfs date. Therefore, Bosnia and Herzegovina respectfully asks the Court to take judicial notice of the facts on the ground as they have developed and been reported by Organs of the United Nations, by foreign governments, and by reputable news media sources from 8 April 1993 up to and including when the Court finally deliberates upon this Request for the indication of additional provisional measures of protection. For the same reasons, 1 must hereby respectfully reserve the right to amend, supplement, or alter, this Request for additional provisional measures at any time. On 8 April 1993 the International Court of Justice issued the following Order of Provisional Measures in this case: n52. For these reasons, The COURT, Indicates, pending its final decision in the pr0ceeding.s instituted on 20 March 1993 by the Republic of Bosnia.and Herzegovina againstthe Federal Republic of Yugoslavia (Serbia and Montenegro) , the following provisional measures: A. (1) Unanimously, The Governinent of the Federal Republic of Yugoslavia (Serbia and Montenegro) should immediately, in pursuance of its undertaking in the Convention on the Prevention L and Punishment of the Crime of Genocide-of 9 December 1948, take al1 measures within its power to prevent' commission of the crime of genocide; (2) By 13 votes to 1, The Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) should in particular ensure that any military, paramilitary or irregular armed uriitswhich may be directed or supported by it, as well as any organizations and persons which 'may be subject to its control, direction, or influence, do not commit any acts of genocide, of conspiracy to commit genocide, of direct and public incitement to commit genocide; or of l complicity in genocide, whether directed against the Muslim population of Bosnia and Herzegavina or against any other national, ethnical, racial or religious group; .. B. Unanirnously, The Government of the Federal Republic of Yugoslavia (Çerbia and Nonlenegro) and the Government of the ~epublicof Bosnia and Herzegovina should not take any action and shauld ensure that no action is taken which may aggravate or' extend the existing dispute over the prevention or punishment of the crime of genocide, or render it more difficult of ~olution.~ Pursuant to its own tems, the Court directed that one original copy of its 8 April 1993 Order be transmitted IBtothe Secretary- General of the United Nations for transmission to the ~ecurity Council .qu Nevertheless, the Respondent paid absolutely no attention whatsoever to the Courtfs Order, and irnmediately proceeded to violate each and every one of its provisions, as will be demonstrated below in Section B. Furthemore, pursuant to its campaign of genocide against the People and State of Bosnia and Herzegovina, the Respondent is now proposing their partition, , dismemberment, annexation, and incorporatiop which will constitute the logical culmination and ultimate success of its genocidal plan ta establish a "Greater SerbiaM as explained in our 20 Mrch 1993 .Application and, in particular, Paragraphs 22 through 29, inter alia. If not prevented by this Court, the Respondent plans to annex and incorporate substantial postions of the sovereign territory of Bosnia and Herzegovina and to remove therefrorn al1 People who recognize Bosnian citizenship irrespective of their other affiliations-whether Muslim, Christian, Jew, Serb, Croat--by means of genocide and acts of genocide in violation of the 1948 Genocide Convention and this Court's Order of .8 April 1993. Clearly, the destruction of a sdverelgn nation state by means of genocide by another state must fa11 within the prohibitions of the Genocide convention to which both states are parties, The Respondentfs proposed partition of Bosnia and Herzegovina will be the prelude to the final extinction of our State and the ultimate extermination of our People.