Title: Message

Canada challenges World Court jurisdiction in suit over bombing of Yugoslavia

THE HAGUE, Netherlands (AP) - The International Court of Justice began hearings Monday to consider whether it has jurisdiction over claims by the former Yugoslavia against Canada and seven other NATO members for bombing the Balkan country during the 1999 Kosovo crisis.

In its original filing to the UN tribunal, also known as the World Court, Serbia and Montenegro, Yugoslavia's successor state, sought unspecified damages from 10 members of the NATO military alliance involved in the 78-day air campaign.

The bombing was intended to end a repressive campaign by Serbian forces under then-Yugoslav president Slobodan Milosevic against ethnic-Albanians in Kosovo, the country's southern province. But Belgrade said the bombing targeted Serb civilians.

Milosevic is being tried at another court in the Netherlands, the UN war crimes tribunal for the former Yugoslavia, for alleged war crimes in Kosovo, Croatia and Bosnia.

The NATO states - Belgium, Canada, France, Germany, Italy, the Netherlands, Portugal and the United Kingdom - contest the court's jurisdiction. Initial charges against Spain and the United States have been dropped.

Each country will present oral arguments at the court, beginning with Belgium.

Belgium's lawyer, Jan Devadder, argued that "there is no longer a dispute between the countries" and "invited the court to discontinue the case on all grounds."

 
In Belgrade, Serbia-Montenegro Foreign Minister Vuk Draskovic said his country would be willing to drop its charges against NATO if Croatia and Bosnia do the same with their genocide charges at the world court against Serbia-Montenegro.

"We and Croatia and Bosnia want to be a part of Europe, and we cannot do it through charges," Draskovic said. "We also cannot build partnership relations with NATO via charges."

In 1999, by 14 votes to one, the 15-member world court rejected Serbia and Montenegro's request that it order NATO to end the bombing in Kosovo.

Serbia and Montenegro claims the NATO countries broke obligations under international law not to use force against another state and the international convention against genocide.

"In bombing the Federal Republic of Yugoslavia, military and civilian targets were attacked," it argued in court documents. "Great number of people were killed, including a great many civilians. Residential houses came under attack."

The NATO countries destroyed the country's infrastructure, including "schools, hospitals, radio and television stations, cultural and health institutions and . . . places of worship," it said.

The International Court of Justice is the United Nation's highest legal body to resolve disputes between countries.

© The Canadian Press, 2004
http://www.mytelus.com/news/article.do?pageID=world_home&articleID=1587787


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