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Legality of Use of Force (Serbia and Montenegro v. Belgium)

International Court of Justice

Oral Proceedings (1999)

Facts

Serbia (plaintiff) filed an action against the Kingdom of Belgium and other North Atlantic Treaty Organization (NATO) member states (collectively, Belgium) (defendants) for a series of bombings. The bombs targeted the Federal Republic of Yugoslavia and were contained to a military base. Belgium claimed that it had engaged in lawful armed intervention because the United Nations Security Council had declared that the Federal Republic of Yugoslavia posed an imminent danger to international peace and sought to deprive the Kosovo people of their jus cogens rights, which constituted a humanitarian catastrophe. Belgium further asserted the defense of necessity pursuant to Article 25 of the Draft Articles on State Responsibility. The International Court of Justice considered the case.

Rule of Law

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Issue

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Holding and Reasoning

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A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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