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Serbia & Montenegro v. United Kingdom (Legality of Use of Force)

International Court of Justice, 2004
I.C.J. 2004 I.C.J 1307


Facts

The Socialist Federal Republic of Yugoslavia was a member of the United Nations, but was broken up in 1992. The Federal Republic of Yugoslavia (Serbia & Montenegro) emerged, but its status vis-à-vis the United Nations was unclear. In September 1992, the United Nations Security Council and the General Assembly passed resolutions that Serbia & Montenegro (plaintiff) could not automatically continue as a member of the United Nations, but rather should apply to become a new member. These resolutions were not binding. In 1999, Serbia & Montenegro, without having applied for United Nations membership, filed a petition with the International Court of Justice regarding the use of force in Kosovo. On October 27, 2000, the new president of Serbia & Montenegro formally requested admission into the United Nations. On November 1, 2000, the United Nations General Assembly, “[h]aving considered the application for membership” of Serbia & Montenegro, admitted the country into the United Nations.

Rule of Law

Issue

Holding and Reasoning

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