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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

Written by Megan Petersen, JD

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

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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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