СЛУЧАЈ "СРБИЈА И ЦРНА ГОРА ПРОТИВ БЕЛГИЈЕ" ПРЕД МЕЂУНАРОДНИМ СУДОМ ПРАВДЕ
CASE ,,SERBIA AND MONTENEGRO V. BELGIUM‘‘ BEFORE THE INTERNATIONAL COURT OF JUSTICE

Summary/Abstract: This paper analyses the decision of the International Court of Justice of 15 December 2004 in the case of the Federal Republic of Yugoslavia (Serbia and Montenegro) v. Belgium, as well as against other members of NATO, which on 24 March 1999 committed aggression against the Federal Republic of Yugoslavia. The key question treated by this Court was whether the Federal Republic of Yugoslavia was, at the moment of filling the complaint against Belgium and other members of NATO, a member of the UN and, on the basis of this membership, a contracting party of the Statute of the International Court of Justice. Without this membership there is no right of accessing the Statute (locus standi in iudicio) on the basis of the Article 35 of this Statute. The author shows that by the 2000 there were justified legal reasons in the opinion of the General Secretary of the UN and its other bodies that FRY was a member of the UN and that its rights in the General Assembly were only suspended. Even after two years after the acceptance of membership of FRY in the UN as the new state, the International Criminal Court for the former Yugoslavia also concluded that from 1992 to 2000 FRY was a factual member of the UN. On the basis of this, the author concludes the request for membership of FRY in the UN as the new state should not have been submitted in November 2000. Instead, only the revocation of suspension of FRY's membership rights in the General Assembly should have been requested.

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