Are There Exceptions to the Jus standi Requirement Before the International Courts of Justice? A Critical Appraisal of the Judgement in Croatia/Serbia Case
Are There Exceptions to the Jus standi Requirement Before the International Courts of Justice? A Critical Appraisal of the Judgement in Croatia/Serbia Case

Author(s): Milenko Kreća
Subject(s): Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Jus standi;International Court of Justice;Croatia/FRY/Serbia case;
Summary/Abstract: The author discusses the interpretation of jus standi requirement by the International Court of Justice in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. FR of Yugoslavia/Serbia). He finds out that the position of the Court in that regard taken in Case regarding legality of Use of Force instituted by FR Yugoslavia against ten NATO members is in sharp contradiction to its position in Croatia/FRY/Serbia case. In the later judgment the Court, in fact, has formulated an exception to the jus standi requirement on the basis of combined effects of the few considerations:a) The so-called Mavrommatis rule;b) Principle of sound administration of justice;c) Principle competence de la competence, and d) Seisinof the Court.The author comes to the conclusion that none of the arguments forwarded is not capable to serve as the basis for the exception to the mandatory requirement of jus standi and that, accordingly, the position of the Court in Croatia/Serbia Case seems dictated by extra-legal consideration.

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