In the previous article on this subject, note was taken129 of the decision, in the proceedings on the request for provisional measures in the case of Application of the Genocide Convention brought by Bosnia and Herzegovina against Serbia,130 concerning Article 35 of the Statute. That article provides (in paragraph 1) that ‘The Court shall be open to the states parties to the present Statute’. It would not normally be to be expected that there should be any doubt whether a given State was or was not a party to the Statute; nevertheless, for reasons explained in the...
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