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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

Relevant factsFree

After the Socialist Federal Republic of Yugoslavia dissolved in 1992, the resulting Federal Republic of Yugoslavia (Serbia & Montenegro, plaintiff) had unclear United Nations membership status, with the Security Council and General Assembly passing non-binding resolutions stating it could not automatically continue the prior state's U.N. membership and instead needed to apply as a new member; Serbia & Montenegro filed suit with the ICJ in 1999 regarding NATO's use of force in Kosovo without ever having applied for U.N. membership, and only formally requested admission in October 2000, with the General Assembly admitting it as a new member on November 1, 2000, expressly noting it had considered that membership application in reaching its decision.

IssueFree

Whether a nation is a party to the Statute of the International Court of Justice if it is not a member of the United Nations.

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