| III. | The International Court of Justice |
| 1. | FUNDAMENTAL PRINCIPLES |
| 1.3. | Equality of Parties |
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Application of the Convention
on the Prevention and Punishment
of the Crime of Genocide,
Provisional Measures,
Order of 13 September 1993,
I.C.J. Reports 1993, p.
[pp. 336-337] 20. Whereas, during the oral proceedings, the Agent of
Bosnia-Herzegovina presented to the Court a further written communication, dated
25 August 1993, directed to supplementing and amending the second request for
provisional measures and the Application instituting proceedings; whereas at the
hearing of 26 August 1993 counsel for Yugoslavia protested at "the unending
flood of sometimes heavy documentation" from the Agent of
Bosnia-Herzegovina, and asked the Court to declare the communication of 25
August 1993 inadmissible; and whereas on 26 August 1993 the Agent of
Bosnia-Herzegovina presented to the Court a further written communication
supplementing the second request;
21. Whereas the submission by the Applicant of a series of documents, up to
the eve of, and even during, the oral proceedings, in the circumstances set out
in paragraphs 14 and 20 above, is difficult to reconcile with an orderly
progress of the procedure before the Court, and with respect for the principle
of equality of the Parties; whereas however Article 74, paragraph 3, of the
Rules of Court provides that "The Court shall receive and take into account
any observations that may be presented to it before the closure of the oral
proceedings"; whereas the Court, taking into account the urgency and the
other circumstances of the matter, considers it possible to receive the
documents in question as being in this case "observations" under that
provision to the extent that they relate to the requests for the indication of
provisional measures;
