World Court Digest

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III.	The International Court of Justice
2.	THE JURISDICTION OF THE INTERNATIONAL COURT OF JUSTICE
2.6.	Agreement in Regard to Jurisdiction in the Course of the Proceedings

¤ Legality of Use of Force
(Yugoslavia v. France),
Request for the Indication
of Provisional Measures,
Order of 2 June 1999

[pp. ] 29. Whereas in its Application Yugoslavia claims, in the second place, to found the jurisdiction of the Court an Article 38, paragraph 5, of the Rules of Court, which reads as follows:

"5. When the applicant State proposes to found the jurisdiction of the Court upon a consent thereto yet to be given or manifested by the State against which such application is made, the application shall be transmitted to that State. It shall not however be entered in the General List, nor any action be taken in the proceedings, unless and until the State against which such application is made consents to the Court's jurisdiction for the purposes of the case";

30. Whereas France contends that Article 38, paragraph 5, of the Rules of Court is without effect, because France does not accept the jurisdiction of the Court in this case;

31. Whereas it is quite clear that, in the absence of consent by France, given pursuant to Article 38, paragraph 5, of the Rules, the Court cannot exercise jurisdiction in the present case, even prima facie;¹

1	See, mutatis mutandis, Orders of 2 June 1999, Legality of Use of Force, Yugoslavia v. Germany (§§ 29-31), Yugoslavia v. Italy (§§ 29-31), Yugoslavia v. Spain (§ 34), Yugoslavia v. United States of America (§§ 26-28).

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