Međunarodni sud u Hagu za stranke ima države (ima naravno izuzetaka, ne mogu se sjetiti statusa npr. Palestine,).
Kada se Povelja UN pisala (a i danas je tako) države u međunarodnim odnosima su predstavljali pojedinci (monarhi, predsjednici ili premijeri). Mi smo kao i u svemu specijalan slučaj. Mi imamo specijalan ustav koji predsjedništvu kao kolektivnom organu daje ogromne ovlasti u predstavljanju države prema vani. A nemamo zakona koji bi direktno uređivao vanjsku politiku da spriječi slučajeve gdje članovi predsjeništva samostalno pišu pisma organu UN.
I zamislite Sud koji dobije različita pisma iz iste države od dva člana predsjedništva i jedno od ministra vanjskih poslova.
A da se ne zaboravi, i kao mali prilog raspravi:
18. By a letter dated 9 June 1999, the then Chairman of the Presidency of Bosnia and
Herzegovina, Mr. Zivko Radisić, informed the Court of the appointment of a Co-Agent,
Mr. Svetozar Miletić. By a letter dated 10 June 1999, the thus appointed Co-Agent informed the
Court that Bosnia and Herzegovina wished to discontinue the case. By a letter of 14 June 1999, the
Agent of Bosnia and Herzegovina asserted that the Presidency of Bosnia and Herzegovina had
taken no action to appoint a Co-Agent or to terminate the proceedings before the Court. By a letter
of 15 June 1999, the Agent of the FRY stated that his Government accepted the discontinuance of
the proceedings. By a letter of 21 June 1999, the Agent of Bosnia and Herzegovina reiterated that
the Presidency had not made any decision to discontinue the proceedings and transmitted to the
Court letters from two members of the Presidency, including the new Chairman of the Presidency,
confirming that no such decision had been made.
19. By letters dated 30 June 1999 and 2 September 1999, the President of the Court
requested the Chairman of the Presidency to clarify the position of Bosnia and Herzegovina
regarding the pendency of the case. By a letter dated 3 September 1999, the Agent of the FRY
submitted certain observations on this matter, concluding that there was an agreement between the
Parties to discontinue the case. By a letter dated 15 September 1999, the Chairman of the
Presidency of Bosnia and Herzegovina informed the Court that at its 58th session held on
8 September 1999, the Presidency had concluded that: (i) the Presidency “did not make a decision
to discontinue legal proceedings before the International Court of Justice”; (ii) the Presidency “did
not make a decision to name a Co-Agent in this case”; (iii) the Presidency would “inform [the
Court] timely about any further decisions concerning this case”.
20. By a letter of 20 September 1999, the President of the Court informed the Parties that the
Court intended to schedule hearings in the case beginning in the latter part of February 2000 and
requested the Chairman of the Presidency of Bosnia and Herzegovina to confirm that Bosnia and
Herzegovina’s position was that the case should so proceed. By a letter of 4 October 1999, the
Agent of Bosnia and Herzegovina confirmed that the position of his Government was that the case
should proceed and he requested the Court to set a date for the beginning of the oral proceedings as
soon as possible. By a letter dated 10 October 1999, the member of the Presidency of Bosnia and
Herzegovina from the Republika Srpska informed the Court that the letter of 15 September 1999
from the Chairman of the Presidency was “without legal effects” inter alia because the National
Assembly of the Republika Srpska, acting pursuant to the Constitution of Bosnia and Herzegovina,
had declared the decision of 15 September “destructive of a vital interest” of the Republika Srpska.
On 22 October 1999, the President informed the Parties that, having regard to the correspondence
received on this matter, the Court had decided not to hold hearings in the case in February 2000.
21. By a letter dated 23 March 2000 transmitting to the Court a letter dated 20 March 2000
from the Chairman of the Presidency, the Agent of Bosnia and Herzegovina reaffirmed that the
appointment of a Co-Agent by the former Chairman of the Presidency of Bosnia and Herzegovina
on 9 June 1999 lacked any legal basis and that the communications of the Co-Agent did not reflect
the position of Bosnia and Herzegovina. Further, the Agent asserted that, contrary to the claims of
the member of the Presidency of Bosnia and Herzegovina from the Republic of Srpska, the letter of
15 September 1999 was not subject to the veto mechanism contained in the Constitution of Bosnia
and Herzegovina. The Agent requested the Court to set a date for oral proceedings at its earliest
convenience.
23. By a letter dated 29 September 2000, Mr. Svetozar Miletić, who had purportedly been
appointed Co-Agent on 9 June 1999 by the then Chairman of the Presidency of Bosnia and
Herzegovina, reiterated his position that the case had been discontinued. By a letter dated
6 October 2000, the Agent of Bosnia and Herzegovina stated that this letter and the recent
communication from the Agent of the FRY had not altered the commitment of the Government of
Bosnia and Herzegovina to continue the proceedings.
24. By letters dated 16 October 2000 from the President of the Court and from the Registrar,
the Parties were informed that, at its meeting of 10 October 2000, the Court, having examined all
the correspondence received on this question, had found that Bosnia and Herzegovina had not
demonstrated its will to withdraw the Application in an unequivocal manner. The Court had thus
concluded that there had been no discontinuance of the case by Bosnia and Herzegovina.
Consequently, in accordance with Article 54 of the Rules, the Court, after having consulted the
Parties, would, at an appropriate time, fix a date for the opening of the oral proceedings.
Sud traži: "that Bosnia and Herzegovina had not
demonstrated its will to withdraw the Application in an unequivocal manner. "
Naravno, na Sudu je da odluči da li je potrebna nova punomoć agentu.