So, we urge the Applicant to live up to the obligations which that Convention entails. Mr. President, there is no dispute between ourselves and the Federal Republic of Yugoslavia that Article IX of the Genocide Convention is in force between us. The famous question of reservations to that provision does not arise in our case. But, as we have already pointed out yesterday, the Applicant has failed to establish, even prima facie, that the rights claimed fall under the purview of the Genocide Convention. Even if true, the alleged breaches by the Federal Republic of Germany, namely the obligation not to use force against another State, and all the other obligations listed in the submission of the Applicant, do not enter the definition of the Genocide Convention.
Genocide is the intended destruction of a national, ethnical, racial or religious group.
We have no such intentions. We feel obliged, as the other Respondents do, to stand in the way of such intentions. Mr. President, honourable Members of the Court, this morning documents by German authorities were mentioned regarding the issue of repatriating citizens of the Federal Republic of Yugoslavia whose claims for political asylum in Germany were denied. Let me inform the Court that since early September of last year no such repatriations to the territory of the Applicant have taken place. To sum up, Mr. President, honourable Members of the Court, the Federal Republic of Yugoslavia does not come to this Court with clean hands.