DECLARATION OF JUDGE SALAM Agreement with the stated principles of evidence in reparations proceedings ⎯ Disagreement with the Court in the application of those principles ⎯ Rigidity and excessive formalism of the Court in the assessment of evidence submitted by the DRC ⎯ Indistinct and insufficiently justified reparation method. 1.
SEPARATE OPINION OF JUDGE ROBINSON The Court’s award of US$225 million for damage to persons Questions raised about the Court’s reasoning in arriving at that figure The Court’s reliance on the EECC Award The Court’s approach to and the application of the principle of equitable considerations. Standard of proof at the reparations phase The Court’s failure to apply the lower standard applicable at the reparations phase. 1.
SEPARATE OPINION OF JUDGE YUSUF Disagreement with reasoning leading to determination of amounts of compensation —Disagree also with radical reversal of burden of proof — It requires Uganda to prove double negative fact with respect to injuries in Ituri — A requirement not supported by practice of the Court — Also, inconsistent with nature of duty of vigilance incumbent upon occupying Power as obligation of conduct — Determination of “global sums” by reference to equitable considerations and “range of possibilities indicated by evidence” leaves much to be desired — Equitable considerations n
DECLARATION OF JUDGE TOMKA The Court and armed conflicts Task of the Court in the present phase of the proceedings Compensation awarded not commensurate with extent of damage suffered by the DRC as a result of Uganda’s serious violations of international law. Article 56 of the Statute of the Court Insufficiency of reasons provided by the Court for the amounts awarded. Payment of compensation by instalments over five-year period Post-judgment interest Date from which post-judgment interest accrues Failure to protect value of compensation awarded.
Annex 1
INTERVIEW TO THE AGENT OF NICARAGUA (2 FEBRUARY 2021)
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Page 16 of 28
Interview with Doctor Carlos Arguello:
Why is the Law that Declares and Defines the Biosphere Reserve of the
57
List of Annexes
1. Audio and Video Material*
Annex 1 Video Material Event M/V “Observer”, 11 December 2018 (before
dawn):
a First Video
b Second Video
Annex 2 Video Material Event M/V “Observer”, Colombian perspective of
the Nicaraguan towing manoeuvre, 11 December 2018 (early
morning after dawn):
a First Video
b Second Video
Annex 3 Video Material Event M/V “Observer”, recapture of the M/V
“Observer” by the Nicaraguan Naval Force, 11 December 2018
(late morning):
ANNEX 1
Diplomatic Note MRE/VM-AMM/DGAJST/1545/11/18 dated 15
November 2018
Seal of the Republic of Nicaragua, Central America
Ministry of Foreign Affairs
Managua, Nicaragua
MRE/VM-AMM/DGAJST-JS/1545/11/18
TO THE EMBASSY OF THE REPUBLIC OF COLOMBIA IN NICARAGUA
We greet you on the occasion of referring to the reiterated behavior of the Government and
Army of the Republic of Colombia that obstructs boats authorized by Nicaragua to carry out
their work in maritime spaces under Nicaraguan jurisdiction acknowledged as such by the
DECLARATION OF JUDGE IWASAWA
Article 4 of CERD requires that measures to eradicate incitement to racial hatred and discrimination must be adopted “with due regard to the principles of the Universal Declaration of Human Rights”, including freedom of expression The Parties were engaged in large-scale hostilities in their recent history Statements made by organizations and private persons need to be understood in this context.
DECLARATION OF JUDGE AD HOC KEITH
No request for repatriation of detainees in Armenia’s Application Plausibility of right to cultural property under CERD Risk of irreparable prejudice.
1. In this declaration, I address two matters.
DECLARATION OF JUDGE IWASAWA
Article 4 of CERD requires that measures to eradicate incitement to racial hatred and discrimination must be adopted “with due regard to the principles of the Universal Declaration of Human Rights”, including freedom of expression The Parties were engaged in large-scale hostilities in their recent history Statements made by organizations and private persons need to be understood in this context.