Separate Opinion of Judge Oda

SEPARATE OPINION OF JUDGE ODA

1. Although 1would agree with the Court in its conclusions regarding
the grounds of objection to thejudgement of the United Nations Admin-
istrative Tribunal (UNAT), 1 regret to Say that 1cannot agree that the
Court, in thecircumstances, ought to havecomplied with the request for an
advisory opinion.

Dissenting Opinion of Judge Koroma

DISSENTING OPINION OF JUDGE KOROMA

The Court, in this Advisory Opinion in which it declines to grant the
request of the WHO for an opinion as to whether

"in view of the health and environmental effects, . .. the use of
nuclear weapons by a State in war or other armed conflict [would]be
a breach of its obligations under international law including the
WHO Constitution",

Declaration of Judge Ranjeva (translation)

DECLARATION OF JUDGE RANJEVA

[Tvanslation]

1have voted in favour of the Court's decision as I consider it to be in
accordance with the relevant law. 1should nonetheless have preferred the
Court to have been more explicit in respect of the problem of its advisory
jurisdiction, by laying stress on the fact that the structure of the question

put by the World Health Assembly did not permit it to exercisethe juris-
diction that it had, in any case.

(Signed) Raymond RANJEVA.

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