Declaration by Judge Elaraby

DECLARATION OF JUDGE ELARABY

1. 1have voted against the rejection of the request for the indication of
provisional measures submitted by the Democratic Republic of the
Congo, mainly because, in accordance with its Statute and its present
jurisprudence, the Court should, in principle grant a request for provi-
sional measures once the requirements of urgency on the one hand and

Declaration by Judge Buergenthal

DECLARATION OF JUDGE BUERGENTHAL

Language of'paragraphs 54 through 56 and 93 inappropriate - Absence of

jurisdiction to address subject-matter- Text gives credence, whether intended
or not, to c1aim.sof'one Party - Court's poi.t3erslimited to exercise of judicial
functions - "Feel-good" provisions not ivithin scope of,jurisdiction.

1. 1agree with the Court's decision rejecting the Democratic Republic

Declaration by Judge Koroma

DECLARATION OF JUDGE KOROMA

1.1 have voted in favour of the Order because, in my view, it has

attempted to address some of the concerns at the heart of the request.

2. In its request for the indication of provisional measures and during
the public hearings, the Congo invoked various legal instruments, includ-
ing inter alilthe United Nations Charter, the Charter of the Organiza-
tion of African Unity, the International Bill of Human Rights, the Geno-

Dissenting Opinion by Judge ad hoc de Cara (translation)

DISSENTING OPINION OF JUDGE DE CARA

Distinctivent>s.O~L'LIS~- Riglzts to hepreserved - Di iision (fjurisdiction-
Itnnmunity jrom jurisdiction - Inviolability-- Dignity oj Heud ifStore - Risk
oj'prcjudice -- lrreparubility - Urgency - Risk of ag::ravation of dispute -
Stuteruieritsby a pcrrtj,ut lzeuri~~g s Good,filitlz - Oh'igation tu i~zfoïtn,judi-
ciu/ uut/~ority,

Declaration of Judge Oda

DECLARATION OF JUDGE ODA

1. 1should like to add a few lines of explanation in regard to my vote
in favour of the Court's Order constituting the Chamber to deal with

El Salvador's Application for revision.
2. Article 100, paragraph 1,of the Rules of Court provides as follows:

Declaration of Judge Oda

DECLARATION OF JUDGE ODA

1voted in favour of the present Order. However, 1believe it appropri-
ate to state my doubts concerning the Court's definition of "disputes aris-
ing out of the interpretation or application" of the Vienna Convention on
Consular Relations. Those doubts have already been clearly expressed on
three occasions in connection with two similar cases decided by the Court
(see Vienna Convention on Consulur Relutions (Paraguay v. United

Links