Dissenting Opinion by Judge Rezek (translation)
DISSENTING OPINION OF JUDGE REZEK
[Translation]
DISSENTING OPINION OF JUDGE REZEK
[Translation]
SEPARATE OPINION OF JUDGE PARRA-ARANGUREN
The grounds ofjuri.rdiction originully adi~ancedhy the Congo - The neiv title
ofjurisdiction invoked in the second round of oral argument - The objection
ma& by Belgium - The precedents of' the Court on the rnatter - The neir
position udopted hy thc Court - The rcasons given cannot be upheld - Conclu-
sion
SEPARATE OPINION OF JUDGE KOROMA
Doubts about the Order - Wider rarn~$cationsof dispute in the light of legal
principles and changed circumstance.~ - Application not vvithout merit -
Requirements for indication of provisional measures - Risk of injury - Its
amelioration by change offùnctions - Whether rights of the Democratic Repub-
lic of the Congo iiwe affectrd - Legal issucs to be uddressed if matter gets to
the merits.
DECLARATION OF JUDGE RANJEVA
[Trunslutionj
1voted in favour of the operative part of the Order on account of para-
graph 76: a final determination of al1the issues before the Court, to be
reached with al1expedition and with the Parties' full CO-operationto that
end in the proceedings,is the most appropriate of provisional measures.
(Signed) Raymond RANJEVA.
DECLARATION OF JUDGE ODA
DECLARATION OF JUDGE ODA
While 1 voted in favour of the Order constituting a Chamber, 1 feel
DISSENTING OPINION OF JUDGE KRECA
TABLE OF CONTENTS
Paragraphs
1-4
II. HUMANITAR CIANCERN INTHISPARTICULC ARSE 5-7
III. JURISDICTIOISSUES 8-14
SEPARATE OPINION OF JUDGE KOOIJMANS
SEPARATE OPINION OF JUDGE PARRA-ARANGUREN
1. Notwithstanding my agreement with the operative part of the Order,
1consider it necessary to make the following observations.
2. Article IX of the Genocide Convention is in force between the
Parties. It prescribes:
SEPARATE OPINION OF JUDGE HIGGINS
Limitations ratione temporis to declarutions made under Article 36, para-
graph 2. of the Statute - "Disputes" - "Situations or Facts" - Reciprocity
- "Continuing" events or violations of lait'- Primufacie jurisdiction for pur-
poses of Article 41 of the Stutute - Mutters to be decidedut provisional meas-