SEPARATE OPINION OF JUDGE ODA
TABLE OF CONTENTS
Parugraphs
II. THESTATU SF THEFEDERAR LEPUBLIOF YUGOSLAV -IAA PRELI-
MINARY ISSUE 3-4
III. LACKOF THECOURT'S JURISDICTIOUNDER ARTICLE36, PARA-
CRAPH 2,OF THESTATUT ENDARTICLE 38, PARACRAP 5,OF THE
DECLARATION OF JUDGE VERESHCHETIN
The extraordinary circumstances in which Yugoslavia made its request
for interim measures of protection imposed a need to react immediately.
The Court should have promptly expressed its profound concern over the
unfolding human misery, loss of life and serious violations of interna-
tional law which by the time of the request were already a matter of pub-
lic knowledge. It is unbecoming for the principal judicial organ of the
United Nations, whose very raison d'être is the peaceful resolution of
DECLARATION OF JUDGE KOROMA
These are perhaps the most serious cases to come before the Court for
injunctive relief. Under Article 41 of the Statute of the Court, a request
for provisional measures should have as its purpose the preservation of
DECLARATION OF JUDGE SHI
DECLARATION OF VICE-PRESIDENT WEERAMANTRY
1make this declaration having regard to the human tragedy and the
acute suffering caused throughout Yugoslavia by the present conflict.
TABLE OF CONTENTS
Parugraph.~
1. COMPOSITI ONTHE COURTINTHISPARTICULA CASE 1-4
II. HUMANITARICANNCER NNTHISPARTICULA CASE 5-7
III. ABSOLUTNULLITY OF THE UNITEDSTATESRESERVATIO TO
ARTICLEIXOF THEGENOCIDCEONVENTION 8-10
SEPARATE OPINION OF JUDGE PARRA-ARANGUREN
1. Notwithstanding my vote for the operative part of the Order, with
the exception of paragraph 2,1 consider it necessary to make the follow-
ing observations.
2. Preliminary objections are regulated by Subsection 2 of Section D
within Part III of the Rules of Court. Article 79,paragraph 1,provides as
follows :
"Any objection by the respondent to the jurisdiction of the Court
orto the admissibility of the application, or other objection thedeci-
SEPARATE OPINION OF JUDGE ODA
TABLE OF CONTENTS
II. THESTATU SF THEFEDERAR LEPUBLIOCFYUGOSLAV -IAA PRELI-
MINARY ISSUE 3-4
III. LACKOF THE COURT'SJURISDICTIO NNDER ARTICLE36. PARA-
GRAPH 2,OF THESTATUT END ARTICLE38, PARAGRAP 5,OF THE
RULES OF COURT
DECLARATION OF JUDGE VERESHCHETIN
The extraordinary circumstances in which Yugoslavia made its request
for interim measures of protection imposed a need to react immediately.
The Court should have promptly expressed its profound concern over the
unfolding human misery, loss of life and serious violations of interna-
DECLARATION OF JUDGE KOROMA
These are perhaps the most serious cases to come before the Court for
iniunctive relief. Under Article 41 of the Statute of the Court. a reauest
for provisional measures should have as its purpose the preservation of
the respective rights of either party to a dispute pending the Court's deci-