Declaration of Judge Shi
DECLARATION OF JUDGE SHI
1am in agreement with the majority of the Court that, in the present
case, no basis of prima facie jurisdiction can be found for the indication
DECLARATION OF JUDGE SHI
1am in agreement with the majority of the Court that, in the present
case, no basis of prima facie jurisdiction can be found for the indication
DISSENTING OPINION OF JUDGE KRECA
TABLE OF CONTENTS
Paragruphs
1. COMPOSITIO ONTHE COURT INTHISPARTICULA CRASE 1-4
II. HUMANITARIC ANNCER N THISPARTICULA CRASE 5-7
III. JURISDICTIONASLUES 8-14
Jurisdiction of the Court iatione personae 8-10
Jurisdiction of the Court ratione materirie 11-13
Jurisdictiofthe Court ratione temporis 14
DISSENTING OPINION 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 itsprofound 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
DISSENTING OPINION OF JUDGE SHI
To my regret, 1 am unable to concur with the findings of the Court
that, given the limitation ratione temporis contained in the declaration of
DISSENTING OPINION OF VICE-PRESIDENT
WEERAMANTRY
My opinion in this case is the same, mutatis mutandis, as that which
1 have delivered in Yuguslavia v. Belgium.
SEPARATE OPINION OF JUDGE KOOIJMANS
1. 1 have voted in favour of the Court's decision that the request for
SEPARATE OPINION OF JUDGE PARRA-ARANGUREN
1. Notwithstanding my agreement with the operative part ofthe 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
SEPARATEOPINION OF JUDGE ODA
TABLE OF CONTENTS
Paragraphs
II. THESTATU SF THEFEDERAR LEPUBLIOF YUGOSLAV IAA PRELI-
MINARY ISSUE 3-4
III. LACKOF THECOURT'S SURISDICTIOUNDER ARTICLE 36, PARA-
GRAPH 2,OF THESTATUT ENDARTICLE 38, PARAGRAP 5,OF THE
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
the respective rights of either party to a dispute pending the Court'sdeci-