TABLE OFCONTENTS

Paragraphs

1. COMPOSITI OFTHE COURT INTHISPARTICULC ARSE 1-4
II. HUMANITARICANNCERN INTHISPARTICULC ARSE 5-7

III. JURISD[CTONTHE COURT R~nont MATERIAE 8-10
IV. OTHERRELEVANITSSUES 11-14 1. In the context of the conceptual difference between the interna-
tional magistrature and the interna1 judicial system within a State, the
institution of judgeud hoc has two basic functions:

SEPARATE OPINION OF JUDGE PARRA-ARANGUREN

1. Notwithstanding my agreement with the operative part of the Order,
1 consider it necessary to make the following observations.
2. Article IX of the Genocide Convention is in force between the
Parties. It prescribes:
"Disputes between the Contracting Parties relating to the interpre-
tation, application or fulfilment of the present Convention, including

SEPARATE OPINION OF JUDGE ODA

TABLE OF CONTENTS
Paragraphs

1.INTRODUCTION 1-2
II. THESTATUSOF THEFEDERAR LEPUBLIOF YUGOSLAV -~A PRELI-

MINARY ISSUE 3-4
III. LACKOF THECOURT'S JURISDICTIOUNDER ARTICLE 36, PARA-
CRAPH 2,OF THESTATUT END ARTICLE38, PARAGRAP 5,OF THE

DECLARATION OF JUDGE GAJA

While 1 agree with the Court's Order on al1points, 1 feel that some
further explanation should be given for the decision not to remove this
case from the List.
Article 38, paragraph 5, of the Rules of Court statesthat a case should

DECLARATION OF JUDGE VERESHCHETIN

DECLARATION OF JUDGE KOROMA

DECLARATION OF JUDGE SHI

DECLARATION OF VICE-PRESIDENT WEERAMANTRY

1 make this declaration having regard to the human tragedy and the
acute suffering caused throughout Yugoslavia by the present conflict.
The Court has observed that its decision in no way prejudges the ques-
tion of the jurisdiction of the Court to deal with the merits of the case
under Article IX of the GenocideConvention or any questions relating to
the admissibility of the Application or relating to the merits themselves

TABLE OF CONTENTS

Puragruphs
1. COMPOSITI ONTHE COURTINTHISPARTICULA CASE 1-4

II. HUMANITARICANNCER NNTHISPARTICULA CASE 5-7
III. JURISDICTONTHECOURT RATIO~VMEATERIAE 8-10

IV. OTHERRELEVANITSSUES 11-14 1. In the context of the conceptual difference between the interna-
tional magistrature and the interna1 judicial system within a State, the
institution of judge u(i hochas two basic functions:

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:
"Disputes between theContracting Parties relating to the interpre-
tation, application or fulfilment of the present Convention, including
those relating to the responsibility of a State for genocide or for any