SEPARATE OPINION OF JUDGE HIGGINS

1. 1entirely support the decision of the Court in dismissing the requests
for the indication of provisional measures submitted on 29 April 1999
by the Federal Republic of Yugoslavia against ten respondent States -
Belgium, Canada, France, Germany, Italy, the Netherlands, Portugal,
Spain, the United Kingdom and the United States.
While favouring subparagraph (2) of the operative paragraph in which

DECLARATION OF JUDGE KOROMA

TABLE OF CONTENTS

Purugruphs
1. COMPOSIT IFTHECOURT INTHISPAKTICULCAARSE 1-4

II. HUMANITARCIANNCER NTHISPARTICULC ARSE 5-7
III. JURISDICOIFNHECOURT RATIONMEATERIAE 8-10

IV. OTHERRELEVAN ITSUES 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 ud hoc has 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:

SEPARATE OPINION OF JUDGEODA

TABLE OF CONTENTS

Paragruphs

1. INTRODUCTION 1-2
II. THESTATUSOF THEFEDERAR LEPUBLIOFYUCOSLAV IAA PRELI-

MINARY ISSUE 3-4
III. LACKOF THECOURT'S JURISDICTIOUNDER ARTICLE 36, PARA-
CRAPH 2,OF THESTATUT AND ARTICL3 E8, PARAGRAP 5,OF THE

DECLARATION OF JUDGE VERESHCHETIN

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'seci-
sion. Jurisprudentially, the granting of such relief is designed to prevent
violence, the use of force, to safeguard the peace, as well as serving as an

DECLARATION OF JUDGE SHI

DECLARATION OF VICE-PRESIDENT WEERAMANTRY