Separate Opinion of President Schwebel
SEPARATE OPINION OF PRESIDENT SCHWEBEL
SEPARATE OPINION OF PRESIDENT SCHWEBEL
DECLARATION OF JUDGE ODA
1. 1voted in favour of the Court's Order with great hesitation as 1con-
sidered that the request for the indication of provisional measures of pro-
tection submitted by Germany to the Court should have been dismissed.
However, in the limited time - only several hours - given to the Court
to deal with this matter, 1have regrettably found it impossible to develop
my points sufficiently to persuade my colleagues to alter their position.
SEPARATE OPINION OF JUDGE AJIBOLA
TABLE OF CONTENTS
Puge
1. INTRODUCTION 36
II.FACTS-IN-ISSUE 37
III. LEGALONDITION ASD GROUND OR THEINDICATIOOFNPROVISIONAL
MEASURES
A. Prima faciejurisdiction
B. Urgency
IV. THEREQUEST OF CAMEROO NND THE LEGALBASIS FOR ANINDI-
CATIONOFPROVISION MAEASURES
DECLARATION OF JUDGE MBAYE
[Translation]
It rarely happens that two cases are exactly alike. However, the case
concerning the Frontier Dispute (Burkina Faso/Republic of Mali), Pro-
visional Measures (1.C.J. Reports 1986, pp. 3 et seq.) and the present
proceedings do display some striking similarities.In both cases,there is a
dispute between two neighbouring African States. It relates to the delimi-
tation of their boundary and has been referred to the Court. Further to
JOINT DECLARATION OF JUDGES WEERAMANTRY, SHI
AND VERESHCHETIN
DECLARATION OF JUDGE KOROMA
1 have voted in favour of the Order and it is my clear understanding
DECLARATION OF JUDGE RANJEVA
(Translation]
The present Order confirms - if any confirmation was needed - the
jurisprudence of the Chamber in the case concerning the Frontier Dispute
(Provisional Measures, Order of 10 January 1986, I.C.J. Reports 1986,
pp. 3 et seq.). The operative part does not confine itself to the indication
of measures preserving rights in the traditional sense; it directly invites
DECLARATION OF JUDGE SHAHABUDDEEN
The Order made by the Court today should help to maintain friendly
relations between two fraternal and neighbouring States. 1have voted for
paragraphs 1, 2, 4 and 5 of the dispositif. If I thought that there was a
sound juridical basis for paragraph 3 of the dispositif, 1 should have
DECLARATION OF JUDGE ODA
In this declaration 1 would like to make clear two reservations that
1have to the text of the Order.
1. 1 voted in favour of paragraph 3 of the operative part, albeit with
some hesitation. In my view, the date given in the passage reading
"the presence of any armed forces in the Bakassi Peninsula does not
extend beyond the position in which they were situated prior to
3 February 1996"
DISSENTING OPINION OF JUDGE TORRES BERNARDEZ
[Translation]