Declaration of Judge ad hoc Kreca

Although 1voted in favour of the operative parts of the Court's Order,
1 shall also make some observations on and amplifications to some aspects

of the concept of a counter-claim and its application to this particular case.
1. The Order essentially qualifies a counter-claim as "independent",
"an autonomous legal act" (para. 27) though, it seems to me, this is with
a certain amount of caution (reservutio mentulis). That is to Say, the
Court states that the "counter-claim is independent of the principal claim

Dissenting Opinion by Judge Ranjeva (translation)

DISSENTING OPINION OF JUDGE RANJEVA

[Translation]

1. Thepresentrequestforthe indication of provisional measures is,in
many respects, an unprecedented case in international adjudication.
Whilethe Court cannot rejectthe request (1),itcannotpassupon it owing
to the fundamental change of circumstances following the adoption of
SecurityCouncilresolution 748(1992)(II),withoutfor al1that refraining,
in principle,fromthe propriomotuexerciseofitspowers under Article41
ofthe Statute (III).

Dissenting Opinion by Judge Weeramantry

DISSENTING OPINION OF JUDGE WEERAMANTRY

This application for provisional measures was, as required by
Article 74 (1) of theRules of Court, given priority over al1other cases
pending before the Court. The oral submissions were concluded on
28 March 1992. Three days later, when the case was at the stage of deli-
berations, resolution 748 (1992) was adopted by the Security Council.
Resolution 748 (1992)covered matters of importance which were sub

Separate Opinion by Judge Shahabuddeen

SEPARATE OPINION OF JUDGE SHAHABUDDEEN

The Court's Order is based solely on SecurityCouncil resolution 748
(1992).Thatalsoistheground ofmyconcurrencewithit. Butforthat reso-
lution, 1should have thought that Libyahad presented an arguable case
for an indication of interim measures. The resolution now makes itun-
necessaryto explore the legal elements of Libya'srequest for such mea-
sures.Inviewoftheturn ofeventsoccasionedbytheresolution, 1propose,

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