Declaration of Judge ad hoc Kress

DECLARATION OF JUDGE AD HOC KRESS Representation of Myanmar  The Gambia’s standing  Point of terminology  The Gambia as a “non-injured State” or as an “injured State”  Concept of préjudice juridique  Similarity of the present case with the case concerning Questions relating to the Obligation to Prosecute or Extradite (Belgium v.

Dissenting opinion of Judge ad hoc McRae

DISSENTING OPINION OF JUDGE AD HOC MCRAE Disagreement with the finding of the Court that it has jurisdiction ratione temporis — No justification for the assimilation of a dispute involving events subsequent to the application to a dispute involving events subsequent to the lapse of the jurisdictional title — Responsibility may not be based on events subsequent to the lapse of the jurisdictional title — Policy considerations.

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