110

DECLARATION OF JUDGE DONOGHUE

100

JOINT DISSENTING OPINION OF JUDGES XUE,
GAJA, BHANDARI
AND JUDGE AD HOC ORREGO VICUÑA

Introduction

98

DECLARATION OF JUDGE SKOTNIKOV

1. I have voted in favour of the Court’s conclusions set forth in the
operative clause. However, I do not agree with the Court’s treatment éof
the issue of the extent of the agreed maritime boundary between Peru and
Chile.
2. I support the Court’s conclusion that, prior to the signing of the
1954 Special Maritime Frontier Zone Agreement, there was a tacit agree -

86

SEPARATE OPINION OF JUDGE OWADA

1. The Judgment, in its operative part (dispositif) states the decision of
the Court, inter alia, as follows :

“The Court,

(1) . . .,
Decides that the starting-point of the single maritime boundary

82

DECLARATION
OF VICE-PRESIDENT SEPÚLVEDA-AMOR

By itself, the 1954 Special Maritime Frontier Zone Agreement does not su▯pport
the existence of a tacit agreement on maritime delimitation between Peru and
Chile — Evidence of the establishment of a permanent maritime boundary on

74

DECLARATION OF PRESIDENT TOMKA

The single maritime boundary between the Parties starts at the intersect▯ion of
the parallel of latitude passing through Boundary Marker No. 1 with the low­water
line, and follows that parallel of latitude — Such boundary did not stop at a
distance of 80 nautical miles — The 1954 Agreement relating to a Special

605

DISSENTING OPINION OF JUDGE AD HOC SUR

[Translation]

591

SEPARATE OPINION OF JUDGE SEBUTINDE

Two bases of jurisdiction invoked by Belgium — Cumulative preconditions for

584

DECLARATION OF JUDGE DONOGHUE

Agrees with Court that Article 7, paragraph 1, sets forth an obligation to
prosecute, not an obligation to extradite — Extradition relieves a State party from
the obligation to prosecute — No need for Court to decide whether Belgium falls

571

DISSENTING OPINION OF JUDGE XUE

1. In principle, I agree with the Judgment that Senegal as a party to the
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment of 1984 (the Convention) should submit with -
out delay the case of Mr. Hissène Habré to the competent authorities for