DISSENTING OPINION OF JUDGE BENNOUNA
[Translation]
Propriety of the Court giving an advisory opinion — Respect for the integrity
of the Court’s judicial function — Frivolous requests for advisory opinions —
Substitution of the Court for the Security Council in exercising its political
SEPARATE OPINION OF JUDGE SEPÚLVEDA-AMOR
SEPARATE OPINION OF JUDGE KEITH
1. The Court, in my view, should have exercised its discretion to refuse
to answer the question which the General Assembly submitted to it on
8 October 2008 in resolution 63/3. In this opinion I give my reasons for
that conclusion.
2. While the terms of the French text of Article 14 of the Covenant of
the League of Nations may have been read as denying the Permanent
Court of International Justice a discretion to refuse (the Court “donnera
DECLARATION OF JUDGE SIMMA
The Court’s interpretation of the General Assembly’s request is unnecessarily
limited and potentially misguiding — The Court’s approach reflects an outdated
view of international law — The request deserves a more comprehensive answer,
DISSENTING OPINION OF JUDGE KOROMA
The unilateral declaration of independence of 17 February 2008 unlawful for
failure to comply with laid down legal principles — In exercising its advisory
jurisdiction, the Court may only reformulate the question posed so as to make it
DECLARATION OF VICE-PRESIDENT TOMKA
The Court should have exercised its discretion and declined to respond to the
General Assembly’s request — The Security Council’s silence cannot be inter-
preted as implying any tacit approval of the declaration — The General Assem-
DISSENTING OPINION OF JUDGE KOROMA
SEPARATE OPINION OF JUDGE REZEK
[Translation]
SEPARATE OPINION OF JUDGE ODA
TABLE OF CONTENTS
Paragraphs
1-2
5. EXEMPTIOFNOMTAXED COSTS 18-19
20-22
6.DECISIO N IMMUNIT BY THEMALAYSIA COURTINLIMINE LITIS
SEPARATE OPINION OF VICE-PRESIDENT WEERAMANTRY
Importance of protection of United Nations personnel - Immunities of
United Nations functionaries distinguishedfrom those of State representatives
- Conclusivenessof Secretary-General's determination - Need for uniform
internationaljurisprudence on thismatter - Duty of rapporteursto ensure that
they act bvithinthe terms of their mandate.
1 agree with the conclusions of the Court as set out in the Court's