SEPARATE OPINION OF JUDGE HIGGINS

SEPARATEOPINION OF JUDGE ODA

TABLE OF CONTENTS
Paragraphs

II. THESTATU SF THEFEDERAR LEPUBLIOF YUGOSLAV IAA PRELI-

MINARY ISSUE 3-4
III. LACKOF THECOURT'S SURISDICTIOUNDER ARTICLE 36, PARA-
GRAPH 2,OF THESTATUT ENDARTICLE 38, PARAGRAP 5,OF THE

DECLARATION OF JUDGE KOROMA

These are perhaps the most serious cases to come before the Court for
injunctive relief.Under Article 41 of the Statute of the Court, a request
for provisional measures should have as its purpose the preservation of
the respective rights of either party to a dispute pending the Court'sdeci-

TABLE OFCONTENTS

Paragraphs

1. COMPOSITI OFTHE COURT INTHISPARTICULC ARSE 1-4
II. HUMANITARICANNCERN INTHISPARTICULC ARSE 5-7

III. JURISD[CTONTHE COURT R~nont MATERIAE 8-10
IV. OTHERRELEVANITSSUES 11-14 1. In the context of the conceptual difference between the interna-
tional magistrature and the interna1 judicial system within a State, the
institution of judgeud hoc has two basic functions:

SEPARATE OPINION OF JUDGE PARRA-ARANGUREN

1. Notwithstanding my agreement with the operative part of the Order,
1 consider it necessary to make the following observations.
2. Article IX of the Genocide Convention is in force between the
Parties. It prescribes:
"Disputes between the Contracting Parties relating to the interpre-
tation, application or fulfilment of the present Convention, including

SEPARATE OPINION OF JUDGE ODA

TABLE OF CONTENTS
Paragraphs

1.INTRODUCTION 1-2
II. THESTATUSOF THEFEDERAR LEPUBLIOF YUGOSLAV -~A PRELI-

MINARY ISSUE 3-4
III. LACKOF THECOURT'S JURISDICTIOUNDER ARTICLE 36, PARA-
CRAPH 2,OF THESTATUT END ARTICLE38, PARAGRAP 5,OF THE

DECLARATION OF JUDGE GAJA

While 1 agree with the Court's Order on al1points, 1 feel that some
further explanation should be given for the decision not to remove this
case from the List.
Article 38, paragraph 5, of the Rules of Court statesthat a case should

DECLARATION OF JUDGE VERESHCHETIN

DECLARATION OF JUDGE KOROMA

DECLARATION OF JUDGE SHI