DECLARATION OF VICE-PRESIDENT WEERAMANTRY

1 make this declaration having regard to the human tragedy and the
acute suffering caused throughout Yugoslavia by the present conflict.
The Court has observed that its decision in no way prejudges the ques-
tion of the jurisdiction of the Court to deal with the merits of the case
under Article IX of the GenocideConvention or any questions relating to
the admissibility of the Application or relating to the merits themselves

TABLE OF CONTENTS

Puragruphs
1. COMPOSITI ONTHE COURTINTHISPARTICULA CASE 1-4

II. HUMANITARICANNCER NNTHISPARTICULA CASE 5-7
III. JURISDICTONTHECOURT RATIO~VMEATERIAE 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 judge u(i hochas two basic functions:

SEPARATE OPINION OF JUDGE PARRA-ARANGUREN

1. Notwithstanding my agreement with the operative part ofthe Order,

1consider it necessary to make the following observations.
2. Article IX of the Genocide Convention is in force between the
Parties. It prescribes:
"Disputes between theContracting Parties relating to the interpre-
tation, application or fulfilment of the present Convention, including
those relating to the responsibility of a State for genocide or for any

SEPARATEOPINION OF JUDGE ODA

TABLE OF CONTENTS

Pai

II. THESTATU SF THEFEDERAR LEPUBLIOF YUGOSLAV IAA PRELI-

MINARY ISSUE
III. LACKOFTHE COURT'S JURISDICTIOUNDER ARTICLE 36, PARA-
GRAPH 2,OF THESTATUT AND ARTICLE 38, PARAGRAP 5,OF THE

RULES OFCOURT
(1) No "legal dispute" within the meaning of Article 36,

DECLARATION OF JUDGE VERESHCHETIN

DECLARATION OF JUDGE KOROMA

These are perhaps the most serious cases to come before the Court for
injunctive relief.nder 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'seci-
sion. Jurisprudentially, the granting of such relief isdesigned to prevent

DECLARATION OF JUDGE SHI

1am in agreement with the majority of the Court that, in the present
case, no basis of prima faciejurisdiction can be found for the indication
of provisional measures requested by the Applicant.

DECLARATION OF VICE-PRESIDENT WEERAMANTRY

1 make this declaration having regard to the human tragedy and the
acute suffering caused throughout Yugoslavia by the present conflict.
The Court has observed that its decision in no way prejudges the ques-
tion of the jurisdiction of the Court to deal with the merits of the case
under Article IX of the GenocideConvention or any questions relating to
the admissibility of the Application or relating to the merits themselves

TABLE OF CONTENTS

Purugruphs

1-4
5-7

DISSENTING OPINION OF JUDGE VERESHCHETIN