DECLARATION OF JUDGE SHAHABUDDEEN
The Order made by the Court today should help to maintain friendly
relations between two fraternal and neighbouring States. 1have voted for
paragraphs 1, 2, 4 and 5 of the dispositif. If I thought that there was a
sound juridical basis for paragraph 3 of the dispositif, 1 should have
DECLARATION OF JUDGE ODA
In this declaration 1 would like to make clear two reservations that
1have to the text of the Order.
1. 1 voted in favour of paragraph 3 of the operative part, albeit with
some hesitation. In my view, the date given in the passage reading
"the presence of any armed forces in the Bakassi Peninsula does not
extend beyond the position in which they were situated prior to
3 February 1996"
DISSENTING OPINION OF JUDGE TORRES BERNARDEZ
[Translation]
453
DISSENTING OPINION OF JUDGE KREéA
The Order of 13 September 1993 constitutes the reaffirmation of the
Court's earlier decision of 8 April 1993, both in the formai and in the
material sense.
Noteworthy for an assessment of such a decision is the fact that the
Court bas rejected the proposed provisional measures requested by the
DISSENTING OPINION OF JUDGE TARASSOV
SEPARATEOPINIONOFJUDGELAUTERPACHT
OUTLINE
Paragraphs
1. INTRODUCTION 1-13
1. Theunprecedented human dimension ofthiscase 2
2. TheCourt's concernwith the gravityand urgency ofthe case 3
3. Theposition ofthe ad hocjudge
4. The nature of requests for provisionalmeasures
II. JURISDICTION 14-37
SEPARATE OPINION OF JUDGE AJIBOLA
SEPARATE OPINION OF JUDGE WEERAMANTRY
Thiscasefocuses attention on the question ofthe binding nature ofpro-
visional measuresmore sharply and urgently than almost anyother in the
history of this Court or of the Permanent Court of International Justice.
As the Court stressesin its Order delivered today, "the present perilous
situation demands . ..immediate and effective implementation" of the
measurescontained in its Order of 8April 1993(para. 59).Today'sOrder
also has my full support.
SEPARATE OPINION OF JUDGE SHAHABUDDEEN
1 agree with the Court in reaffirming, and in effect emphasizing, the
continued applicability of its previous Order to the deteriorating human
situation in Bosnia-Herzegovina. In support, 1give below my reasoning
on some of the issueswhich, in myview, merit the exercise of the right to
speak separately under Article 57of the Statute of the Court.
ForumProrogatum
DECLARATION OF VICE-PRESIDENT ODA
TheCourt shouldin myviewhaveresponded specificallyinthe opera-
tiveparagraphs to the request filed by Yugoslaviaon 10August 1993for
the indication of provisional measures. Whilethe Court responds to the
second request of Bosnia-Herzegovina by reaffirming the provisional
measuresindicated initsOrder of8April1993,itdoesnot,intheoperative
part ofthisOrder, take anyposition on the request of Yugoslavia.