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

559

SEPARATE OPINION OF JUDGE YUSUF

487

SEPARATE OPINION

OF JUDGE CANÇADO TRINDADE

table of contents

Paragraphs

I. Prolegomena 1-4

481

SEPARATE OPINION OF JUDGE SKOTNIKOV

471

SEPARATE OPINION OF JUDGE ABRAHAM

[Translation]

464

DECLARATION OF JUDGE OWADA

1. I have voted in favour of the Judgment in support of all the points
contained in its operative paragraph 122. Nevertheless, I entertain some
divergence of views from the position taken by the present Judgment withv

70

SEPARATE OPINION OF JUDGE MAHIOU

[Translatwn}

App!Jcatwnfor revrswn - Admrsslblilfy of the Appllcatwn - Article 61 of
the Statute of the Court- Notwn of 'fact"- Existence or non-ex1stenceof a
newfact- Membersh1pm the Umted Natwns- Jurzsdzctwn ratiOne personae,
ratwne matenae arJd'fat'lOne.tempons of the Court -Admtsswn to the Umted
Natwns and consequences- GenoctdeConventwn- Conduct of the Appltcant
- Fault of the Appl!cant

53

DISSENTING OPINION OF JUDGE DIMITRIJEVIé