780
DECLARATION OF JUDGE PARRA-ARANGUREN
1. The Note of 19 March 1912 sent by the Minister for Foreign Affairs
of Nicaragua to the Foreign Minister of Honduras recalls the failure of
the Mixed Commission created by the 1894 Treaty to agree on one sector
of the boundary line and states:
774
SEPARATE OPINION OF JUDGE KOROMA
Employment of bisector consistent with jurisprudence on maritime delimita-
tion — Geographical features of area at heart of delimitation — Choice of
method depends upon particular circumstances of the area to be delimited —
Equidistance method when appropriate but not obligatory — Bisector also a
geometric method and its relation to coastal geography — Articles 15, 74, para-
765
SEPARATE OPINION OF JUDGE RANJEVA
[Translation]
Special circumstances and delimitation of the territorial sea — Rule-making
or corrective function — Geomorphology and course of the provisional equidis-
tance line — Notion of necessity and alternative course of the provisional line —
Bisector and equidistance line — History of Article 15 of the 1982 United
Nations Convention on the Law of the Sea — Development of jurisprudence —
A largely settled debate — Reversal of jurisprudence — “Particular circum-
stances”.
457
SEPARATE OPINION OF JUDGE AD HOC KREC uA
TABLE OF CONTENTS
Paragraphs
PART I. JURISDICTIONAL SSUES 1-78
I. General Considerations in Respect of the Res Judicata Rule 1-6
II. Res Judicata as Regards Jurisdictional Decisions 7-19
381
DISSENTING OPINION OF JUDGE AD HOC MAHIOU
[Translation]
366
DECLARATION OF JUDGE SKOTNIKOV
No jurisdiction — Respondent had no access to Court when proceedings insti-
tuted — Relevance of 2004 Legality of Use of Force cases — Issue of access to
Court not determined in 1996 Judgment — Res judicata not absolute and
exhaustive in incidental proceedings.
359
DECLARATION OF JUDGE BENNOUNA
[Translation]
FRY’s continued presence within the United Nations — Effects of Serbia and
Montenegro’s admission to the United Nations on 1 November 2000 — Serbia’s
complicity in genocide — Accomplice’s mens rea as opposed to principal perpe-
trator’s — Relationship between individual criminal liability and State respon-
sibility — Definition of complicity — “Scorpions”, a paramilitary force under
Serbian control.
352
DECLARATION OF JUDGE KEITH
Explanation of vote on complicity — Knowledge of principal’s genocidal
intent necessary as a matter of law, but not shared intent — Evidence of aid and
assistance established — Evidence of knowledge of the facts underlying the
genocidal intent established — Finding of complicity in the genocide committed
at Srebrenica.
310
SEPARATE OPINION OF JUDGE TOMKA
The Court’s jurisdiction — Court informed FRY in 2003 that it could present
further argument on jurisdiction at merits stage — Court Statute and Rules do
not prohibit objections to jurisdiction at merits stage and Court must examine
such issues proprio motu if necessary — Principle of res judicata does not bar
Court’s reconsideration of its jurisdiction — Court’s Judgment of 11 July 1996
285
SEPARATE OPINION OF JUDGE OWADA