SEPARATE OPINION BY JUDGE AZEVEDO
[Translation]
I. Being unable to reconcile in my mind the notions which,
though of a differing character, have been decided by one and
the same vote, namely the preliminary point regarding the Court's
capacity to comply with the Request for an Opinion and the
answer which the Court should give to the questions put to it,
1 have found some difficulty in expressing my view. True, 1
SEPARATE OPINION OF JUDGE OWADA
SEPARATE OPINION OF JUDGE ELARABY
The nature and scope qf'United Nations responsibility - The international
legctlstatusoifthe OccupiedPale.stinianTerritory - Historical survey - The
la~voJ belligerent occupation, including current situation of prolongecioccupa-
tion,principle of military necessity, hreuclles«f'internutional humanitariun luw
anrithe erga omnes right to .self-cietertninclofothe Pulestinianpeople.
DECLARATION OF JUDGE BUERGENTHAL
1. Since 1 believe that the Court should have exercised its discretion
SEPARATE OPINION OF JUDGE AL-KHASAWNEH
Concurs with Advisory Opinion - Agrees in general with reasoning - Sepu-
rate opinion only aim is to elucidate some salient points - Status of territories
as occupied rests on consistent opinio juris - Security Council and General
Assembly resolutions - Opinion of High Contracting Parties to Fourth Genevu
Convention - Position of ICRC - Position of States - Israeli recognition of
SEPARATE OPINION OF JUDGE KOOIJMANS
SEPARATE OPINION OF JUDGE HIGGINS
Issues relevantfordiscretion notaddressedby the Court - Elementslacking
for a balancedOpinion -- Violationsof Articles 46 and52 of the HagueRegu-
lations and Articles 49 and 53 of the Fourth GenevaConvention - Disugree-
ment with passagesin the Opinionon se~~deterrninutiorr s,elf-defenceand the
erga omnes principle- limitutionsof thejùctual materialsrelied on.
SEPARATE OPINION OF JUDGE KOROMA
Construction of icull anci unne.\-ution ----Vulidity if'Court's juri.scliction-
Funcrions of Court in advisory proceedings Findings on ha.si.s~f'applicahle
luit,- Erga omnes churtictrr of'jindings R~.sp~>fcorr hu~nanitrrrianluw -
Role of Genc~rulAssetnhly.
DISSENTING OPINION OF M. AZEVEDO
[Translation]
1 regret that 1am unable to concur in the opinion of the majority
ofthe Court for the following reasons:
1.-First of all,1 cannot agree tothe omission of what 1 consider
to be the most important part of the question submitted to the
Court.
The Request does not ask the Court to Say in a general way
DISSENTPNG OPINION BY M. ALVAREZ
[Translation]
I
On November zznd, 1949, the Generâl Assembly of the United
Nations addressed to the International Court of Justice a highly
important Request for an Advisory Opinion to which a satisfactory
answer must be given :what is really involved is the question of
the so-called "right of veto". The discussions which have arisen
in the United Nations concerning the repeated exercise of this
right are well known.