Declaration of Judge Skotnikov

42

DECLARATION OF JUDGE SKOTNIKOV

1. I fully support the Court’s decision directing both Parties to “reffrain

from sending to, or maintaining in the disputed territory, including thef
caño, any personnel, whether civilian, police or security” (Order, operaf -
tive clause (1)).
2. However, I am unable to concur in the second provisional measure
indicated by the Court, which reads as follows :

Separate opinion of Judge Koroma

29

SEPARATE OPINION OF JUDGE KOROMA

Misgivings regarding plausibility as a criterion for indication of provi▯sional
measures — Assertion introduced in Questions relating to the Obligation to
Prosecute or Extradite (Belgium v. Senegal) — Not part of settled jurisprudence
— Meaning different in English and French — Introduction problematic —
Vagueness regarding law or facts or both — Basis on which parties’ claims
evaluated — If new standard introduced must be transparent.

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