SEPARATE OPINION OF JUDGE ODA
TABLE OF CONTENTS
II. THESTATU SF THEFEDERAR LEPUBLIOCFYUGOSLAV -IAA PRELI-
MINARY ISSUE 3-4
III. LACKOF THE COURT'SJURISDICTIO NNDER ARTICLE36. PARA-
GRAPH 2,OF THESTATUT END ARTICLE38, PARAGRAP 5,OF THE
RULES OF COURT
DECLARATION OF JUDGE VERESHCHETIN
The extraordinary circumstances in which Yugoslavia made its request
for interim measures of protection imposed a need to react immediately.
The Court should have promptly expressed its profound concern over the
unfolding human misery, loss of life and serious violations of interna-
DECLARATION OF JUDGE KOROMA
These are perhaps the most serious cases to come before the Court for
iniunctive relief. Under Article 41 of the Statute of the Court. a reauest
for provisional measures should have as its purpose the preservation of
the respective rights of either party to a dispute pending the Court's deci-
DECLARATION OF JUDGE SHI
1am in agreement with the majority of the Court that, in the present
case, no basis of prima faciejurisdiction can be found for the indication
of provisional measures requested by the Applicant.
DECLARATION OF JUDGE VERHOEVEN
The connection which counter-claims are required to have with the
principal claim in order for them to be admissible must, it seems to me,
be considered in the light of their purpose. That purpose is not always
DECLARATION OF JUDGE KOROMA
By this Order, the Court recognized on the basis of information avail-
able to it and took judicial notice that, since the recent outbreak of hos-
tilities in Kisangani resulting in a serious breach of the peace, the Con-
DECLARATION OF JUDGE ODA
1. 1voted in favour of the Court's Order only because 1could not but
agree that, in order to restore peace in the region, the measures indicated
by the Court in this Order should be taken by the Parties - measures on
TABLE OF CONTENTS
Purugruphs
1. COMPOSITIO ONTHE COURT INTHISPAKTICULA CRASE 1-4
II. HUMANITARIC ANNCERN INTHISPARTICULA CRASE 5-7
Ill. JURISDICTIONIASLUES 8-14
DISSENTING OPINION OF JUDGE VERESHCHETIN
DISSENTING OPINION OF JUDGE SHI
To my regret, 1 am unable to concur with the findings of the Court
that, given the limitation rutione temporis contained in the declaration of