Declaration of Judge Koroma

DECLARATION OF JUDGE KOROMA

These are perhaps the most serious cases to come before the Court for
injunctive relief.nder Article 41 of the Statute of the Court, a request
for provisional measures should have as its purpose the preservation of
the respective rights of either party to a dispute pending the Court'sdeci-

Separate opinion of Judge ad hoc Kreca

TABLE OF CONTENTS

II. APPKAISOFLTHESPANISHRESERVATI ONARTICLEIX OF THE
GENOCIDCEONVENTION 5
III. OTHERRELEVAN ITSLIES 6-9 1. COMPOSITIO OF THE COURT IN THISPARTICULAC RASE

1.In the context of the conceptual difference between the interna-
tional magistrature and the interna1 judicial system within a State, the

institution of judge (rd/roc has two basic functions:
"(a) to equalize the situation when the Bench already includes a

Separate opinion of Judge Kooijmans

SEPARATE OPINION OF JUDGE KOOIJMANS

1. 1 have voted in favour of the Court's decision that the request for
the indication of provisional measures submitted by the Federal Republic
of Yugoslavia must be rejected. 1also agree with the Court's finding that
Article IX of the GenocideConvention can not constitute a basis ofjuris-
diction, even prima facie.
2. 1 do not agree, however, with the Court's view that Yugoslavia's

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