SEPARATE OPINION OF JUDGE PARRA-ARANGUREN
1. Notwithstanding my agreement with the operative part of the Order,
1 consider it necessary to make the following observations.
2. Article IX of the Genocide Convention is in force between the
Parties. It prescribes:
"Disputes between the Contracting Parties relating to the interpre-
tation, application or fulfilment of the present Convention, including
SEPARATE OPINION OF JUDGE ODA
TABLE OF CONTENTS
Paragraphs
1.INTRODUCTION 1-2
II. THESTATUSOF THEFEDERAR LEPUBLIOF YUGOSLAV -~A PRELI-
MINARY ISSUE 3-4
III. LACKOF THECOURT'S JURISDICTIOUNDER ARTICLE 36, PARA-
CRAPH 2,OF THESTATUT END ARTICLE38, PARAGRAP 5,OF THE
DECLARATION OF JUDGE GAJA
While 1 agree with the Court's Order on al1points, 1 feel that some
further explanation should be given for the decision not to remove this
case from the List.
Article 38, paragraph 5, of the Rules of Court statesthat a case should
DECLARATION OF JUDGE VERESHCHETIN
DECLARATION OF JUDGE KOROMA
DECLARATION OF JUDGE SHI
DECLARATION OF VICE-PRESIDENT WEERAMANTRY
1 make this declaration having regard to the human tragedy and the
acute suffering caused throughout Yugoslavia by the present conflict.
The Court has observed that its decision in no way prejudges the ques-
tion of the jurisdiction of the Court to deal with the merits of the case
under Article IX of the GenocideConvention or any questions relating to
the admissibility of the Application or relating to the merits themselves
TABLE OF CONTENTS
Puragruphs
1. COMPOSITI ONTHE COURTINTHISPARTICULA CASE 1-4
II. HUMANITARICANNCER NNTHISPARTICULA CASE 5-7
III. JURISDICTONTHECOURT RATIO~VMEATERIAE 8-10
IV. OTHERRELEVANITSSUES 11-14 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 u(i hochas two basic functions:
SEPARATE OPINION OF JUDGE PARRA-ARANGUREN
1. Notwithstanding my agreement with the operative part ofthe Order,
1consider it necessary to make the following observations.
2. Article IX of the Genocide Convention is in force between the
Parties. It prescribes:
"Disputes between theContracting Parties relating to the interpre-
tation, application or fulfilment of the present Convention, including
those relating to the responsibility of a State for genocide or for any
SEPARATEOPINION OF JUDGE ODA
TABLE OF CONTENTS
Pai
II. THESTATU SF THEFEDERAR LEPUBLIOF YUGOSLAV IAA PRELI-
MINARY ISSUE
III. LACKOFTHE COURT'S JURISDICTIOUNDER ARTICLE 36, PARA-
GRAPH 2,OF THESTATUT AND ARTICLE 38, PARAGRAP 5,OF THE
RULES OFCOURT
(1) No "legal dispute" within the meaning of Article 36,