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DISSENTING OPINION OF VICE-PRESIDENT
AL-KHASAWNEH
The Court’s jurisdiction is established — Serious doubts that already settled
question of jurisdiction should have been re-examined — SFRY’s United Nations
membership could only have been suspended or terminated pursuant to Articles
DISSENTING OPINION OF JUDGE FRANCK
The 1891 Convention determined the allocation of territorial sovereignty
between the Parties - Pulau Ligitan and PulaiiSipadan clearly locatedsouth
of 4'10' allocational line therein establislled - Presumption that 4"10' line
DECLARATION OF JUDGE ODA
DISSENTING OPINION OF JUDGE AJIBOLA
Introduction - Procedural issue - Parties and theneed to allowfor second
round of pleadings - Agreement with the CourtSJudgment onjzrrisdictionand
costs - Need for the Court to interpret - Distinction betweenfacts and inci-
dents - Court should have granted Nigeria's request - Article 36 (2) of the
Statute and meaning of "dispute".
DISSENTING OPINION OF JUDGE KOROMA
Inadmissibility of request seemingly casuistic - Interpreting while not inter-
preting the Judgment - Nigeria's submissions - Cameroon'ssubmissions -
Existence of dispute - Acknowledgment of Court'sjurisdiction - Relevant
DISSENTING OPINION OF VICE-PRESIDENT
WEERAMANTRY
Judgment on preliminary objections - Applicability of Article 60 - Inter-
pretation may not be sought to seek revisionor reopenmatter ivhichis resjudi-
cata, orfor gaining time - Substantial nature of Nigeria's request - Need to
DISSENTING OPINION OF JUDGE AD HOC KATEKA
Disagreement with the Judgment on its key findings — Treatment of evidence
not even-handed — Decision on Respondent’s defences of consent and selfdefence
mistaken — Kisangani events — Serious accusations of violations
of human rights and international humanitarian law need higher standard of
proof — Reliance on United Nations reports concerning alleged exploitation
of DRC’s natural resources — Ruling on violation of provisional measures
unnecessary — Unjustified treatment of Uganda’s counter-claims.
DECLARATION OF JUDGE AD HOC VERHOEVEN
[Translation]
“Declaratory” judgment : legality, limits — “Declaratory” judgment : Order
indicating provisional measures, obligation of cessation, assurances and guarantees
of non-repetition — Illegal use of force : consequences.
1. As witnessed by my votes on the various elements of the dispositif
of the Judgment, I essentially concur in the conclusions reached by the
Court. Nevertheless, it is easily understandable in a complex case, where
351
DECLARATION OF JUDGE TOMKA
[English Original Text]
Duty of vigilance — Toleration by Zaire on its territory of activities of rebel
groups against Uganda in 1994-1997 period — Duty of Uganda to prosecute
those who have committed grave breaches of international humanitarian law —
Self-defence and the prohibition of the use of force: order of their consideration.
334
SEPARATE OPINION OF JUDGE SIMMA
The Court should have called the Ugandan invasion of a large part of the
DRC’s territory an act of aggression — The Court should not have avoided