SEPARATE OPINION OF JUDGE SHAHABUDDEEN
1would like to explain my support for the judgment of the Court on
two points, namely, treaty succession and forum prorogatum.
The course taken by the Court in itsjudgment makes it unnecessary to
consider whether Bosnia and Herzegovina was a party to the Genocide
Convention as from the date of its independence. However, as this point
was closelyargued and is the subject of some attention, 1propose to say
DECLARATION OF JUDGE LAUTERPACHT
1 respectfully concur in operative paragraphs 1, 2 (a) and 3 of the
Judgment of the Court, but regret that 1 am unable to vote in favour of
paragraph 2 (b) in so far as it reflects (as stated in paragraph 40 of the
Judgment) a decisionof the Court that the conduct of the Federal Repub-
lic of Yugoslavia does not "confer upon [the Court] a jurisdiction
exceeding that which it has already acknowledged to have been conferred
upon it by Article IX of the Genocide Convention" (emphasis added).
JOINT DECLARATION
OF JUDGES SHI AND VERESHCHETIN
DECLARATION OF JUDGE ODA
DISSENTING OPINION OF JUDGE PADILLA NERVO
1cannot concur in the Judgment of the Court in the present proceed-
ings.
1 am unable to agree wiih the manner and reasoning through which
the Cowt easily disposed of and rejected the objections and arguments
raised against itsjurisdiction todeal with the merits of the Application.
SEPARATE OPINION OF JUDGE SIR GERALD FITZMAURICE
Although 1 entirely agree with the Judgrnent of the Court and the
reasoning and considerations on which it is based, there are in my
opinion certain factors which should additionally be brought out, or
further stressed.
President Sir Muhammad ZAFRULL KAHANmakes the following dcc-
laration :
1am in entire agreement with the Judgment of the Court. 1 consider it
needful, however, to append the following brief declaration.
The sole question before the Court in this phase of these proceedirigs
is whether, in viewof the cotnpromissory clause in the Exchaiige of Notes
95
DISSENTING OPINION OF JUDGE AD HOC MAVUNGU
[Translation]
Preliminary objections — Jurisdiction of the Court and admissibility of the
Application — Compromissory clauses — Necessary preconditions for seisin of
the Court — Existence of a dispute — Diplomatic negotiations — Recourse to
arbitration.
INTRODUCTION
86
SEPARATE OPINION OF JUDGE AD HOC DUGARD
Agreement with Judgment of the Court — Jus cogens has an important role
to play in litigation before the Court — Jus cogens is to be invoked as a guide
to the Court in the exercise of its judicial choice and not to overthrow a norm of
general international law accepted and recognized by the international commu-
nity of States as a whole — The argument that jus cogens confers jurisdiction
82
DECLARATION OF JUDGE ELARABY
Agreement with findings of the Court — Limitations of the international legal
system — Court precluded from the appropriate administration of justice —
Related cases based on different grounds of jurisdiction — Rwanda’s non-
recognition of the compulsory jurisdiction of the Court — Consensual nature of
the jurisdiction of the Court — Gravity of the situation in question –– Importance
of States’ acceptance of the compulsory jurisdiction of the Court.