Dissenting opinion of Judge Oda

DISSENTING OPINION OF JUDGE ODA

1.1regret that 1am unable to agree with any of the three points in the
operative part of the Judgrnent as 1 see the whole case from a different
viewpoint to that of the Court.

2. The crux of the case before us is simplein that, to use the expression
used by Libya in its Application, the United States "continues to adopt a
posture of pressuringLibya into surrenderingthe accused" and "is rather
intent on compelling the surrender of the accused".

Dissenting opinion of President Schwebel

DISSENTING OPINION OF PRESIDENT SCHWEBEL

1regret that 1am unable to agree with the Judgment of the Court. It is
arguable that the challenge of the Respondent to the jurisdiction of the
Court should not carry. But the reasons so terselystated by the Court are
conclusory rather than elucidatory, and, at most, are barely persuasive in
a subsidiary respect. In my view, the Court's conclusions on the admis-
sibilityof Libya'sApplication, and as to whether it has become moot, are
unpersuasive.

Declaration of Judge Herczegh (translation)

DECLARATION OF JUDGE HERCZEGH

[Translation]

1voted against paragraphs 2 (a) and (b), and 3 of the operative part,
for reasons similar tohose which werethe subject-matter of the declara-
tion which 1appended to the Judgment delivered today in the case con-
cerning Questionsof Interpretation and Application of the 1971Montreal
Conventionarisingfrom the Aerial Incident ut Lockerbie (Libyan Arab
Jamahiriya v. UnitedKingdom).
1therefore request the reader to refer to the text of that declaration.

Joint declaration of Judges Guillaume and Fleischhauer (English Original Text)

JOINT DECLARATION OF JUDGES GUILLAUME AND
FLEISCHHAUER

[English Original Text]

Article 79, paragraph 7, of the Rules of Court - Objection of mootness
havingan exclusively preliminary character.
Actions ofthe UnitedStates in order to obtainthe surrenderof the suspects
- Last substantivesubmissionof Libya directed againsttheseactions - Juris-
diction ofthe Courtinthis respect onlyto theextent that theactionsinquestion
would becontrary tothe Montreal Convention.

Dissenting opinion of Judge Morozov

DISSENTING OPINION OF JUDGE MOROZOV

1voted against paragraphs 1,2, 5 and 6 and in favour of paragraphs 3
and 4 of the operative part of the Judgment.Furthermore. there were some
points in the reasoning which 1 could not accept. and 1 would like to

explain the reasons for this.
1. 1consider that the long-established rules of generalinternational law
relating to the privileges, inviolabilities and immunities of diplornatic and

Links