Table 1: Breakdown of Judges Voting Figures 10 for and 4 against on the Question: Judges voting in Judges voting in Total of Judges voting Judges voting Affirmative and in Affirmative BUT in Affirmative against the Agreement On the Same Majority Separate Opinion. Grounds Affirmation 5 5 10 4 Table 2 How judges concurred and differed . Judges voting in Total of Judges holding of Judges voting in Affirmative and in different views on the question Affirmative Agreement On the Same before them Grounds 5 9 10 The above two sets of figures demonstrate that the ICJ opinion could not have the current international law with numerical supremacy. Furthermore, though the issues rising there-within were decided, but not with sufficient overwhelming general agreement among the judges. 6.8.3 Legal Principles ex Injuria Jus Non Obitur in Kosovo Judge Trindade justified the legitimacy of a unilateral secession, not only on the basis of developments in positive, codified conventions and on multilateral norm creating treaties aspired by the UN Charter but as well as on substantive international legal norms such as ex injuria jus non-obitur. It simply means that no state could derive legitimate benefit by breaching peremptory international legal norms. [A] ’ wrongful act cannot become a source of advantage, benefit, or else right for the
Table 1: Breakdown of Judges Voting Figures 10 for and 4 against on the Question: Judges voting in Affirmative and in Agreement On the Same Grounds Judges voting in Affirmative BUT Separate Opinion. Total of Judges voting in Affirmative Judges voting against the Majority Affirmation 5 5 10 4 Table 2 How judges concurred and differed . Judges voting in Affirmative and in Agreement On the Same Grounds Total of Judges holding different views on the question before them of Judges voting in Affirmative 5 9 10 The above two sets of figures demonstrate that the ICJ opinion could not have the current international law with numerical supremacy. Furthermore, though the issues rising there-within were decided, but not with sufficient overwhelming general agreement among the judges. 6.8.3 Legal Principles ex Injuria Jus Non Obitur in Kosovo Judge Trindade justified the legitimacy of a unilateral secession, not only on the basis of developments in positive, codified conventions and on multilateral norm creating treaties aspired by the UN Charter but as well as on substantive international legal norms such as ex injuria jus non-obitur. It simply means that no state could derive legitimate benefit by breaching peremptory international legal norms. ’ [A] wrongful act cannot become a source of advantage, benefit, or else right for the
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