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ICJ: The Contentious Procedure

All UN member states are parties to the Statute of the International Court of Justice (ICJ), while some non-UN member states have access to the Court through special declarations recognizing its jurisdiction. Cases before the ICJ involve an applicant state submitting a case against a respondent state. These states are represented by agents when involved in ICJ cases. Proceedings generally consist of a written phase of memorials and counter-memorials exchanged by the parties, followed by an oral phase of public hearings where agents address the Court. After deliberating privately, the Court delivers a final judgment at a public sitting without the possibility of appeal.

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441 views

ICJ: The Contentious Procedure

All UN member states are parties to the Statute of the International Court of Justice (ICJ), while some non-UN member states have access to the Court through special declarations recognizing its jurisdiction. Cases before the ICJ involve an applicant state submitting a case against a respondent state. These states are represented by agents when involved in ICJ cases. Proceedings generally consist of a written phase of memorials and counter-memorials exchanged by the parties, followed by an oral phase of public hearings where agents address the Court. After deliberating privately, the Court delivers a final judgment at a public sitting without the possibility of appeal.

Uploaded by

CEMA2009
Copyright
© Attribution Non-Commercial (BY-NC)
Available Formats
Download as PDF, TXT or read online on Scribd
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All States Members of the United Nations

Are parties to the Statute of the Court


But are nor members of the UN
States which
E.g. Switzerland
States with Neither a Member of the UN
access to the While
Nor a party to the Statute of the ICJ
Court
Has deposited with the Registry a declaration
Any other State which
Meeting the Security Council's requirements
Accepting the jurisdiction of the Court
Undertaking to comply in good faith with the Court's decisions

Of the applicant and The State submitting an application is the applicant


the respondent The other State is the respondent

States have no permanent representatives accredited to the Court


When involved in a case, they are represented by an agent

Of the agent Its ambassador to the Netherlands


A senior civil servant
The agent may be
E.g. the Legal Adviser to the Ministry of Foreign Affairs

Proceedings

A written phase

The parties file and exchange pleadings


Varies from a few months to several years
The complexity of the case
Its duration
Depends on The number and size of written pleadings
The time limits for them requested by the parties
The contentious Written pleadings
procedure consist of
Memorial
First round
Counter-Memorial
The parties so request
Reply Only If The Court deems it necessary
Second round
Rejoinder

It consists of public hearings


An oral phase
Agents and counsels address the Court

The Court deliberates in camera


After the oral proceedings Then delivers its judgment at a public sitting

Final If one of the States involved fails to comply with it, the other
party may have recourse to the UN's Security Council
The judgment is Without appeal

Preliminary objections

Raised to contest the Court's competence to deliver a judgment on the merits of the case
Suspend the proceedings on the merits of the dispute

Give rise to a separate phase of the case Including a written and an oral stage

That the Court lacks jurisdiction


E.g.
That the application is inadmissible
Provisional measures
Incidental proceedings Does not prevent proceedings in a case from taking their course
Non-appearance The other party may then request the Court to adjudge in its favor

A third State may request permission to intervene during the proceedings


If it considers that it has a legal interest in the case
Intervention
It is for the Court to decide upon the request

May be submitted by the respondent State in its Counter-Memorial


It must have a direct link with the subject matter of the claim of the adverse party
Counter-claim Must fall within the jurisdiction of the Court
Its objective is to widen the original subject of the dispute

ICJ-II.mmap - 28/01/2009 -

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