Icj: The Contentious Procedure

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 access to the Court

While

Neither a Member of the UN Nor a party to the Statute of the ICJ

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 respondent

The State submitting an application is the applicant 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 Its ambassador to the Netherlands

Of the agent

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 procedure

Written pleadings consist of

Memorial

First round

Counter-Memorial The parties so request

Second round

Reply

Only If

The Court deems it necessary

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 If one of the States involved fails to comply with it, the other party may have recourse to the UN's Security Council

Final 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 E.g.

Including a written and an oral stage

That the Court lacks jurisdiction 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

Intervention

If it considers that it has a legal interest in the case 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 -