Participation of Non-State Actors in ICJ Proceedings

Law and Practice of International Courts and Tribunals, 2012

Posted: 3 Nov 2011

See all articles by Yael Ronen

Yael Ronen

Hebrew University of Jerusalem - Hebrew University, Faculty of Law, Minerva Center for Human Rights; Academic Center for Science and Law, Hod Hasharon

Date Written: November 2, 2011

Abstract

This article examines the participation of non-state actors, and particularly non-state territorial entities and NGOs in ICJ proceedings from both a doctrinal and a practical perspective. An evaluation of the practice of the ICJ against the framework of its Statute sheds light both on the ICJ’s openness to the expanding variety of actors in the international arena, and on the characteristics of such actors that govern the extent to which the Court allows them access to proceedings. The study reveals remarkable flexibility on the part of the ICJ in allowing participation of NSAs in advisory opinions involving territorial entities aspiring to statehood or of otherwise indeterminate territorial status, but has remained largely closed to other participation of NSAs. The article proposes a framework for understanding the practice of the ICJ, based on the nature of the NSA, the content of the dispute, and procedural requirements of justice.

Keywords: ICJ, non-state actors, quasi-states, advisory opinions, amici curiae

Suggested Citation

Ronen, Yael, Participation of Non-State Actors in ICJ Proceedings (November 2, 2011). Law and Practice of International Courts and Tribunals, 2012, Available at SSRN: https://ssrn.com/abstract=1953515

Yael Ronen (Contact Author)

Hebrew University of Jerusalem - Hebrew University, Faculty of Law, Minerva Center for Human Rights ( email )

Mount Scopus
Jerusalem, 9190501
Israel

HOME PAGE: http://https://en.law.huji.ac.il/people/yael-ronen

Academic Center for Science and Law, Hod Hasharon ( email )

5 Margoa St.
Hod Hasharon, 45101
Israel

HOME PAGE: http://en.mishpat.ac.il/yael_ronen/

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