A Primer on ICJ Procedure: A Commentary on Article 43 ICJ Statute

Bonn Research Papers on Public International Law No 2/2012

121 Pages Posted: 19 Mar 2012

See all articles by Stefan A. G. Talmon

Stefan A. G. Talmon

University of Bonn, Institute of Public International Law

Date Written: February 2, 2012

Abstract

The procedure before the International Court of Justice is governed, first and foremost, by Article 43 of the Court`s Statute, the Rules of Court, the Practice Directions and by the practice of the Court. The term ‘procedure’ describes the mode of conducting proceedings before the Court. In combining both oral and written phases of procedure the Court ‘marries the key features of the common and civil law systems’ thus allowing States, according to their own legal traditions, to lay greater emphasis on either of the two phases of the proceedings. The combination of the two phases is the basis for the sound administration of international justice. The Court’s procedure in contentious cases is characterized by the equality of the parties, the duality of the proceedings, the simplicity of the procedural rule and the flexibility in its application. The paper provides a detailed commentary on the rules governing the written and oral phase of the proceedings in contentious cases and the incidental proceedings on preliminary objections.

Suggested Citation

Talmon, Stefan A. G., A Primer on ICJ Procedure: A Commentary on Article 43 ICJ Statute (February 2, 2012). Bonn Research Papers on Public International Law No 2/2012. Available at SSRN: https://ssrn.com/abstract=1969900 or http://dx.doi.org/10.2139/ssrn.1969900

Stefan A. G. Talmon (Contact Author)

University of Bonn, Institute of Public International Law ( email )

Adenauerallee 24-42
D-53113 Bonn
Germany

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