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On 27 April 2012, the General Assembly and the Security Council of the United Nations elected Mr. Dalveer Bhandari as a Member of the International Court of Justice (ICJ), with immediate effect. Of Indian nationality, Mr. Bhandari succeeds Mr. Awn Shawkat Al-Khasawneh (Jordan), former judge and Vice-President of the Court, who resigned last year. Pursuant to [...]
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* Prepared on the basis of ICJ Press Release No. 2012/13, 21 March 2012. The public hearings in the case concerning Questions Relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal) currently pending before the International Court of Justice (ICJ or Court) opened on Monday, 12 March, and concluded on Wednesday, 21 March 2012. [...]
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(cross-posted from EJIL:Talk) This is a reply to the post by Marko Milanovic entitled ‘Judging Judges: A Statistical Exercise’. His starting point is a paragraph by Andrea Bianchi’s post ‘On Certainty’ which speaks about certainty in international law, based on the ICJ’s decision in the Jurisdictional Immunities of the State case. As Bianchi notes in [...]
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The International Court of Justice (ICJ or Court) issued its eagerly-awaited judgment in the case Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening). This judgment basically holds that Italy has violated its obligation to respect the immunity enjoyed by Germany under international law. Here below follows the Court’s Press Release No. 2012/7 with [...]
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Election of the successor to Judge Al-Khasawneh (Jordan) fixed for 27 April 2012 The United Nations Security Council has fixed Friday 27 April 2012 as the date for the election, by the Security Council and the General Assembly, of a successor to Mr. Awn Shawkat Al-Khasawneh, former judge and Vice-President of the International Court of [...]
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Recently I read in the news that Croatia is going to withdraw its case against Serbia. This case was brought before the International Court of Justice in 1999 and is based on Article IX of the 1948 Genocide Convention. To be more precise, the application instituting proceedings was filed on 2 July 1999. Croatia claims [...]
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With one dispute between Costa Rica and Nicaragua already pending before the International Court of Justice , Nicaragua has initiated a new claim at the Court alleging that Costa Rica has caused transboundary pollution through the construction of a road on the border of the two countries.
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Two great international lawyers from Africa, Ms. Fatou Bensuda (Gambia) and Ms. Julia Sebutinde (Uganda), have been elected respectively as Prosecutor of the International Criminal Court (ICC) and as Judge of the International Court of Justice (ICJ). Both these African women have had a distinguished career in the area of international legal practice (for their [...]
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The Report of the International Court of Justice (ICJ) for the period from 1 August 2010 to 31 July 2011 was presented before the General Assembly of the UN on 26 October 2011 by the ICJ President, Judge Owada. In his speech Judge Owada pointed out that the cases before the Court have involved States [...]
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Today the ICJ delivered its judgment which is final, without appeal and binding on the Parties, in the case Application of the Interim Accord of 13 September 1995 (the former Yugoslav Republic of Macedonia v. Greece). The press release can be accessed here, the judgment (52 pages) here, and a summary here. Judge Xue appended a [...]
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The International Court of Justice (ICJ) will deliver its judgment in the case concerning Application of the Interim Accord of 13 September 1995 (the former Yugoslav Republic of Macedonia v. Greece) on Monday, 5 December 2011 (for more information see the Court’s press release here). The case started on 17 November 2008, with the former [...]
Filed under: ICJ, International Court of Justice, Public International Law, States, United Nations | 8 Comments »
The voting for the new members of the ICJ took place on 10 November, at the UN headquarters in New York. Candidates need to obtain an absolute majority both at the General Assembly and at the Security Council (ICJ Statute, Article 10). Judges Hisashi Owada (Japan), Peter Tomka (Slovakia) and Xue Hanqin (China) were re-elected [...]
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Background and history of the proceedings The hearings in the inter-State Georgia v. Russia (II) case (application no. 38263/08) before the European Court of Human Rights (ECtHR) were held on 22 September 2011. The webcast of the hearings is available here. For a complete list of inter-State cases before the ECtHR see here. The formal [...]
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The UN News Centre reports that the small island state of Palau plans to seek an advisory opinion from the ICJ in relation to climate change. While the exact details of the plan is not yet clear, this is indeed a significant development. The ICJ has on previous occasions ruled that, while states have the [...]
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Background of the case and history of the legal proceedings In its application of 23 December 2008 Germany brought a complaint before the International Court of Justice (ICJ), claiming that in recent years, Italian judicial bodies repeatedly disregarded its jurisdictional immunity as a sovereign State. According to Germany, the critical stage of that development was [...]
Filed under: ICJ, Human Rights, Public International Law, United Nations, International Humanitarian Law, Responsibility to protect, Law of Treaties, International Court of Justice | 2 Comments »
The International Court of Justice (ICJ) will hold public hearings on Monday 30 and Tuesday 31 May 2011 in the case concerning the Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand). These hearings concern the request for the [...]
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On 28 April 2011 Cambodia requested the International Court of Justice (ICJ or Court) for an interpretation of its Judgment rendered on 15 June 1962 in the border dispute case concerning the Temple of Preah Vihear (Cambodia v. Thailand) after tensions with Thailand flared up again along that part of the border. Seemingly, we are [...]
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In its judgment delivered today the ICJ found that it had no jurisdiction to entertain the Application filed by Georgia on 12 August 2008. From the issuing by the Court on 15 October 2008 of its Order indicating provisional measures I had a feeling that the case would not go further than the preliminary objections [...]
Filed under: Caucasus Crises, Human Rights, ICJ, International Court of Justice, Public International Law, United Nations | 2 Comments »
The following is a guest post by Alexandros X.M. Ntovas, Doctoral Grantee in Public International Law, University of Southampton School of Law. In reading the recent advisory opinion of the International Court of Justice regarding the unilateral declaration of independence of Kosovo,[1] one is compelled to reach the oxymoron conclusion that the latter since the [...]
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Yes, if we are to believe David Andrews, former legal advisor to the US state department and member of the US national group at the Permanent Court of Arbitration. If you want to see more on this, check out this weeks Clip of the Week, which is taken from an ASIL reception honoring Joan E. [...]
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Solon Solomon, The Justiciability of International Disputes – The Advisory Opinion of Israel’s Security Fence as a Case Study (Jerusalem: Wolf Legal Publishers, 2009) ISBN: 978-90-5850-437-1 By Dr. Fozia Nazir Lone Assistant Professor, City University of Hong Kong, fnlone@cityu.edu.hk Solon Solomon, in this book presents a comprehensive legal description on the justiciability of international disputes. [...]
Filed under: Book review, Human Rights, ICJ, International and national law, International Court of Justice, International Courts, International Humanitarian Law, international justice, International terrorism, Middle East Crisis, Public International Law, Responsibility to protect, United Nations | 1 Comment »
The website of the ICJ stills seems to be overwhelmed by users so here is the advisory opinion as a pdf: ICJ Advisory Opinion Kosovo. More coverage will follow.
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A brief summary of the Advisory Opinion of 22 July 2010 in the Kosovo case As customary, the Court dealt first with the issue of whether it had jurisdiction and in turn whether it should exercise its discretion and refuse to answer the question (paras. 17-48). This part is rather interesting in that it clarifies [...]
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The advisory opinion of the International Court of Justice in the Kosovo case will be delivered on 22 July, at 3.00 p.m, by the President of the Court, H.E. Hisashi Owada. The question about the legality of Kosovo’s declaration of independence of 17 February 2008 was submitted to the Court through resolution 63/3 (A/63/L.2) of [...]
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