Joan Donoghue to replace Judge Buergenthal at the ICJ

Our friends over at Opinio Juris report that Joan Donoghue, Principle Deputy Legal Advisor of the State Department, has been nominated by the US national group of the PCA to replace Judge Buergenthal on the ICJ. If this report is true, and Opinio Juris refers to “reliable sources”, the nomination would be somewhat of a [...]

It’s official: Judge Thomas Buergenthal will resign from the ICJ

We have heard it before but today the ICJ confirmed that Judge Buergenthal will resign from the ICJ. Judge Buergenthal has been a member of the ICJ since March 2000 and was re-elected to serve a nine-year term beginning in February 2006. He was at the time of his election the first judge of US [...]

New vacancies at the ICJ

Six new positions as law clerk to judges of the ICJ have been announced on the ICJ website. Deadline for applications is 6 April 2010.

Zyberi on Self-Determination through the Lens of the ICJ

Our own Gentian Zyberi’s recent paper, ‘Self-Determination through the Lens of the International Court of Justice’, has now been published in the Netherlands International Law Review (2009) No. 56 pp. 429-453. Full abstract: This article focuses on the role and contribution of the International Court of Justice to developing and interpreting the right of peoples [...]

Honduran military government brings ICJ claim against Brazil

A press release from the ICJ Registrar has announced that an application has been filed by Honduras against Brazil.  The proceedings relate to “legal questions concerning diplomatic relations and associated with the principle of non-intervention” which allegedly arise from the fact that a number of Honduran exiles, including the ousted President, José Manuel Zelaya Rosales, [...]

UN Movie ‘Walled Horizons’ Marks Five Years to the ICJ Wall Opinion

July 2009 was the fifth year ‘anniversary’ of the International Court of Justice (ICJ) Advisory Opinion on the Consequences of the Construction of a Separation Wall in the occupied Palestinian territories, rendered by the Court on 9 June, 2004. In its Advisory Opinion, the ICJ found that the Israeli construction of the Wall within the [...]

Updates on the Activity of the International Court of Justice (January-February 2009)

Elections at the ICJ. On 6 February 2009 Judge Hisashi Owada (Japan) was elected President of the International Court of Justice (ICJ) by his peers and Judge Peter Tomka (Slovakia) was elected Vice-President, each for a term of three years. Elections were also held for the Chamber of Summary Procedure and of the Budgetary and [...]

Germany v Italy before the ICJ over WWII claims

 On December 23rd, the Federal Republic of Germany instituted proceedings against Italy before the International Court of Justice claiming that “Italian judicial bodies have repeatedly disregarded the jurisdictional immunity of Germany as a sovereign state.” (See the Press Release of the ICJ here, a Press Release from the German Parliament here.) The case was caused by [...]

Another new case for the International Court of Justice

The list of cases pending before the International Court of Justice (ICJ) continues to grow. Yesterday (17 November 2008) a new case was added to the docket when the Former Yugoslav Republic of Macedonia (FYRM) instituted proceedings against Greece. The case revolves around Greece’s objection to FYRM joining NATO which, according to FYRM, is in [...]

Election of judges to the International Court of Justice

Last week, the General Assembly and the Security Council elected five new members of the International Court of Justice (see press release). The elected judges are: Judge Awn Shawkat Al-Khasawneh (Jordan) and Ronny Abraham (France) who were both re-elected. Messrs. Antônio Augusto Cançado Trindade (Brazil), Christopher Greenwood (United Kingdom of Great Britain and Northern Ireland), [...]

Annual report of the ICJ and ICC

On October 30, the President of the International Court of Justice, Judge Rosalyn Higgins, and the President of the International Criminal Court, Judge Philippe Kirsch, addressed the United Nations General Assembly and presented the annual report for their respective courts. Judge Higgins was able to report that the past year was the most productive year [...]

Provisional Measures Indicated in Georgia v. Russia

Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation) Yesterday, 15 October, the International Court of Justice read during a public sitting its judgment on the request of Georgia to indicate provisional measures with regard to the situation in South-Ossetia. Due to the narrow vote it [...]

Georgia Requests Provisional Measures from the ICJ

Yesterday, on 14 August, Georgia filed with the Court a 10 page request for the indication of provisional measures. Georgia claimed that “Despite the withdrawal of Georgian armed forces and the unilateral declaration of a ceasefire, Russian military operations continued beyond South Ossetia into territories under Georgian government control”. It seems that the continued military [...]

ICJ orders provisional measures in US-Mexico dispute over interpretation of previous judgment

The International Court of Justice issued an order for provisional measures against the United States (US) on 16 July.  The Court ordered the US to take all necessary measures to ensure that Jose Medellin and other named Mexican nationals currently on death row in Texas were not executed pending the settlement of the dispute between [...]

Pragmatism distanced from principle, or disengaged politicking? A conference on IHL enforceability and a judgement of the Israeli Supreme Court*

A while ago, on June 1, 2008 I attended an international conference under the title ‘Complimenting IHL: Exploring the need for additional norms to govern contemporary conflict situations’ organised by the Minerva Center for Human Rights of the Hebrew University of Jerusalem and the ICRC. The question at stake was whether the problems created by [...]

ICJ delivers judgment in Case Concerning Mutual Assistance in Criminal Matters

The International Court of Justice (ICJ) delivered its judgment in the Case Concerning Mutual Assistance in Criminal Matters on 4 June 2008. This case is one of the few to have been decided by the Court on the basis of forum prorogatum whereby the jurisdiction of the Court is founded on the conduct of the [...]

International Court of Justice determines Malaysia/Singapore sovereignty dispute

The International Court of Justice delivered its judgment on 23 May in the Case Concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge. The case was jointly submitted by Singapore and Malaysia in 2003 by way of special agreement. Oral proceedings took place in November 2007 and the Court finally delivered its [...]

Germany recognizes the compulsory jurisdiction of the ICJ

Apparently, according to a press release of the German state department, the German government on 1. May handed over a declaration to the secretariat of the UN confirming its recognition of the compulsory jurisdiction of the International Court of Justice. For some reason, neither the ICJ itself nor the UN Secretariat issued a statement/press release [...]

Ecuador and Colombia go to court over crop-spraying

On 31 March 2008, Ecuador seised the International Court of Justice in a dispute with Colombia regarding alleged aerial spraying of toxic herbicides over Ecuadorian territory. Relations between Ecuador and Colombia have been somewhat strained in recent months. Diplomatic ties between the two countries were cut following a border incursion by Colombian troops who mounted [...]

Certain Questions of Assistance in Criminal Matters (Djibouti v. France)

Introduction. This is the second case, Certain Criminal Proceedings in France (Republic of the Congo v. France) being the first, in which France voluntarily consented to the jurisdiction of the Court. The hearings opened on 21 and finished on 29 January 2008. The Court has in the meanwhile started its deliberations and will render its [...]

Territorial and Maritime Dispute (Nicaragua v. Colombia), (Preliminary Objections), Judgment of 13 December 2007

Introduction This is a short commentary of the judgment on preliminary objections based on the ICJ’s press release No. 2007/30 of 13 December 2007. The case was brought before the ICJ by Nicaragua on 6 December 2001. Nicaragua argued that the dispute concerned inter alia the validity of the 1928 Treaty, the interpretation of the [...]

ICJ to deliver judgement on 13 December 2007

The International Court of Justice will deliver its judgment in the case concerning the Territorial and Maritime Dispute (Nicaragua v Colombia) on 13 December 2007 (see press release here). The judgment will merely deal with the preliminary objections by Colombia, regarding the jurisdiction of the Court. Stay tuned for an update here on International Law Observer [...]

Case Concerning Territorial and Maritime Dispute between Nicaragua and Honduras in the Caribbean Sea

On 8 October 2007, the International Court of Justice delivered its judgment in the Case Concerning Territorial and Maritime Dispute between Nicaragua and Honduras in the Caribbean Sea. The Case involved a dispute between Nicaragua and Honduras over the delimitation of their maritime boundary, as well as a sovereignty dispute over certain islands and cays [...]

ICJ to deliver Judgment on Monday 8 October 2007

The ICJ announced yesterday that it will deliver its Judgment in the case concerning Maritime Delimitation between Nicaragua and Honduras in the Caribbean Sea (Nicaragua v. Honduras) on Monday 8 October 2007 (see Press release). The following is a short history of the proceedings before the ICJ (see Press release 2006/31): On 8 December 1999 [...]

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