(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 his post, the ICJ is always very considerate of the systemic effects of its own rulings. Indeed, it was highly unlikely that the Court would uphold the claim that international law allows individuals to seek redress against a State before the municipal courts of another…