国际法院规约英文版

S

TATUTE OF THE

C

OURT

The Statute of the International Court of Justice is annexed to the Charter of the United

Nations, of which it forms an integral part. The main object of the Statute is to organize the

composition and the functioning of the Court.

The Statute can be amended only in the same way as the Charter, i.e., by a two-thirds

majority vote in the General Assembly and ratification by two-thirds of the States (Art 69).

Should the ICJ consider it desirable for its Statute to be amended, it must submit a

proposal to this effect to the General Assembly by means of a written communication

addressed to the Secretary-General of the United Nations (Art 70). However, there has

hitherto been no amendment of the Statute of the Court.

STATUTE

OF

THE

INTERNATIONAL

COURT

OF

JUSTICE

TABLE OF CONTENTS:

Chapter I: Organization of the Court (Articles 2 - 33)

Chapter II: Competence of the Court (Articles 34 - 38)

Chapter III: Procedure (Articles 39 - 64)

Chapter IV: Advisory Opinions (Articles 65 - 68)

Chapter V: Amendment (Articles 69 & 70)

Article 1

The International Court of Justice established by the Charter of the United Nations as the

principal judicial organ of the United Nations shall be constituted and shall function in

accordance with the provisions of the present Statute.

CHAPTER I - ORGANIZATION OF THE COURT

Article 2

The Court shall be composed of a body of independent judges, elected regardless of their

nationality from among persons of high moral character, who possess the qualifications

required in their respective countries for appointment to the highest judicial offices, or are

jurisconsults of recognized competence in international law.

Article 3

1. The Court shall consist of fifteen members, no two of whom may be nationals of the

same state.

2. A person who for the purposes of membership in the Court could be regarded as a

national of more than one state shall be deemed to be a national of the one in which he

ordinarily exercises civil and political rights.

Article 4

1. The members of the Court shall be elected by the General Assembly and by the

Security Council from a list of persons nominated by the national groups in the Permanent

Court of Arbitration, in accordance with the following provisions.

2. In the case of Members of the United Nations not represented in the Permanent Court

of Arbitration, candidates shall be nominated by national groups appointed for this

purpose by their governments under the same conditions as those prescribed for

members of the Permanent Court of Arbitration by Article 44 of the Convention of The

Hague of 1907 for the pacific settlement of international disputes.

3. The conditions under which a state which is a party to the present Statute but is not a

Member of the United Nations may participate in electing the members of the Court shall,

in the absence of a special agreement, be laid down by the General Assembly upon

recommendation of the Security Council.

Article 5

1. At least three months before the date of the election, the Secretary-General of the

United Nations shall address a written request to the members of the Permanent Court of

Arbitration belonging to the states which are parties to the present Statute, and to the

members of the national groups appointed under Article 4, paragraph 2, inviting them to

undertake, within a given time, by national groups, the nomination of persons in a position

to accept the duties of a member of the Court.

2. No group may nominate more than four persons, not more than two of whom shall be of

their own nationality. In no case may the number of candidates nominated by a group be

more than double the number of seats to be filled.

Article 6

Before making these nominations, each national group is recommended to consult its

highest court of justice, its legal faculties and schools of law, and its national academies

and national sections of international academies devoted to the study of law.

Article 7

1. The Secretary- General shall prepare a list in alphabetical order of all the persons thus

nominated. Save as provided in Article 12, paragraph 2, these shall be the only persons

eligible.

2. The Secretary-General shall submit this list to the General Assembly and to the

Security Council.

Article 8

The General Assembly and the Security Council shall proceed independently of one

another to elect the members of the Court.

Article 9

At every election, the electors shall bear in mind not only that the persons to be elected

should individually possess the qualifications required, but also that in the body as a

whole the representation of the main forms of civilization and of the principal legal

systems of the world should be assured.

Article 10

1. Those candidates who obtain an absolute majority of votes in the General Assembly

and in the Security Council shall be considered as elected.

2. Any vote of the Security Council, whether for the election of judges or for the

appointment of members of the conference envisaged in Article 12, shall be taken without

any distinction between permanent and non-permanent members of the Security Council.

3. In the event of more than one national of the same state obtaining an absolute majority

of the votes both of the General Assembly and of the Security Council, the eldest of these

only shall be considered as elected.

Article 11

If, after the first meeting held for the purpose of the election, one or more seats remain to

be filled, a second and, if necessary, a third meeting shall take place.

Article 12

1. If, after the third meeting, one or more seats still remain unfilled, a joint conference

consisting of six members, three appointed by the General Assembly and three by the

Security Council, may be formed at any time at the request of either the General

Assembly or the Security Council, for the purpose of choosing by the vote of an absolute

majority one name for each seat still vacant, to submit to the General Assembly and the

Security Council for their respective acceptance.

2. If the joint conference is unanimously agreed upon any person who fulfills the required

conditions, he may be included in its list, even though he was not included in the list of

nominations referred to in Article 7.

3. If the joint conference is satisfied that it will not be successful in procuring an election,

those members of the Court who have already been elected shall, within a period to be

fixed by the Security Council, proceed to fill the vacant seats by selection from among

those candidates who have obtained votes either in the General Assembly or in the

Security Council.

4. In the event of an equality of votes among the judges, the eldest judge shall have a

casting vote.

Article 13

1. The members of the Court shall be elected for nine years and may be re-elected;

provided, however, that of the judges elected at the first election, the terms of five judges

shall expire at the end of three years and the terms of five more judges shall expire at the

end of six years.

2. The judges whose terms are to expire at the end of the above-mentioned initial periods

of three and six years shall be chosen by lot to be drawn by the Secretary-General

immediately after the first election has been completed.

3. The members of the Court shall continue to discharge their duties until their places

have been filled. Though replaced, they shall finish any cases which they may have

begun.

4. In the case of the resignation of a member of the Court, the resignation shall be

addressed to the President of the Court for transmission to the Secretary-General. This

last notification makes the place vacant.

Article 14

Vacancies shall be filled by the same method as that laid down for the first election,

subject to the following provision: the Secretary-General shall, within one month of the

occurrence of the vacancy, proceed to issue the invitations provided for in Article 5, and

the date of the election shall be fixed by the Security Council.

Article 15

A member of the Court elected to replace a member whose term of office has not expired

shall hold office for the remainder of his predecessor's term.

Article 16

1. No member of the Court may exercise any political or administrative function, or

engage in any other occupation of a professional nature.

2. Any doubt on this point shall be settled by the decision of the Court.

Article 17

1. No member of the Court may act as agent, counsel, or advocate in any case.

2. No member may participate in the decision of any case in which he has previously

taken part as agent, counsel, or advocate for one of the parties, or as a member of a

national or international court, or of a commission of enquiry, or in any other capacity.

3. Any doubt on this point shall be settled by the decision of the Court.

Article 18

1. No member of the Court can be dismissed unless, in the unanimous opinion of the

other members, he has ceased to fulfill the required conditions.

2. Formal notification thereof shall be made to the Secretary-General by the Registrar.

3. This notification makes the place vacant.

Article 19

The members of the Court, when engaged on the business of the Court, shall enjoy

diplomatic privileges and immunities.

Article 20

Every member of the Court shall, before taking up his duties, make a solemn declaration

in open court that he will exercise his powers impartially and conscientiously.

Article 21

1. The Court shall elect its President and Vice-President for three years; they may be

re-elected.

2. The Court shall appoint its Registrar and may provide for the appointment of such other

officers as may be necessary.

Article 22

1. The seat of the Court shall be established at The Hague. This, however, shall not

prevent the Court from sitting and exercising its functions elsewhere whenever the Court

considers it desirable.

2. The President and the Registrar shall reside at the seat of the Court.

Article 23

1. The Court shall remain permanently in session, except during the judicial vacations, the

dates and duration of which shall be fixed by the Court.

2. Members of the Court are entitled to periodic leave, the dates and duration of which

shall be fixed by the Court, having in mind the distance between The Hague and the home

of each judge.

3. Members of the Court shall be bound, unless they are on leave or prevented from

attending by illness or other serious reasons duly explained to the President, to hold

themselves permanently at the disposal of the Court.

Article 24

1. If, for some special reason, a member of the Court considers that he should not take

part in the decision of a particular case, he shall so inform the President.

2. If the President considers that for some special reason one of the members of the Court

should not sit in a particular case, he shall give him notice accordingly.

3. If in any such case the member Court and the President disagree, the matter shall be

settled by the decision of the Court.

Article 25

1. The full Court shall sit except when it is expressly provided otherwise in the present

Statute.

2. Subject to the condition that the number of judges available to constitute the Court is

not thereby reduced below eleven, the Rules of the Court may provide for allowing one or

more judges, according to circumstances and in rotation, to be dispensed from sitting.

3. A quorum of nine judges shall suffice to constitute the Court.

Article 26

1. The Court may from time to time form one or more chambers, composed of three or

more judges as the Court may determine, for dealing with particular categories of cases;

for example, labour cases and cases relating to transit and communications.

2. The Court may at any time form a chamber for dealing with a particular case. The

number of judges to constitute such a chamber shall be determined by the Court with the

approval of the parties.

3. Cases shall be heard and determined by the chambers provided for in this article if the

parties so request.

Article 27

A judgment given by any of the chambers provided for in Articles 26 and 29 shall be

considered as rendered by the Court.

Article 28

The chambers provided for in Articles 26 and 29 may, with the consent of the parties, sit

and exercise their functions elsewhere than at The Hague.

Article 29

With a view to the speedy dispatch of business, the Court shall form annually a chamber

composed of five judges which, at the request of the parties, may hear and determine

cases by summary procedure. In addition, two judges shall be selected for the purpose of

replacing judges who find it impossible to sit.

Article 30

1. The Court shall frame rules for carrying out its functions. In particular, it shall lay down

rules of procedure.

2. The Rules of the Court may provide for assessors to sit with the Court or with any of its

chambers, without the right to vote.

Article 31

1. Judges of the nationality of each of the parties shall retain their right to sit in the case

before the Court.

2. If the Court includes upon the Bench a judge of the nationality of one of the parties, any

other party may choose a person to sit as judge. Such person shall be chosen preferably

from among those persons who have been nominated as candidates as provided in

Articles 4 and 5.

3. If the Court includes upon the Bench no judge of the nationality of the parties, each of

these parties may proceed to choose a judge as provided in paragraph 2 of this Article.

4. The provisions of this Article shall apply to the case of Articles 26 and 29. In such cases,

the President shall request one or, if necessary, two of the members of the Court forming

the chamber to give place to the members of the Court of the nationality of the parties

concerned, and, failing such, or if they are unable to be present, to the judges specially

chosen by the parties.

5. Should there be several parties in the same interest, they shall, for the purpose of the

preceding provisions, be reckoned as one party only. Any doubt upon this point shall be

settled by the decision of the Court.

6. Judges chosen as laid down in paragraphs 2, 3, and 4 of this Article shall fulfill the

conditions required by Articles 2, 17 (paragraph 2), 20, and 24 of the present Statute.

They shall take part in the decision on terms of complete equality with their colleagues.

Article 32

1. Each member of the Court shall receive an annual salary.

2. The President shall receive a special annual allowance.

3. The Vice-President shall receive a special allowance for every day on which he acts as

President.

4. The judges chosen under Article 31, other than members of the Court, shall receive

compensation for each day on which they exercise their functions.

5. These salaries, allowances, and compensation shall be fixed by the General Assembly.

They may not be decreased during the term of office.

6. The salary of the Registrar shall be fixed by the General Assembly on the proposal of

the Court.

7. Regulations made by the General Assembly shall fix the conditions under which

retirement pensions may be given to members of the Court and to the Registrar, and the

conditions under which members of the Court and the Registrar shall have their travelling

expenses refunded.

8. The above salaries, allowances, and compensation shall be free of all taxation.

Article 33

The expenses of the Court shall be borne by the United Nations in such a manner as shall

be decided by the General Assembly.

CHAPTER II - COMPETENCE OF THE COURT

Article 34

1. Only states may be parties in cases before the Court.

2. The Court, subject to and in conformity with its Rules, may request of public

international organizations information relevant to cases before it, and shall receive such

information presented by such organizations on their own initiative.

3. Whenever the construction of the constituent instrument of a public international

organization or of an international convention adopted thereunder is in question in a case

before the Court, the Registrar shall so notify the public international organization

concerned and shall communicate to it copies of all the written proceedings.

Article 35

1. The Court shall be open to the states parties to the present Statute.

2. The conditions under which the Court shall be open to other states shall, subject to the

special provisions contained in treaties in force, be laid down by the Security Council, but

in no case shall such conditions place the parties in a position of inequality before the

Court.

3. When a state which is not a Member of the United Nations is a party to a case, the

Court shall fix the amount which that party is to contribute towards the expenses of the

Court. This provision shall not apply if such state is bearing a share of the expenses of the

Court

Article 36

1. The jurisdiction of the Court comprises all cases which the parties refer to it and all

matters specially provided for in the Charter of the United Nations or in treaties and

conventions in force.

2. The states parties to the present Statute may at any time declare that they recognize as

compulsory ipso facto and without special agreement, in relation to any other state

accepting the same obligation, the jurisdiction of the Court in all legal disputes concerning:

a. the interpretation of a treaty;

b. any question of international law;

c. the existence of any fact which, if established, would constitute a breach of an

international obligation;

d. the nature or extent of the reparation to be made for the breach of an international

obligation.

3. The declarations referred to above may be made unconditionally or on condition of

reciprocity on the part of several or certain states, or for a certain time.

4. Such declarations shall be deposited with the Secretary-General of the United Nations,

who shall transmit copies thereof to the parties to the Statute and to the Registrar of the

Court.

5. Declarations made under Article 36 of the Statute of the Permanent Court of

International Justice and which are still in force shall be deemed, as between the parties

to the present Statute, to be acceptances of the compulsory jurisdiction of the

International Court of Justice for the period which they still have to run and in accordance

with their terms.

6. In the event of a dispute as to whether the Court has jurisdiction, the matter shall be

settled by the decision of the Court.

Article 37

Whenever a treaty or convention in force provides for reference of a matter to a tribunal to

have been instituted by the League of Nations, or to the Permanent Court of International

Justice, the matter shall, as between the parties to the present Statute, be referred to the

International Court of Justice.

Article 38

1. The Court, whose function is to decide in accordance with international law such

disputes as are submitted to it, shall apply:

a. international conventions, whether general or particular, establishing rules expressly

recognized by the contesting states;

b. international custom, as evidence of a general practice accepted as law;

c. the general principles of law recognized by civilized nations;

d. subject to the provisions of Article 59, judicial decisions and the teachings of the most

highly qualified publicists of the various nations, as subsidiary means for the

determination of rules of law.

2. This provision shall not prejudice the power of the Court to decide a case

ex aequo et

bono

, if the parties agree thereto.

CHAPTER III - PROCEDURE

Article 39

1. The official languages of the Court shall be French and English. If the parties agree that

the case shall be conducted in French, the judgment shall be delivered in French. If the

parties agree that the case shall be conducted in English, the judgment shall be delivered

in English.

2. In the absence of an agreement as to which language shall be employed, each party

may, in the pleadings, use the language which it prefers; the decision of the Court shall be

given in French and English. In this case the Court shall at the same time determine which

of the two texts shall be considered as authoritative.

3. The Court shall, at the request of any party, authorize a language other than French or

English to be used by that party.

Article 40

1. Cases are brought before the Court, as the case may be, either by the notification of the

special agreement or by a written application addressed to the Registrar. In either case

the subject of the dispute and the parties shall be indicated.

2. The Registrar shall forthwith communicate the application to all concerned.

3. He shall also notify the Members of the United Nations through the Secretary-General,

and also any other states entitled to appear before the Court.

Article 41

1. The Court shall have the power to indicate, if it considers that circumstances so require,

any provisional measures which ought to be taken to preserve the respective rights of

either party.

2. Pending the final decision, notice of the measures suggested shall forthwith be given to

the parties and to the Security Council.

Article 42

1. The parties shall be represented by agents.

2. They may have the assistance of counsel or advocates before the Court.

3. The agents, counsel, and advocates of parties before the Court shall enjoy the

privileges and immunities necessary to the independent exercise of their duties.

Article 43

1. The procedure shall consist of two parts: written and oral.

2. The written proceedings shall consist of the communication to the Court and to the

parties of memorials, counter-memorials and, if necessary, replies; also all papers and

documents in support.

3. These communications shall be made through the Registrar, in the order and within the

time fixed by the Court.

4. A certified copy of every document produced by one party shall be communicated to the

other party.

5. The oral proceedings shall consist of the hearing by the Court of witnesses, experts,

agents, counsel, and advocates.

Article 44

1. For the service of all notices upon persons other than the agents, counsel, and

advocates, the Court shall apply direct to the government of the state upon whose territory

the notice has to be served.

2. The same provision shall apply whenever steps are to be taken to procure evidence on

the spot.

Article 45

The hearing shall be under the control of the President or, if he is unable to preside, of the

Vice- President; if neither is able to preside, the senior judge present shall preside.

Article 46

The hearing in Court shall be public, unless the Court shall decide otherwise, or unless the

parties demand that the public be not admitted .

Article 47

1. Minutes shall be made at each hearing and signed by the Registrar and the President.

2. These minutes alone shall be authentic.

Article 48

The Court shall make orders for the conduct of the case, shall decide the form and time in

which each party must conclude its arguments, and make all arrangements connected

with the taking of evidence.

Article 49

The Court may, even before the hearing begins, call upon the agents to produce any

document or to supply any explanations. Formal note shall be taken of any refusal.

Article 50

The Court may, at any time, entrust any individual, body, bureau, commission, or other

organization that it may select, with the task of carrying out an enquiry or giving an expert

opinion.

Article 51

During the hearing any relevant questions are to be put to the witnesses and experts

under the conditions laid down by the Court in the rules of procedure referred to in Article

30.

Article 52

After the Court has received the proofs and evidence within the time specified for the

purpose, it may refuse to accept any further oral or written evidence that one party may

desire to present unless the other side consents.

Article 53

1. Whenever one of the parties does not appear before the Court, or fails to defend its

case, the other party may call upon the Court to decide in favour of its claim.

2. The Court must, before doing so, satisfy itself, not only that it has jurisdiction in

accordance with Articles 36 and 37, but also that the claim is well founded in fact and law.

Article 54

1. When, subject to the control of the Court, the agents, counsel, and advocates have

completed their presentation of the case, the President shall declare the hearing closed.

2. The Court shall withdraw to consider the judgment.

3. The deliberations of the Court shall take place in private and remain secret.

Article 55

1. All questions shall be decided by a majority of the judges present.

2. In the event of an equality of votes, the President or the judge who acts in his place

shall have a casting vote.

Article 56

1. The judgment shall state the reasons on which it is based.

2. It shall contain the names of the judges who have taken part in the decision.

Article 57

If the judgment does not represent in whole or in part the unanimous opinion of the judges,

any judge shall be entitled to deliver a separate opinion.

Article 58

The judgment shall be signed by the President and by the Registrar. It shall be read in

open court, due notice having been given to the agents.

Article 59

The decision of the Court has no binding force except between the parties and in respect

of that particular case.

Article 60

The judgment is final and without appeal. In the event of dispute as to the meaning or

scope of the judgment, the Court shall construe it upon the request of any party.

Article 61

1. An application for revision of a judgment may be made only when it is based upon the

discovery of some fact of such a nature as to be a decisive factor, which fact was, when

the judgment was given, unknown to the Court and also to the party claiming revision,

always provided that such ignorance was not due to negligence.

2. The proceedings for revision shall be opened by a judgment of the Court expressly

recording the existence of the new fact, recognizing that it has such a character as to lay

the case open to revision, and declaring the application admissible on this ground.

3. The Court may require previous compliance with the terms of the judgment before it

admits proceedings in revision.

4. The application for revision must be made at latest within six months of the discovery of

the new fact.

5. No application for revision may be made after the lapse of ten years from the date of the

judgment.

Article 62

l. Should a state consider that it has an interest of a legal nature which may be affected by

the decision in the case, it may submit a request to the Court to be permitted to intervene.

2 It shall be for the Court to decide upon this request.

Article 63

1. Whenever the construction of a convention to which states other than those concerned

in the case are parties is in question, the Registrar shall notify all such states forthwith.

2. Every state so notified has the right to intervene in the proceedings; but if it uses this

right, the construction given by the judgment will be equally binding upon it.

Article 64

Unless otherwise decided by the Court, each party shall bear its own costs.

CHAPTER IV - ADVISORY OPINIONS

Article 65

1. The Court may give an advisory opinion on any legal question at the request of

whatever body may be authorized by or in accordance with the Charter of the United

Nations to make such a request.

2. Questions upon which the advisory opinion of the Court is asked shall be laid before the

Court by means of a written request containing an exact statement of the question upon

which an opinion is required, and accompanied by all documents likely to throw light upon

the question.

Article 66

1. The Registrar shall forthwith give notice of the request for an advisory opinion to all

states entitled to appear before the Court.

2. The Registrar shall also, by means of a special and direct communication, notify any

state entitled to appear before the Court or international organization considered by the

Court, or, should it not be sitting, by the President, as likely to be able to furnish

information on the question, that the Court will be prepared to receive, within a time- limit to

be fixed by the President, written statements, or to hear, at a public sitting to be held for

the purpose, oral statements relating to the question.

3. Should any such state entitled to appear before the Court have failed to receive the

special communication referred to in paragraph 2 of this Article, such state may express a

desire to submit a written statement or to be heard; and the Court will decide.

4. States and organizations having presented written or oral statements or both shall be

permitted to comment on the statements made by other states or organizations in the form,

to the extent, and within the time-limits which the Court, or, should it not be sitting, the

President, shall decide in each particular case. Accordingly, the Registrar shall in due time

communicate any such written statements to states and organizations having submitted

similar statements.

Article 67

The Court shall deliver its advisory opinions in open court, notice having been given to the

Secretary-General and to the representatives of Members of the United Nations, of other

states and of international organizations immediately concerned.

Article 68

In the exercise of its advisory functions the Court shall further be guided by the provisions

of the present Statute which apply in contentious cases to the extent to which it

recognizes them to be applicable.

CHAPTER V - AMENDMENT

Article 69

Amendments to the present Statute shall be effected by the same procedure as is

provided by the Charter of the United Nations for amendments to that Charter, subject

however to any provisions which the General Assembly upon recommendation of the

Security Council may adopt concerning the participation of states which are parties to the

present Statute but are not Members of the United Nations.

Article 70

The Court shall have power to propose such amendments to the present Statute as it may

deem necessary, through written communications to the Secretary-General, for

consideration in conformity with the provisions of Article 69.

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R

ULES OF

C

OURT

Article 30 of the Statute of the International Court of Justice provides that

frame rules for carrying out its functions

general rules set forth in the Statute and to make detailed provision for the steps to be

taken to comply with them.

RULES OF COURT (1978)

ADOPTED ON 14 APRIL 1978 AND ENTERED

INTO FORCE ON 1 JULY 1978

1

PREAMBLE

*

The Court,

Having regard to Chapter XIV of the Charter of the United Nations;

Having regard to the Statute of the Court annexed thereto;

Acting in pursuance of Article 30 of the Statute;

Adopts the following Rules.

__________

*

Amendment entered into force on 14 April 2005.

[1]

Any amendments to the Rules of Court, following their adoption by the Court, are now

posted on the Court

抯

website, with an indication of the date of their entry into force

and a note of any temporal reservations relating to their applicability (for example,

whether the application of the amended rule is limited to cases instituted after the date

of entry into force of the amendment);

they are also published in the Court

抯

Yearbook

.

Articles amended since 1 July 1978 are marked with an asterisk and

appear in their amended form.

PART I

THE COURT

SECTION A. JUDGES AND ASSESSORS

Subsection 1. The Members of the Court

Article 1

1. The Members of the Court are the judges elected in accordance with Articles 2

to 15 of the Statute.

2. For the purposes of a particular case, the Court may also include upon the

Bench one or more persons chosen under Article 31 of the Statute to sit as judges

ad hoc

.

3. In the following Rules, the term

揗

ember of the Court?denotes any elected

judge;

the term

搄

udge?denotes any Member of the Court, and any judge

ad hoc

.

Article 2

1. The term of office of Members of the Court elected at a triennial election shall

begin to run from the sixth of February

1

in the year in which the vacancies to which they

are elected occur.

2. The term of office of a Member of the Court elected to replace a Member whose

term of office has not expired shall begin to run from the date of the election.

__________

[1]

This is the date on which the terms of office of the Members of the Court elected at the

first election began in 1946.

Article 3

1. The Members of the Court, in the exercise of their functions, are of equal status,

irrespective of age, priority of election or length of service.

2. The Members of the Court shall, except as provided in paragraphs 4 and 5 of

this Article, take precedence according to the date on which their terms of office

respectively began, as provided for by Article 2 of these Rules.

3. Members of the Court whose terms of office began on the same date shall take

precedence in relation to one another according to seniority of age.

4. A Member of the Court who is re- elected to a new term of office which is

continuous with his previous term shall retain his precedence.

5. The President and the Vice-President of the Court, while holding these offices,

shall take precedence before all other Members of the Court.

6. The Member of the Court who, in accordance with the foregoing paragraphs,

takes precedence next after the President and the Vice-President is in these Rules

designated the

搒

enior judge?

If that Member is unable to act, the Member of the Court

who is next after him in precedence and able to act is considered as senior judge.

Article 4

1. The declaration to be made by every Member of the Court in accordance with

Article 20 of the Statute shall be as follows:

揑

solemnly declare that I will perform my duties and exercise my powers as judge

honourably, faithfully, impartially and conscientiously.?/span>

2. This declaration shall be made at the first public sitting at which the Member of

the Court is present.

Such sitting shall be held as soon as practicable after his term of

office begins and, if necessary, a special sitting shall be held for the purpose.

3. A Member of the Court who is re-elected shall make a new declaration only if his

new term is not continuous with his previous one.

Article 5

1. A Member of the Court deciding to resign shall communicate his decision to the

President, and the resignation shall take effect as provided in Article 13, paragraph 4, of

the Statute.

2. If the Member of the Court deciding to resign from the Court is the President, he

shall communicate his decision to the Court, and the resignation shall take effect as

provided in Article 13, paragraph 4, of the Statute.

Article 6

In any case in which the application of Article 18 of the Statute is under

consideration, the Member of the Court concerned shall be so informed by the President

or, if the circumstances so require, by the Vice-President, in a written statement which

shall include the grounds therefor and any relevant evidence.

He shall subsequently, at a

private meeting of the Court specially convened for the purpose, be afforded an

opportunity of making a statement, of furnishing any information or explanations he

wishes to give, and of supplying answers, orally or in writing, to any questions put to

him.

At a further private meeting, at which the Member of the Court concerned shall not

be present, the matter shall be discussed;

each Member of the Court shall state his

opinion, and if requested a vote shall be taken.

Subsection 2. Judges ad hoc

Article 7

1. Judges

ad hoc

, chosen under Article 31 of the Statute for the purposes of

particular cases, shall be admitted to sit on the Bench of the Court in the circumstances

and according to the procedure indicated in Article 17, paragraph 2, Articles 35, 36, 37,

Article 91, paragraph 2, and Article 102, paragraph 3, of these Rules.

2. They shall participate in the case in which they sit on terms of complete equality

with the other judges on the Bench.

3. Judges

ad hoc

shall take precedence after the Members of the Court and in

order of seniority of age.

Article 8

1. The solemn declaration to be made by every judge

ad hoc

in accordance with

Articles 20 and 31, paragraph 6, of the Statute shall be as set out in Article 4, paragraph 1,

of these Rules.

2. This declaration shall be made at a public sitting in the case in which the judge

ad hoc

is participating.

If the case is being dealt with by a chamber of the Court, the

declaration shall be made in the same manner in that chamber.

3. Judges

ad hoc

shall make the declaration in relation to any case in which they

are participating, even if they have already done so in a previous case, but shall not make

a new declaration for a later phase of the same case.

Subsection 3. Assessors

Article 9

1. The Court may, either

proprio motu

or upon a request made not later than the

closure of the written proceedings, decide, for the purpose of a contentious case or

request for advisory opinion, to appoint assessors to sit with it without the right to vote.

2. When the Court so decides, the President shall take steps to obtain all the

information relevant to the choice of the assessors.

3. The assessors shall be appointed by secret ballot and by a majority of the votes

of the judges composing the Court for the case.

4. The same powers shall belong to the chambers provided for by Articles 26

and 29 of the Statute and to the presidents thereof, and may be exercised in the same

manner.

5. Before entering upon their duties, assessors shall make the following declaration

at a public sitting:

揑

solemnly declare that I will perform my duties as an assessor honourably,

impartially and conscientiously, and that I will faithfully observe all the provisions of the

Statute and of the Rules of the Court.?/span>

SECTION B. THE PRESIDENCY

Article 10

1. The term of office of the President and that of the Vice-President shall begin to

run from the date on which the terms of office of the Members of the Court elected at a

triennial election begin in accordance with Article 2 of these Rules.

2. The elections to the presidency and vice-presidency shall be held on that date or

shortly thereafter.

The former President, if still a Member of the Court, shall continue to

exercise his functions until the election to the presidency has taken place.

Article 11

1. If, on the date of the election to the presidency, the former President is still a

Member of the Court, he shall conduct the election.

If he has ceased to be a Member of

the Court, or is unable to act, the election shall be conducted by the Member of the Court

exercising the functions of the presidency by virtue of Article 13, paragraph 1, of these

Rules.

2. The election shall take place by secret ballot, after the presiding Member of the

Court has declared the number of affirmative votes necessary for election;

there shall be

no nominations.

The Member of the Court obtaining the votes of a majority of the

Members composing it at the time of the election shall be declared elected, and shall enter

forthwith upon his functions.

3. The new President shall conduct the election of the Vice- President either at the

same or at the following meeting.

The provisions of paragraph 2 of this Article shall apply

equally to this election.

Article 12

The President shall preside at all meetings of the Court;

he shall direct the work

and supervise the administration of the Court.

Article 13

1. In the event of a vacancy in the presidency or of the inability of the President to

exercise the functions of the presidency, these shall be exercised by the Vice- President,

or failing him, by the senior judge.

2. When the President is precluded by a provision of the Statute or of these Rules

either from sitting or from presiding in a particular case, he shall continue to exercise the

functions of the presidency for all purposes save in respect of that case.

3. The President shall take the measures necessary in order to ensure the

continuous exercise of the functions of the presidency at the seat of the Court.

In the

event of his absence, he may, so far as is compatible with the Statute and these Rules,

arrange for these functions to be exercised by the Vice-President, or failing him, by the

senior judge.

4. If the President decides to resign the presidency, he shall communicate his

decision in writing to the Court through the Vice-President, or failing him, the senior

judge.

If the Vice-President decides to resign his office, he shall communicate his

decision to the President.

Article 14

If a vacancy in the presidency or the vice-presidency occurs before the date when

the current term is due to expire under Article 21, paragraph 1, of the Statute and

Article 10, paragraph 1, of these Rules, the Court shall decide whether or not the vacancy

shall be filled during the remainder of the term.

SECTION C. THE CHAMBERS

Article 15

1. The Chamber of Summary Procedure to be formed annually under Article 29 of

the Statute shall be composed of five Members of the Court, comprising the President and

Vice-President of the Court, acting ex officio, and three other members elected in

accordance with Article 18, paragraph 1, of these Rules.

In addition, two Members of the

Court shall be elected annually to act as substitutes.

2. The election referred to in paragraph 1 of this Article shall be held as soon as

possible after the sixth of February in each year.

The members of the Chamber shall

enter upon their functions on election and continue to serve until the next election;

they

may be re-elected.

3. If a member of the Chamber is unable, for whatever reason, to sit in a given case,

he shall be replaced for the purposes of that case by the senior in precedence of the two

substitutes.

4. If a member of the Chamber resigns or otherwise ceases to be a member, his

place shall be taken by the senior in precedence of the two substitutes, who shall

thereupon become a full member of the Chamber and be replaced by the election of

another substitute.

Should vacancies exceed the number of available substitutes,

elections shall be held as soon as possible in respect of the vacancies still existing after

the substitutes have assumed full membership and in respect of the vacancies in the

substitutes.

Article 16

1. When the Court decides to form one or more of the Chambers provided for in

Article 26, paragraph 1, of the Statute, it shall determine the particular category of cases

for which each Chamber is formed, the number of its members, the period for which they

will serve, and the date at which they will enter upon their duties.

2. The members of the Chamber shall be elected in accordance with Article 18,

paragraph 1, of these Rules from among the Members of the Court, having regard to any

special knowledge, expertise or previous experience which any of the Members of the

Court may have in relation to the category of case the Chamber is being formed to deal

with.

3. The Court may decide upon the dissolution of a Chamber, but without prejudice

to the duty of the Chamber concerned to finish any cases pending before it.

Article 17

1. A request for the formation of a Chamber to deal with a particular case, as

provided for in Article 26, paragraph 2, of the Statute, may be filed at any time until the

closure of the written proceedings.

Upon receipt of a request made by one party, the

President shall ascertain whether the other party assents.

2. When the parties have agreed, the President shall ascertain their views

regarding the composition of the Chamber, and shall report to the Court accordingly.

He

shall also take such steps as may be necessary to give effect to the provisions of

Article 31, paragraph 4, of the Statute.

3. When the Court has determined, with the approval of the parties, the number of

its Members who are to constitute the Chamber, it shall proceed to their election, in

accordance with the provisions of Article 18, paragraph 1, of these Rules.

The same

procedure shall be followed as regards the filling of any vacancy that may occur on the

Chamber.

4. Members of a Chamber formed under this Article who have been replaced, in

accordance with Article 13 of the Statute following the expiration of their terms of office,

shall continue to sit in all phases of the case, whatever the stage it has then reached.

Article 18

1. Elections to all Chambers shall take place by secret ballot.

The Members of the

Court obtaining the largest number of votes constituting a majority of the Members of the

Court composing it at the time of the election shall be declared elected.

If necessary to fill

vacancies, more than one ballot shall take place, such ballot being limited to the number

of vacancies that remain to be filled.

2. If a Chamber when formed includes the President or Vice-President of the Court,

or both of them, the President or Vice-President, as the case may be, shall preside over

that Chamber.

In any other event, the Chamber shall elect its own president by secret

ballot and by a majority of votes of its members.

The Member of the Court who, under

this paragraph, presides over the Chamber at the time of its formation shall continue to

preside so long as he remains a member of that Chamber.

3. The president of a Chamber shall exercise, in relation to cases being dealt with

by that Chamber, all the functions of the President of the Court in relation to cases before

the Court.

4. If the president of a Chamber is prevented from sitting or from acting as

president, the functions of the presidency shall be assumed by the member of the

Chamber who is the senior in precedence and able to act.

SECTION D. INTERNAL FUNCTIONING OF THE COURT

Article 19

The internal judicial practice of the Court shall, subject to the provisions of the

Statute and these Rules, be governed by any resolutions on the subject adopted by the

Court

1

.

__________

[1]

The resolution now in force was adopted on 12 April 1976.

Article 20

1. The quorum specified by Article 25, paragraph 3, of the Statute applies to all

meetings of the Court.

2. The obligation of Members of the Court under Article 23, paragraph 3, of the

Statute, to hold themselves permanently at the disposal of the Court, entails attendance at

all such meetings, unless they are prevented from attending by illness or for other serious

reasons duly explained to the President, who shall inform the Court.

3. Judges

ad hoc

are likewise bound to hold themselves at the disposal of the

Court and to attend all meetings held in the case in which they are participating.

They

shall not be taken into account for the calculation of the quorum.

4. The Court shall fix the dates and duration of the judicial vacations and the

periods and conditions of leave to be accorded to individual Members of the Court under

Article 23, paragraph 2, of the Statute, having regard in both cases to the state of its

General List and to the requirements of its current work.

5. Subject to the same considerations, the Court shall observe the public holidays

customary at the place where the Court is sitting.

6. In case of urgency the President may convene the Court at any time.

Article 21

1. The deliberations of the Court shall take place in private and remain secret.

The

Court may however at any time decide in respect of its deliberations on other than judicial

matters to publish or allow publication of any part of them.

2. Only judges, and the assessors, if any, take part in the Court

抯

judicial

deliberations.

The Registrar, or his deputy, and other members of the staff of the

Registry as may be required shall be present.

No other person shall be present except

by permission of the Court.

3. The minutes of the Court

抯

judicial deliberations shall record only the title or

nature of the subjects or matters discussed, and the results of any vote taken.

They shall

not record any details of the discussions nor the views expressed, provided however that

any judge is entitled to require that a statement made by him be inserted in the minutes.

PART II

THE REGISTRY

Article 22

1. The Court shall elect its Registrar by secret ballot from amongst candidates

proposed by Members of the Court.

The Registrar shall be elected for a term of seven

years.

He may be re- elected.

2. The President shall give notice of a vacancy or impending vacancy to Members

of the Court, either forthwith upon the vacancy arising, or, where the vacancy will arise on

the expiration of the term of office of the Registrar, not less than three months prior

thereto.

The President shall fix a date for the closure of the list of candidates so as to

enable nominations and information concerning the candidates to be received in sufficient

time.

3. Nominations shall indicate the relevant information concerning the candidate,

and in particular information as to his age, nationality, and present occupation, university

qualifications, knowledge of languages, and any previous experience in law, diplomacy or

the work of international organizations.

4. The candidate obtaining the votes of the majority of the Members of the Court

composing it at the time of the election shall be declared elected.

Article 23

The Court shall elect a Deputy-Registrar:

the provisions of Article 22 of these

Rules shall apply to his election and term of office.

Article 24

1. Before taking up his duties, the Registrar shall make the following declaration at

a meeting of the Court:

揑

solemnly declare that I will perform the duties incumbent upon me as Registrar

of the International Court of Justice in all loyalty, discretion and good conscience, and that

I will faithfully observe all the provisions of the Statute and of the Rules of the

Court.?/span>

2. The Deputy-Registrar shall make a similar declaration at a meeting of the Court

before taking up his duties.

Article 25

1. The staff-members of the Registry shall be appointed by the Court on proposals

submitted by the Registrar.

Appointments to such posts as the Court shall determine

may however be made by the Registrar with the approval of the President.

2. Before taking up his duties, every staff-member shall make the following

declaration before the President, the Registrar being present:

揑

solemnly declare that I will perform the duties incumbent upon me as an official

of the International Court of Justice in all loyalty, discretion and good conscience, and that

I will faithfully observe all the provisions of the Statute and of the Rules of the

Court.?/span>

Article 26

1. The Registrar, in the discharge of his functions, shall:

(a)

be the regular channel of communications to and from the Court, and in particular

shall effect all communications, notifications and transmission of documents required

by the Statute or by these Rules and ensure that the date of despatch and receipt

thereof may be readily verified;

(b)

keep, under the supervision of the President, and in such form as may be laid down

by the Court, a General List of all cases, entered and numbered in the order in which

the documents instituting proceedings or requesting an advisory opinion are received

in the Registry;

(c)

have the custody of the declarations accepting the jurisdiction of the Court made by

States not parties to the Statute in accordance with any resolution adopted by the

Security Council under Article 35, paragraph 2, of the Statute, and transmit certified

copies thereof to all States parties to the Statute, to such other States as shall have

deposited declarations, and to the Secretary-General of the United Nations;

(d)

transmit to the parties copies of all pleadings and documents annexed upon receipt

thereof in the Registry;

(e)

communicate to the government of the country in which the Court or a Chamber is

sitting, and any other governments which may be concerned, the necessary

information as to the persons from time to time entitled, under the Statute and

relevant agreements, to privileges, immunities, or facilities;

(f)

be present, in person or by his deputy, at meetings of the Court, and of the Chambers,

and be responsible for the preparation of minutes of such meetings;

(g)

make arrangements for such provision or verification of translations and

interpretations into the Court

抯

official languages as the Court may require;

(h)

sign all judgments, advisory opinions and orders of the Court, and the minutes

referred to in subparagraph

(f)

;

(i)

be responsible for the printing and publication of the Court

抯

judgments, advisory

opinions and orders, the pleadings and statements, and minutes of public sittings in

cases, and of such other documents as the Court may direct to be published;

(j)

be responsible for all administrative work and in particular for the accounts and

financial administration in accordance with the financial procedures of the United

Nations;

(k)

deal with enquiries concerning the Court and its work;

(l)

assist in maintaining relations between the Court and other organs of the United

Nations, the specialized agencies, and international bodies and conferences

concerned with the codification and progressive development of international law;

(m)

ensure that information concerning the Court and its activities is made accessible to

governments, the highest national courts of justice, professional and learned societies,

legal faculties and schools of law, and public information media;

(n)

have custody of the seals and stamps of the Court, of the archives of the Court, and

of such other archives as may be entrusted to the Court

1

.

2. The Court may at any time entrust additional functions to the Registrar.

3. In the discharge of his functions the Registrar shall be responsible to the Court.

__________

[1]

The Registrar also keeps the Archives of the Permanent Court of International

Justice, entrusted to the present Court by decision of the Permanent Court of

October 1945 (

I.C.J. Yearbook 1946-1947

, p. 26). and the Archives of the Trial of the

Major War Criminals before the International Military Tribunal at Nuremberg

(1945-1946), entrusted to the Court by decision of that Tribunal of 1 October 1946;

the

Court authorized the Registrar to accept the latter Archives by decision of

19 November 1949.

Article 27

1. The Deputy-Registrar shall assist the Registrar, act as Registrar in the latter

抯

absence and, in the event of the office becoming vacant, exercise the functions of

Registrar until the office has been filled.

2. If both the Registrar and the Deputy-Registrar are unable to carry out the duties

of Registrar, the President shall appoint an official of the Registry to discharge those

duties for such time as may be necessary.

If both offices are vacant at the same time, the

President, after consulting the Members of the Court, shall appoint an official of the

Registry to discharge the duties of Registrar pending an election to that office.

Article 28

1. The Registry shall comprise the Registrar, the Deputy-Registrar, and such other

staff as the Registrar shall require for the efficient discharge of his functions.

2. The Court shall prescribe the organization of the Registry, and shall for this

purpose request the Registrar to make proposals.

3. Instructions for the Registry shall be drawn up by the Registrar and approved by

the Court.

4. The staff of the Registry shall be subject to Staff Regulations drawn up by the

Registrar, so far as possible in conformity with the United Nations Staff Regulations and

Staff Rules, and approved by the Court.

Article 29

1. The Registrar may be removed from office only if, in the opinion of two-thirds of

the Members of the Court, he has either become permanently incapacitated from

exercising his functions, or has committed a serious breach of his duties.

2. Before a decision is taken under this Article, the Registrar shall be informed by

the President of the action contemplated, in a written statement which shall include the

grounds therefor and any relevant evidence.

He shall subsequently, at a private meeting

of the Court, be afforded an opportunity of making a statement, of furnishing any

information or explanations he wishes to give, and of supplying answers, orally or in

writing, to any questions put to him.

3. The Deputy-Registrar may be removed from office only on the same grounds

and by the same procedure.

PART III

PROCEEDINGS IN CONTENTIOUS CASES

SECTION A. COMMUNICATIONS TO THE COURT AND CONSULTATIONS

Article 30

All communications to the Court under these Rules shall be addressed to the

Registrar unless otherwise stated.

Any request made by a party shall likewise be

addressed to the Registrar unless made in open court in the course of the oral

proceedings.

Article 31

In every case submitted to the Court, the President shall ascertain the views of the

parties with regard to questions of procedure.

For this purpose he shall summon the

agents of the parties to meet him as soon as possible after their appointment, and

whenever necessary thereafter.

SECTION B. THE COMPOSITION OF THE COURT

FOR PARTICULAR CASES

Article 32

1. If the President of the Court is a national of one of the parties in a case he shall

not exercise the functions of the presidency in respect of that case.

The same rule

applies to the Vice-President, or to the senior judge, when called on to act as President.

2. The Member of the Court who is presiding in a case on the date on which the

Court convenes for the oral proceedings shall continue to preside in that case until

completion of the current phase of the case, notwithstanding the election in the meantime

of a new President or Vice-President.

If he should become unable to act, the presidency

for the case shall be determined in accordance with Article 13 of these Rules, and on the

basis of the composition of the Court on the date on which it convened for the oral

proceedings.

Article 33

Except as provided in Article 17 of these Rules, Members of the Court who have

been replaced, in accordance with Article 13, paragraph 3, of the Statute following the

expiration of their terms of office, shall discharge the duty imposed upon them by that

paragraph by continuing to sit until the completion of any phase of a case in respect of

which the Court convenes for the oral proceedings prior to the date of such replacement.

Article 34

1. In case of any doubt arising as to the application of Article 17, paragraph 2, of

the Statute or in case of a disagreement as to the application of Article 24 of the Statute,

the President shall inform the Members of the Court, with whom the decision lies.

2. If a party desires to bring to the attention of the Court facts which it considers to

be of possible relevance to the application of the provisions of the Statute mentioned in

the previous paragraph, but which it believes may not be known to the Court, that party

shall communicate confidentially such facts to the President in writing.

Article 35

1. If a party proposes to exercise the power conferred by Article 31 of the Statute to

choose a judge

ad hoc

in a case, it shall notify the Court of its intention as soon as

possible.

If the name and nationality of the judge selected are not indicated at the same

time, the party shall, not later than two months before the time- limit fixed for the filing of

the Counter-Memorial, inform the Court of the name and nationality of the person chosen

and supply brief biographical details.

The judge

ad hoc

may be of a nationality other than

that of the party which chooses him.

2. If a party proposes to abstain from choosing a judge

ad hoc

, on condition of a

like abstention by the other party, it shall so notify the Court which shall inform the other

party.

If the other party thereafter gives notice of its intention to choose, or chooses, a

judge

ad hoc

, the time-limit for the party which has previously abstained from choosing a

judge may be extended by the President.

3. A copy of any notification relating to the choice of a judge

ad hoc

shall be

communicated by the Registrar to the other party, which shall be requested to furnish,

within a time- limit to be fixed by the President, such observations as it may wish to

make.

If within the said time-limit no objection is raised by the other party, and if none

appears to the Court itself, the parties shall be so informed.

4. In the event of any objection or doubt, the matter shall be decided by the Court, if

necessary after hearing the parties.

5. A judge

ad hoc

who has accepted appointment but who becomes unable to sit

may be replaced.

6. If and when the reasons for the participation of a judge

ad hoc

are found no

longer to exist, he shall cease to sit on the Bench.

Article 36

1. If the Court finds that two or more parties are in the same interest, and therefore

are to be reckoned as one party only, and that there is no Member of the Court of the

nationality of any one of those parties upon the Bench, the Court shall fix a time-limit

within which they may jointly choose a judge

ad hoc

.

2. Should any party amongst those found by the Court to be in the same interest

allege the existence of a separate interest of its own, or put forward any other objection,

the matter shall be decided by the Court, if necessary after hearing the parties.

Article 37

1. If a Member of the Court having the nationality of one of the parties is or

becomes unable to sit in any phase of a case, that party shall thereupon become entitled

to choose a judge

ad hoc

within a time-limit to be fixed by the Court, or by the President if

the Court is not sitting.

2. Parties in the same interest shall be deemed not to have a judge of one of their

nationalities upon the Bench if the Member of the Court having one of their nationalities is

or becomes unable to sit in any phase of the case.

3. If the Member of the Court having the nationality of a party becomes able to sit

not later than the closure of the written proceedings in that phase of the case, that

Member of the Court shall resume his seat on the Bench in the case.

SECTION C. PROCEEDINGS BEFORE THE COURT

Subsection 1. Institution of Proceedings

Article 38

1. When proceedings before the Court are instituted by means of an application

addressed as specified in Article 40, paragraph 1, of the Statute, the application shall

indicate the party making it, the State against which the claim is brought, and the subject

of the dispute.

2. The application shall specify as far as possible the legal grounds upon which the

jurisdiction of the Court is said to be based;

it shall also specify the precise nature of the

claim, together with a succinct statement of the facts and grounds on which the claim is

based.

3. The original of the application shall be signed either by the agent of the party

submitting it, or by the diplomatic representative of that party in the country in which the

Court has its seat, or by some other duly authorized person.

If the application bears the

signature of someone other than such diplomatic representative, the signature must be

authenticated by the latter or by the competent authority of the applicant

抯

foreign

ministry.

4. The Registrar shall forthwith transmit to the respondent a certified copy of the

application.

5. When the applicant State proposes to found the jurisdiction of the Court upon a

consent thereto yet to be given or manifested by the State against which such application

is made, the application shall be transmitted to that State.

It shall not however be entered

in the General List, nor any action be taken in the proceedings, unless and until the State

against which such application is made consents to the Court

抯

jurisdiction for the

purposes of the case.

Article 39

1. When proceedings are brought before the Court by the notification of a special

agreement, in conformity with Article 40, paragraph 1, of the Statute, the notification may

be effected by the parties jointly or by any one or more of them.

If the notification is not a

joint one, a certified copy of it shall forthwith be communicated by the Registrar to the

other party.

2. In each case the notification shall be accompanied by an original or certified

copy of the special agreement.

The notification shall also, in so far as this is not already

apparent from the agreement, indicate the precise subject of the dispute and identify the

parties to it.

Article 40

1. Except in the circumstances contemplated by Article 38, paragraph 5, of these

Rules, all steps on behalf of the parties after proceedings have been instituted shall be

taken by agents.

Agents shall have an address for service at the seat of the Court to

which all communications concerning the case are to be sent.

Communications

addressed to the agents of the parties shall be considered as having been addressed to

the parties themselves.

2. When proceedings are instituted by means of an application, the name of the

agent for the applicant shall be stated.

The respondent, upon receipt of the certified copy

of the application, or as soon as possible thereafter, shall inform the Court of the name of

its agent.

3. When proceedings are brought by notification of a special agreement, the party

making the notification shall state the name of its agent.

Any other party to the special

agreement, upon receiving from the Registrar a certified copy of such notification, or as

soon as possible thereafter, shall inform the Court of the name of its agent if it has not

already done so.

Article 41

The institution of proceedings by a State which is not a party to the Statute but

which, under Article 35, paragraph 2, thereof, has accepted the jurisdiction of the Court by

a declaration made in accordance with any resolution adopted by the Security Council

under that Article

1

, shall be accompanied by a deposit of the declaration in question,

unless the latter has previously been deposited with the Registrar.

If any question of the

validity or effect of such declaration arises, the Court shall decide.

__________

[1]

The resolution now in force was adopted on 15 October 1946.

Article 42

The Registrar shall transmit copies of any application or notification of a special

agreement instituting proceedings before the Court to:

(a)

the Secretary-General of the

United Nations;

(b)

the Members of the United Nations;

(c)

other States entitled to

appear before the Court.

Article 43

*1

1. Whenever the construction of a convention to which States other than those

concerned in the case are parties may be in question within the meaning of Article 63,

paragraph 1, of the Statute, the Court shall consider what directions shall be given to the

Registrar in the matter.

2. Whenever the construction of a convention to which a public international

organization is a party may be in question in a case before the Court, the Court shall

consider whether the Registrar shall so notify the public international organization

concerned.

Every public international organization notified by the Registrar may submit

its observations on the particular provisions of the convention the construction of which is

in question in the case.

3. If a public international organization sees fit to furnish its observations under

paragraph 2 of this Article, the procedure to be followed shall be that provided for in

Article 69, paragraph 2, of these Rules.

__________

*

Amendment entered into force on 29 September 2005.

[1]

Article 43, paragraph 1, as amended, repeats unchanged the text of Article 43, as

adopted on 14 April 1978.

Paragraphs 2 and 3 of the amended Article 43 are new.

Subsection 2. The Written Proceedings

Article 44

1. In the light of the information obtained by the President under Article 31 of these

Rules, the Court shall make the necessary orders to determine,

inter alia

, the number and

the order of filing of the pleadings and the time- limits within which they must be filed.

2. In making an order under paragraph 1 of this Article, any agreement between the

parties which does not cause unjustified delay shall be taken into account.

3. The Court may, at the request of the party concerned, extend any time-limit, or

decide that any step taken after the expiration of the time-limit fixed therefor shall be

considered as valid, if it is satisfied that there is adequate justification for the request.

In

either case the other party shall be given an opportunity to state its views.

4. If the Court is not sitting, its powers under this Article shall be exercised by the

President, but without prejudice to any subsequent decision of the Court.

If the

consultation referred to in Article 31 reveals persistent disagreement between the parties

as to the application of Article 45, paragraph 2, or Article 46, paragraph 2, of these Rules,

the Court shall be convened to decide the matter.

Article 45

1. The pleadings in a case begun by means of an application shall consist, in the

following order, of:

a Memorial by the applicant;

a Counter- Memorial by the respondent.

2. The Court may authorize or direct that there shall be a Reply by the applicant

and a Rejoinder by the respondent if the parties are so agreed, or if the Court decides,

proprio motu

or at the request of one of the parties, that these pleadings are necessary.

Article 46

1. In a case begun by the notification of a special agreement, the number and order

of the pleadings shall be governed by the provisions of the agreement, unless the Court,

after ascertaining the views of the parties, decides otherwise.

2. If the special agreement contains no such provision, and if the parties have not

subsequently agreed on the number and order of pleadings, they shall each file a

Memorial and Counter-Memorial, within the same time-limits.

The Court shall not

authorize the presentation of Replies unless it finds them to be necessary.

Article 47

The Court may at any time direct that the proceedings in two or more cases be

joined.

It may also direct that the written or oral proceedings, including the calling of

witnesses, be in common;

or the Court may, without effecting any formal joinder, direct

common action in any of these respects.

Article 48

Time-limits for the completion of steps in the proceedings may be fixed by

assigning a specified period but shall always indicate definite dates.

Such time-limits

shall be as short as the character of the case permits.

Article 49

1. A Memorial shall contain a statement of the relevant facts, a statement of law,

and the submissions.

2. A Counter-Memorial shall contain:

an admission or denial of the facts stated in

the Memorial;

any additional facts, if necessary;

observations concerning the statement

of law in the Memorial;

a statement of law in answer thereto;

and the submissions.

3. The Reply and Rejoinder, whenever authorized by the Court, shall not merely

repeat the parties? contentions, but shall be directed to bringing out the issues that still

divide them.

4. Every pleading shall set out the party

抯

submissions at the relevant stage of the

case, distinctly from the arguments presented, or shall confirm the submissions previously

made.

Article 50

1. There shall be annexed to the original of every pleading certified copies of any

relevant documents adduced in support of the contentions contained in the pleading.

2. If only parts of a document are relevant, only such extracts as are necessary for

the purpose of the pleading in question need be annexed.

A copy of the whole document

shall be deposited in the Registry, unless it has been published and is readily available.

3. A list of all documents annexed to a pleading shall be furnished at the time the

pleading is filed.

Article 51

1. If the parties are agreed that the written proceedings shall be conducted wholly

in one of the two official languages of the Court, the pleadings shall be submitted only in

that language.

If the parties are not so agreed, any pleading or any part of a pleading

shall be submitted in one or other of the official languages.

2. If in pursuance of Article 39, paragraph 3, of the Statute a language other than

French or English is used, a translation into French or English certified as accurate by the

party submitting it, shall be attached to the original of each pleading.

3. When a document annexed to a pleading is not in one of the official languages of

the Court, it shall be accompanied by a translation into one of these languages certified by

the party submitting it as accurate.

The translation may be confined to part of an annex,

or to extracts therefrom, but in this case it must be accompanied by an explanatory note

indicating what passages are translated.

The Court may however require a more

extensive or a complete translation to be furnished.

Article 52

*1 2

1. The original of every pleading shall be signed by the agent and filed in the

Registry.

It shall be accompanied by a certified copy of the pleading, documents

annexed, and any translations, for communication to the other party in accordance with

Article 43, paragraph 4, of the Statute, and by the number of additional copies required by

the Registry, but without prejudice to an increase in that number should the need arise

later.

2. All pleadings shall be dated.

When a pleading has to be filed by a certain date,

it is the date of the receipt of the pleading in the Registry which will be regarded by the

Court as the material date.

3. The correction of a slip or error in any document which has been filed may be

made at any time with the consent of the other party or by leave of the President.

Any

correction so effected shall be notified to the other party in the same manner as the

pleading to which it relates.

__________

*

Amendment entered into force on 14 April 2005.

The agents of the parties are requested to ascertain from the Registry the usual format

1

of the pleadings.

2

The text of Article 52, as adopted on 14 April 1978, contained a paragraph 3

concerning the procedure to be followed where the Registrar arranges for the printing of

a pleading;

this paragraph has been deleted and the footnote to the Article has been

amended.

Former paragraph 4 has been renumbered and is now paragraph 3.

Article 53

1. The Court, or the President if the Court is not sitting, may at any time decide,

after ascertaining the views of the parties, that copies of the pleadings and documents

annexed shall be made available to a State entitled to appear before it which has asked to

be furnished with such copies.

2. The Court may, after ascertaining the views of the parties, decide that copies of

the pleadings and documents annexed shall be made accessible to the public on or after

the opening of the oral proceedings.

Subsection 3. The Oral Proceedings

Article 54

1. Upon the closure of the written proceedings, the case is ready for hearing.

The

date for the opening of the oral proceedings shall be fixed by the Court, which may also

decide, if occasion should arise, that the opening or the continuance of the oral

proceedings be postponed.

2. When fixing the date for, or postponing, the opening of the oral proceedings the

Court shall have regard to the priority required by Article 74 of these Rules and to any

other special circumstances, including the urgency of a particular case.

3. When the Court is not sitting, its powers under this Article shall be exercised by

the President.

Article 55

The Court may, if it considers it desirable, decide pursuant to Article 22,

paragraph 1, of the Statute that all or part of the further proceedings in a case shall be

held at a place other than the seat of the Court.

Before so deciding, it shall ascertain the

views of the parties.

Article 56

1. After the closure of the written proceedings, no further documents may be

submitted to the Court by either party except with the consent of the other party or as

provided in paragraph 2 of this Article.

The party desiring to produce a new document

shall file the original or a certified copy thereof, together with the number of copies

required by the Registry, which shall be responsible for communicating it to the other party

and shall inform the Court.

The other party shall be held to have given its consent if it

does not lodge an objection to the production of the document.

2. In the absence of consent, the Court, after hearing the parties, may, if it

considers the document necessary, authorize its production.

3. If a new document is produced under paragraph 1 or paragraph 2 of this Article,

the other party shall have an opportunity of commenting upon it and of submitting

documents in support of its comments.

4. No reference may be made during the oral proceedings to the contents of any

document which has not been produced in accordance with Article 43 of the Statute or

this Article, unless the document is part of a publication readily available.

5. The application of the provisions of this Article shall not in itself constitute a

ground for delaying the opening or the course of the oral proceedings.

Article 57

Without prejudice to the provisions of the Rules concerning the production of

documents, each party shall communicate to the Registrar, in sufficient time before the

opening of the oral proceedings, information regarding any evidence which it intends to

produce or which it intends to request the Court to obtain.

This communication shall

contain a list of the surnames, first names, nationalities, descriptions and places of

residence of the witnesses and experts whom the party intends to call, with indications in

general terms of the point or points to which their evidence will be directed.

A copy of the

communication shall also be furnished for transmission to the other party.

Article 58

1. The Court shall determine whether the parties should present their arguments

before or after the production of the evidence;

the parties shall, however, retain the right

to comment on the evidence given.

2. The order in which the parties will be heard, the method of handling the evidence

and of examining any witnesses and experts, and the number of counsel and advocates

to be heard on behalf of each party, shall be settled by the Court after the views of the

parties have been ascertained in accordance with Article 31 of these Rules.

Article 59

The hearing in Court shall be public, unless the Court shall decide otherwise, or

unless the parties demand that the public be not admitted.

Such a decision or demand

may concern either the whole or part of the hearing, and may be made at any time.

Article 60

1. The oral statements made on behalf of each party shall be as succinct as

possible within the limits of what is requisite for the adequate presentation of that party

抯

contentions at the hearing.

Accordingly, they shall be directed to the issues that still

divide the parties, and shall not go over the whole ground covered by the pleadings, or

merely repeat the facts and arguments these contain.

2. At the conclusion of the last statement made by a party at the hearing, its agent,

without recapitulation of the arguments, shall read that party

抯

final submissions.

A

copy of the written text of these, signed by the agent, shall be communicated to the Court

and transmitted to the other party.

Article 61

1. The Court may at any time prior to or during the hearing indicate any points or

issues to which it would like the parties specially to address themselves, or on which it

considers that there has been sufficient argument.

2. The Court may, during the hearing, put questions to the agents, counsel and

advocates, and may ask them for explanations.

3. Each judge has a similar right to put questions, but before exercising it he should

make his intention known to the President, who is made responsible by Article 45 of the

Statute for the control of the hearing.

4. The agents, counsel and advocates may answer either immediately or within a

time-limit fixed by the President.

Article 62

1. The Court may at any time call upon the parties to produce such evidence or to

give such explanations as the Court may consider to be necessary for the elucidation of

any aspect of the matters in issue, or may itself seek other information for this purpose.

2. The Court may, if necessary, arrange for the attendance of a witness or expert to

give evidence in the proceedings.

Article 63

1. The parties may call any witnesses or experts appearing on the list

communicated to the Court pursuant to Article 57 of these Rules.

If at any time during the

hearing a party wishes to call a witness or expert whose name was not included in that list,

it shall so inform the Court and the other party, and shall supply the information required

by Article 57.

The witness or expert may be called either if the other party makes no

objection or if the Court is satisfied that his evidence seems likely to prove relevant.

2. The Court, or the President if the Court is not sitting, shall, at the request of one

of the parties or

proprio motu

, take the necessary steps for the examination of witnesses

otherwise than before the Court itself.

Article 64

Unless on account of special circumstances the Court decides on a different form

of words,

(a)

every witness shall make the following declaration before giving any evidence:

揑

solemnly declare upon my honour and conscience that I will speak the truth, the

whole truth and nothing but the truth?

(b)

every expert shall make the following declaration before making any statement: