Statute of the International Court of Justice

 

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 Article 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 resect 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.(1) 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.

 

Author: international

Mentioned in these Entries

Of Counsel, Statute of the International Court of Justice.