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YEARBOOK

2010-2011

International Court of Justice, Peace Palace, 2517 KJ The Hague, Netherlands

Tel. (+3170) 302 23 23

Fax: (+3170) 364 99 28

Website: www.icj-cij.org

ISSN 0074-445X ISSN 978-92-1-170088-6

Sales number N o de vente: 1037
Sales number
N o de vente:
1037

INTERNATIONAL COURT OF JUSTICE

Yearbook

2010-2011

No. 65

INTERNATIONAL COURT OF JUSTICE Yearbook 2010-2011 No. 65 I.C.J. - THE HAGUE - 2011

I.C.J. - THE HAGUE - 2011

PRINTED IN FRANCE

In March 1947 the International Court of Justice instructed the Registrar to publish a Yearbook providing general information concerning its organization, jurisdiction, activities and administration. The present volume – sixty-fifth of the series – covers the period from 1 August 2010 to 31 July 2011. Seeking to strengthen complementarity between the Yearbook and the Court’s other informational media, in particular its website and Annual Report, the Registrar ensures that the Yearbook is regularly updated and expanded, notably in order to enhance its instructional and explanatory role. The Yearbook is produced by the Registry and in no way involves the responsibility of the Court; in particular, the summaries of judgments, advisory opinions and orders contained in Chapter VI cannot be quoted against the actual texts of those judgments, advisory opinions and orders and do not constitute an interpretation of them.

Philippe C, Registrar of the Court.

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TABLE OF CONTENTS

Introduction

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I. Basic texts

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Charter of the United Nations .

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Statute of the Court

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(a) Text of the Statute

(b) States parties to the Statute .

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Rules of Court and Practice Directions

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(a) Rules of Court .

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(b) Practice Directions

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4.

Resolution concerning the Internal Judicial Practice of the

Court

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. II. Proceedings brought before the Court .

 

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New applications and requests

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Public hearings

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Decisions .

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Chapter I. Organization of the Court

I. Members of the Court

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1.

Composition of the Court

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2.

Changes in the composition of the Court in 2010-2011

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3.

Former Presidents and Vice-Presidents of the Court .

 

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Former Members of the Court

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II. Judges ad hoc .

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III. Chambers .

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Chamber of Summary Procedure .

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Chambers provided for in Article 26, paragraph 1, of the

Statute .

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3.

Chambers formed under Article 26, paragraph 2, of the

Statute .

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4.

Provisions in the Rules relating to Chambers

IV. Assessors

. IV. The Registrar .

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. VI. Privileges and immunities .

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  • viii table of contents

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Chapter II. Biographies of judges II. Members of the Court on 31 July 2011

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II. Members of the Court who resigned during the period under

review

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. III. Judges ad hoc .

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Chapter III. Jurisdiction of the Court I. Jurisdiction in contentious cases

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1. States entitled to appear before the Court

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  • (a) States Members of the United Nations .

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  • (b) States, not Members of the United Nations, parties

 

to the Statute

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  • (c) States, not parties to the Statute, to which the Court

may be open

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2. Basis of the Court’s jurisdiction

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Special agreement .

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  • (b) Cases provided for in treaties and conventions

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  • (c) Declarations recognizing the jurisdiction of

 

the Court

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  • (d) Forum prorogatum

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  • (e) Remarks concerning jurisdiction .

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(i) The Court itself decides any question as to its juris-

diction .

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. (ii) Jurisdiction of the Court after a judgment .

 

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(1) Interpretation of a judgment

II. Advisory jurisdiction

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(2) Revision of a judgment .

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106

. III. Texts governing the jurisdiction of the Court

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Instruments governing the relationship of organs of the United Nations and international organizations with the

Court .

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1. United Nations .

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2. Specialized agencies

3. Related organizations .

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Chapter IV. Functioning of the Court and its Registry

I. Seat

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II. Administration

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table of contents

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1. The Presidency and the Committees of the Court .

2. The Registry .

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(a) The Registrar

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(1) The Registrar and the Deputy-Registrar

(b) The Deputy-Registrar

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. (c) Privileges and immunities

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(d) Relations with the public

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3. Departments and Services of the Registry

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  • (a) The Information Department . (i) Website of the Court .

. i(ii) Information materials published by the Registry

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121

(iii) Presentation of the work and functioning of the

 

Court and receiving groups

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  • (b) The Publications Division .

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(i) Series published by the International Court

of Justice .

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International Court of Justice .

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(iii) Publications of the Permanent Court of

International Justice .

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  • (c) Library and Archives of the Court

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(i) Library

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i(ii) Archives of the Court, the PCIJ and the Interna-

 

tional Military Tribunal at Nuremberg .

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4. Finances of the Court .

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  • (a) Financial regulations .

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  • (b) Method of covering expenditure .

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  • (c) Drafting of the budget .

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  • (d) Budget implementation .

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  • (e) Budget of the Court for the biennium 2010-2011 .

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  • (f) Salaries and other emoluments of Members of the

 

Court

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  • (g) Salaries, allowances and expenses of the Registrar

 

and officials of the Registry

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128

Common services .

  • (h) . III. Practice of the Court with regard to procedure .

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129

1. General

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  • (a) Official languages

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  • x table of contents

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  • (b) Official communications

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  • (c) Minutes

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General List .

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2. Procedure in contentious cases

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130

  • (a) Institution of proceedings and appointment of

 

agents .

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  • (b) Written proceedings

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Oral proceedings

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Deliberations

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133

  • (e) .

Judgment

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Expenses and costs

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134

3. Occasional rules in contentious cases .

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  • (a) Provisional measures .

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  • (b) Joinder of proceedings

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  • (c) Preliminary objections

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  • (d) Counter-claims

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  • (e) Intervention, presentation of information .

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  • (f) Default, settlement, discontinuance

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  • (g) Execution, interpretation or revision of judgments .

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  • (h) Special reference to the Court .

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4. Procedure in advisory proceedings .

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  • (a) .

Request .

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  • (b) Written and oral proceedings .

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Deliberations

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  • (d) Advisory opinion .

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5. Practice Directions .

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IV. Occasional functions entrusted to the President of the

 

International Court of Justice

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1. International instruments providing for appointment

of arbitrators, etc

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. 2. Other requests for appointment of arbitrators

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3. Other appointments

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Chapter V. Work of the Court in 2010-2011

I I. Proceedings before the Court .

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A. Contentious cases

. 1. Gabčíkovo-Nagymaros Project (Hungary/Slovakia)

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table of contents

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Page

  • 2. Ahmadou Sadio Diallo (Republic of Guinea v. Demo-

cratic Republic of the

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  • 3. Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda) .

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  • 4. Application of the Convention on the Prevention and

Punishment of the Crime of Genocide (Croatia v.

Serbia)

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  • 5. Territorial and Maritime Dispute (Nicaragua v. Col- ombia)

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160

  • 6. Certain Criminal Proceedings in France (Republic

of the Congo v. France)

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  • 7. Maritime Dispute (Peru v. Chile)

 

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  • 8. Aerial Herbicide Spraying (Ecuador v. Colombia) .

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  • 9. Application of the International Convention on the Elimination of All Forms of Racial Discrimination

(Georgia v. Russian Federation) .

 

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  • 10. Application of the Interim Accord of 13 September 1995 (the former Yugoslav Republic of Macedonia

v. Greece)

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  • 11. Jurisdictional Immunities of the State (Germany v.

Italy) .

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  • 12. Questions relating to the Obligation to Prosecute

or Extradite (Belgium v. Senegal)

 

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  • 13. Jurisdiction and Enforcement of Judgments in Civil

and Commercial Matters (Belgium v. Switzer-

land) .

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  • 14. Whaling in the Antarctic (Australia v. Japan) .

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  • 15. Frontier Dispute (Burkina Faso/Republic of Niger)

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  • 16. Certain Activities Carried Out by Nicaragua in the

Border Area (Costa Rica v. Nicaragua).

 

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  • 17. Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia

v. Thailand) .

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216

. B. Request for Advisory Opinion

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Judgment No. 2867 of the Administrative Tribunal of the International Labour Organization upon a Comp- laint Filed against the International Fund for Agricul-

tural Development

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II. Peace Palace Museum

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  • xii table of contents

III. Visits and Events .

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A. Visits

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1. Visit by H.E. Mr. Prasobsook Boondech, President of the Senate of the Kingdom of Thailand .

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2. Visit by H.E. Mr. Dag Terje Andersen, President of the Parliament of the Kingdom of Norway .

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3. Visit by H.E. Mrs. Mary McAleese, President of

Ireland . 4. Other visits

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B. Events

. 1. Third “Open Day” at the Court

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. 2. Exhibition “The International Court of Justice:

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228

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65 Years of Serving Peace” Held in the Atrium of

The Hague City Hall

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229

IV. Annual Report and representation of the Court at the

seat of the United Nations .

. V. Other speeches, conferences and publications on the

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work of the Court .

. VI. Action pursuant to decisions of the Court .

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VII. Applications from private persons

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Annexes

Annex 1: Chronological survey of proceedings before the Court

since 1947

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. Annex 2: Former Presidents and Vice-Presidents of the Court

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Annex 3: Former Members of the Court

. . . . . . . Annex 4: Cases in which judges ad hoc have been appointed .

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Annex 5: Chambers formed under Article 26, paragraph 2, of the

Statute

. Annex 6: Cases submitted by Special Agreement

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. Annex 7 (A): Questions of consent: Prior to the introduction of

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Article 38, paragraph 5 .

. Annex 7 (B): Questions of consent: After the introduction of

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Article 38, paragraph 5 .

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Annex 8: Acceptance of the Court’s jurisdiction in virtue of the

rule of forum prorogatum

. Annex 9: Requests for interpretation

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Annex 10: Applications for revision

Annex 11: Advisory opinions

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263

table of contents

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Annex 12: Instructions of the Registry (since 1946) and Staff

Regulations for the Registry (since 1947) .

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Annex 13: Former Registrars and Deputy-Registrars of the

Court

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. Annex 14: Revised budget for the biennium 2010-2011 .

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Annex 15: Witnesses and experts Annex 16: Provisional measures

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Annex 17: Preliminary

objections. . . . . . . . . .

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Annex 18: Questions of jurisdiction and/or admissibility

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Annex 19: Counter-claims

. Annex 20: Applications for permission to intervene under Arti-

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cles 62 and/or 63 of the Statute

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265

266

268

269

271

273

274

275

Annex 21: Judgments and orders delivered in the absence of

One of the Parties Annex 22: Discontinuance .

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276

277

Annex 23: President Hisashi Owada’s speech to the General

Assembly on 28 October 2010 .

. Annex 24: President Hisashi Owada’s speech to the Security

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Council on 27 October 2010

. Annex 25: President Hisashi Owada’s speech to the Sixth Com-

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mittee of the General Assembly on 29 October 2010

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278

291

299

Annex 26 (A): History (1996-2008) of the United Nations General Assembly resolutions on Legality of the Threat of

Use of Nuclear Weapons

. Annex 26 (B): Full text of General Assembly resolution A/RES/ 56/76 of 8 December 2010 on the Advisory Opinion of the

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309

International Court of Justice on the Legality of the Threat

or Use of Nuclear Weapons

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310

1

INTRODUCTION

The International Court of Justice (ICJ), which has its seat in The Hague (Netherlands), is the principal judicial organ of the United Nations. It was established by the Charter of the United Nations in June 1945 and began its activities in April 1946. Of the six principal organs of the United Nations, it is the only one not located in New York. It had as its predecessor the Permanent Court of International Justice (PCIJ), which was instituted by the League of Nations in 1920 and was dissolved in 1946. The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations. Independent of the United Nations Secretariat, it is assisted by a Registry, its own international secretariat, whose activities are both judicial and diplomatic, as well as administrative. The official languages of the Court are English and French. Also known as the “World Court”, it is the only court of a universal character with general jurisdiction. The Court has a two-fold role: first, to settle, in accordance with international law, legal disputes submitted to it by States (its judgments have binding force and are without appeal); and, second, to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and agencies of the system.

I. BasIc TexTs

The basic texts of the Court are the Charter of the United Nations and the Statute of the Court. Other texts are the Rules of Court and the Practice Directions supplementing them, as well as the resolution concerning the internal judicial practice of the Court. These texts can be found on the Court’s website, under the heading “Basic Documents”. They are also published in the volume I.C.J. Acts and Documents No. 6 (2007).

1. Charter of the United Nations

The International Court of Justice was brought into being by the Charter of the United Nations, signed in San Francisco on 26 June 1945. The Charter deals with the Court in Article 7, paragraph 1, Article 36, paragraph 3, and Articles 92-96, which form Chapter XIV.

  • 2 introduction

2. Statute of the Court

  • (a) Text of the Statute

The text of the Statute was based upon that of the PCIJ. The modifications, a list which can be found in the I.C.J. Yearbook 1946-1947 (pp. 101-102), were few in number, most of them being formal adaptations

designed to take account of the replacement of the League of Nations by the United Nations. The text of the Statute, which was also signed in San Francisco on

  • 26 June 1945, is annexed to the Charter, of which it forms an integral

part. According to Article 69 of the Statute, amendments to that instrument can be made using the same procedure as is provided for amendments to the Charter (see Articles 108 to 109). It may also be amended in accordance with proposals made by the Court itself (see Article 70 of the Statute). No amendments have so far been made to the Statute.

  • (b) States parties to the Statute

The question of the status as a party to the Statute of the Court is governed by Article 93 of the Charter. To date 193 States are parties to the Statute (these are listed in Chapter III, pp. 95-100 of this Yearbook).

3. Rules of Court and Practice Directions

  • (a) Rules of Court

Article 30 of the Statute provides that “the Court shall frame rules for carrying out its functions. In particular, it shall lay down rules of procedure.” The first Rules of Court were adopted on 6 May 1946, and were

published in the volume I.C.J. Acts and Documents No. 1 (second edition, pp. 54-83). They were based on the latest text of the Rules of the Permanent Court, that of 11 March 1936, with certain changes, formal and substantive, a list of which was given in I.C.J. Yearbook 1946-1947 (pp. 102-103). Although the Rules remained unchanged from 1946 to 1972, a revision was undertaken by the Court in 1967. On 10 May 1972, the Court adopted some amendments of immediate interest, involving, in particular, the partial renumbering of certain articles (a table of concordance was published in I.C.J. Yearbook 1971-1972, pp. 3-11). The amended and partly renumbered Rules came into force on 1 September 1972 (published in the volume I.C.J. Acts and Documents No. 3, pp. 93-149). The work of revision was subsequently resumed, and culminated on

  • 14 April 1978 in the adoption of a new set of Rules, which came into

force on 1 July 1978. They were first published in I.C.J. Acts and

basic texts

3

Documents No. 4 concurrently with the I.C.J. Background Note V, entitled Note by the Registry on the Revised Rules of Court (1978), indicating those articles modified and containing a table of concordance comparing the new Rules to those of 1972 (published in the I.C.J. Acts and Documents No. 3 (1972)). For additional background information, the reader is referred to pages 111-119 of the I.C.J. Yearbook 1977-1978, which contains an analytical table comparing the structure of the new set of Rules to those of the 1946 and 1972 sets, and a table of concordance between the specific articles of the 1946, 1972 and 1978 Rules of Court. It was not until 2000 that the Court amended the Rules of Court again. On that occasion, two articles were amended, namely Article 79, relating to preliminary objections, and Article 80, relating to counter-claims 1 . In 2005, the Court again amended the Rules, first Article 52 and subsequently Article 43. That same year, the Court adopted a new procedure for the promulgation of modifications to its Rules (see I.C.J. Acts and Documents No. 6, p. 91). The text of the Rules of Court, as amended to date, can be found on the Court’s website under the heading “Basic Documents”. It is also published in the volume I.C.J. Acts and Documents No. 6, pp. 91-159).

(b) Practice Directions

As part of the ongoing review of its procedures and working methods, in October 2001 the Court decided to adopt Practice Directions for use by the States appearing before it. In so doing, it wished to more effectively deal with the congested state of its List and the budgetary constraints facing it. These Practice Directions involve no alteration to the Rules of Court, but are additional thereto. The original text was made up of six Directions (numbered I to VI). It was supplemented in 2002 by the adoption of Practice Directions VII and VIII in February of that year and by Direction IX in April. In July 2004, wishing to further enhance its productivity, the Court adopted Directions X, XI and XII. It also modified Direction V. Two years later, in 2006, two new Directions were adopted (numbered IXbis and IXter) and two others were amended (IX and XI). Lastly, the Court adopted Practice Direction XIII in January 2009, when it modified Practice Directions III and VI. These changes to the text of the Practice Directions are set out in detail in the Yearbooks corresponding to the date of their adoption. The text of the Practice Directions currently in force can be found in Chapter IV of this Yearbook, p. 139 and on the Court’s website under the heading “Basic Documents” (with a note of any temporal reservations).

1 They came into force on 1 February 2001. The Rules of Court as adopted in 1978 have continued to apply to all cases submitted to the Court prior to 1 February 2001, and all phases of those cases.

4

introduction

4. Resolution concerning the Internal Judicial Practice of the Court

In accordance with Article 19 of the Rules of Court, “[t]he internal

judicial practice of the Court shall

be governed by any resolutions

. . . on the subject adopted by the Court”. The resolution currently in force was adopted on 12 April 1976. It can be found on the Court’s website under the heading: Basic Documents/Other Texts. It can also be found in the volume I.C.J Acts and Documents No. 6, pp. 175-183. It should nevertheless be noted that the Court remains entirely free to depart from the present resolution, or any part of it, in a given case, if it considers that the circumstances justify that course.

II. ProceedIngs BroughT Before The courT

The first case entered in the General List of the Court (Corfu Channel (United Kingdom v. Albania)) was submitted on 22 May 1947. Between then and 31 July 2011 the Court has had to deal with a total of 150 cases, i.e., 124 contentious cases and 26 advisory procedures (the full list of all the proceedings is annexed to this Yearbook, Annex 1, p. 234). In total, the Court has rendered 107 Judgments and 26 Advisory Opinions.

1. New Applications and Requests

During the period under review in this Yearbook, the Court received several requests. Costa Rica instituted proceedings before the Court against Nicaragua on 18 November 2010 and requested the Court to indicate provisional measures. In a request filed on 13 January 2011, Greece asked for permission to intervene in the case concerning Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening). Lastly, on 28 April 2011, Cambodia made a request for interpretation of the Judgment rendered by the Court on 15 June 1962 in the case concerning the Temple of Preah Vihear (Cambodia v. Thailand). At the same time, it requested the indication of provisional measures.

2. Public Hearings

Between 1 August 2010 and 31 July 2011, the Court held public hearings in five cases. First, it held hearings in September 2010, on the preliminary objections raised by the Russian Federation in the case concerning Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation). Then, in October 2010, it held separate hearings on the Applications for permission to intervene submitted by Costa Rica and Honduras in the case concerning Territorial and Maritime Dispute (Nicaragua v. Colombia); thereafter, in January 2011, it held hearings on the request for the indication of provisional measures submitted by Costa Rica in

ProceedIngs PendIng

5

the case concerning Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua). The Court also held hearings in March 2011 in the case concerning Application of the Interim Accord of 13 September 1995 (the former Yugoslav Republic of Macedonia v. Greece) and in May 2011 on the request for the indication of provisional measures submitted by Cambodia in the case concerning the Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand).

3. Decisions

During the period between 1 August 2010 and 31 July 2011, the Court delivered four Judgments, one on the merits (Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo)), another on preliminary objections (Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation)) and two on Applications to intervene (Territorial and Maritime Dispute (Nicaragua v. Colombia), Application for Permission to Intervene by Honduras and Application for Permission to Intervene by Costa Rica). Ten Orders were delivered, two following requests for the indication of provisional measures (in the cases concerning Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) and the Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand)); two others were Orders directing the removal of a case from the General List (Certain Criminal Proceedings in France (Republic of the Congo v. France) and Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters (Belgium v. Switzerland)). Another Order related to Greece’s Application for permission to intervene in the case concerning Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening). The final five Orders, three of which were made by the President of the Court, concerned the fixing or extension of time-limits for the filing of pleadings.

*

Proceedings pending before the Court during the period under review:

(a) Contentious

Title

Dates

GabčíkovoNagymaros Project (Hungary/Slovakia)

Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo)

1993-

1998-

6

introduction

Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda)

1999-

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia)

1999-

Territorial and Maritime Dispute (Nicaragua v. Colombia)

2001-

Certain Criminal Proceedings in France (Republic of the Congo v. France)

2003-2010

Maritime Dispute (Peru v. Chile)

2008-

Aerial Herbicide Spraying (Ecuador v. Colombia)

2008-

Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation)

2008-2011

Application of the Interim Accord of 13 September 1995 (the former Yugoslav Republic of Macedonia v. Greece)

2008-

Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening)

2008-

Questions relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal)

2009-

Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters (Belgium v. Switzerland)

2009-2011

Whaling in the Antarctic (Australia v. Japan)

2010-

Frontier Dispute (Burkina Faso/Niger)

2010-

Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua)

2010-

Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand)

2011-

(b) Advisory

Judgment No. 2867 of the Administrative Tribunal of the International Labour Organization upon a Complaint Filed against the International Fund for Agricultural Development

2010-

CHAPTER I

7

ORGANIZATION OF THE COURT

The organization of the International Court of Justice is governed by Articles 2-33 of the Statute of the Court and by Articles 1-18 and 32-37 of the Rules of Court.

I. MeMbers of the Court

1. Composition of the Court 1

The Court consists of 15 Members (Statute, Art. 3, para. 1). On 31 July 2011 the composition of the Court was as follows: