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Into the Void: A Counsel Perspective on the Need to Articulate Rules Concerning Disclosure Before the ICJ

Published online by Cambridge University Press:  31 December 2019

Kate Parlett  and
Amy Sander
Kate Parlett
Affiliation:
Twenty Essex, London, kparlett@twentyessex.com.
Amy Sander
Affiliation:
Essex Court Chambers, London, asander@essexcourt.com.
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Extract

Individuals appearing before the International Court of Justice (ICJ or Court) are not subject under international law to any compulsory code of conduct which would guide them in navigating issues of professional ethics. Neither the ICJ Statute nor its Rules impose any qualification requirements on counsel. In practice, legal teams appearing before the Court are comprised of individuals from different legal backgrounds, who tend to be either qualified legal practitioners or academics. Qualified practitioners may be subject to professional codes of conduct from their home jurisdiction, but these can vary considerably across different jurisdictions. Counsel who are academics or are not admitted in any jurisdiction may not be subject to any conduct rules.

Type
Assessing Professional and Judicial Integrity in International Tribunals
Information
Proceedings of the ASIL Annual Meeting , Volume 113 , 2019 , pp. 219 - 222
Copyright
Copyright © 2019 by The American Society of International Law

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References

1 ILA Study Group on the Practice and Procedure of International Courts and Tribunals, The Hague Principles on Ethical Standards of Counsel Appearing Before International Courts and Tribunals (Sept. 27, 2010), available at https://www.ucl.ac.uk/international-courts/sites/international-courts/files/hague_sept2010.pdf.

2 See Case Concerning the Northern Cameroons (Cameroon v. UK), Preliminary Objections, Judgment, 1963 ICJ Rep. 15, at 29 (Dec. 2) (referring to the “duty of the Court to maintain its judicial character” and its “judicial integrity”); see also Oil Platforms (Iran v. U.S.), 2003 ICJ Rep. 161, 323–24, paras. 46-47, 52 (sep. op., Owada, J.) (Nov. 6).

3 Oil Platforms, supra note 2, at 323–24, paras. 46-47, 52 (sep. op., Owada, J.).

4 IBA Rules on the Taking of Evidence in International Arbitration, Arts. 3(3), 3(6), 3(7), 9(5) (May 29, 2010).