International court of the Hague proceedings instructions

International court of the Hague proceedings instructions

Procedure instructions

In October 2001, the Court adopted its first statements of procedure for the use of the States appearing before it. Procedure instructions result in no change to the regulations of the Court, but added to that‑above. They are the result of constant review by the Court, of its methods of work. Once adopted by the Court, any changes to procedure instructions is now placed on the Court's Internet site and published in the Yearbook of the Court, with mention, where appropriate, of any reserve ratione temporis on its applicability.







(As amended on January 20, 2009.)



Statement of procedure I

The court wishes to discourage the practice of simultaneous filing of procedural documents in the cases by way of compromise.



The Court expects that the compromise which will be concluded in the future will include provisions as to the number and the order of presentation of procedural documents, article 46, paragraph 1. These provisions shall prejudice any questions which may arise in the case, including that of the burden of proof.



If the compromise contains no provision as to the number and the order of procedural documents, the Court expected to what the parties are agreed on this point, article 46, paragraph 2.



Statement of procedure II

Each of the parties, in the preparation of each piece of procedure, must bear in mind the fact that‑here is not only to respond to the findings and means of the opposing party, but still and especially to present clearly the findings and means of its author.



However, each party must be included in the conclusion of his procedure plays a brief summary of his argument.



Statement of procedure III

The parties are very urged to ensure that their entries are as concise as possible, within limits compatible with a comprehensive presentation of their positions.



In the light of an excessive trend to the proliferation and elongation of annexes to procedural documents, parties are also urged to operate a rigorous selection of the documents that they attach.



Statement of procedure IV

When one or other of the parties has in whole or in part, a translation of his pieces of procedure or those of the opposing party in the other official language of the Court, it goes without saying that these translations must be provided at the registry of the Court. It is the same for the annexes.



The registry will review these translations and transmit them to the opposing party by him specifying the conditions under which they were established.



Procedure training V

To speed up the proceedings on preliminary objections raised by a party under article 79, paragraph 1, of the regulations of the Court, the time limit for the presentation by the other party of a statement written containing its observations and conclusions, within the meaning of section 79, paragraph 5, shall generally not exceed four months from the date of submission of the said preliminary objections.



Statement of procedure VI

With respect to the pleadings, the Court requests full respect of article 60, paragraph 1, of its rules, as the degree of brevity required. In this context, the Court would be very useful that the parties prefer, in the first round of the oral procedure, the points that were raised by one of them at the stage of the written procedure but have not yet been processed properly by the other, and those on which they take to focus to conclude their arguments. Review of exceptions of incompetence or estoppel, the oral procedure must be confined to presentations on the exceptions.



Statement of procedure VII [**]

The Court considers that it is not in the interest of the proper administration of justice that a person exercising functions of judge ad hoc in a case at the same time, or has recently exercised the functions of officer, Board or counsel in another case before the Court. As a result, when they designate a judge ad hoc pursuant to section 31 of the Statute and article 35 of the regulations of the Court, the parties should refrain from select persons exercising the functions of officer, Board or counsel in another case before the Court, or having exercised such functions in the three years prior to their appointment. In addition, parties should also refrain from appoint as agent, or advocate in a case before the Court a person exercising functions of ad hoc judge in another case before the Court.



Statement of procedure VIII.

The Court considers that it is not in the interest of the proper administration of justice that a person having been up to date recent member of the Court, judge ad hoc, Registrar, Deputy Registrar or senior officer of the Court (principal legal Secretary, first Secretary or Secretary) to intervene as officer, Board or counsel in a case before the Court. Accordingly, the parties should refrain from appoint as agent, or advocate in a case before the Court a person having been, in the three years prior to this appointment, Member of the Court, ad hoc judge, Registrar, Deputy Registrar or senior court official.



Statement of procedure IX

1. The parties to a case before the Court should refrain from presenting new documents after the close of the written procedure.



2. If a party wishes to nevertheless present a document new after the close of the written procedure, including during the oral procedure, under article 56, paragraphs 1 and 2, of the regulation, it will have to explain why it considers necessary to pay this document in the record of the case and why it has not been able to produce earlier.



3. Absence of consent of the other party, the Court will not allow the presentation of the new document only in exceptional, provided this document appears it necessary and its production warranted at this stage of the procedure.



4. If a new document contributed to the record of the case in accordance with the provisions of article 56 of the rules of court, the opposing party, commenting on it, shall present other documents only to the extent that they would be strictly necessary and relevant for the purposes of its comments on the content of the new document.



Statement of procedure IXA

1. There must not be made recourse to article 56, paragraph 4, of the regulations of the Court in a manner which violates the general rule that any document in support of the claims of a party should be attached to the parts of procedure or product under section 56, paragraphs 1 and 2, of the regulations of the Court.



2. The Court determines, in the context of a particular case, whether a document referred to in the title of article 56, paragraph 4, of the regulations of the Court can be regarded as "part of a readily available publication"; It wishes however to specify the parties that the following two conditions must be met so that this provision can be applied:



(i) first, the document must be "part of a publication" - in other words, it must be in the public domain. This publication can be in any format (printed or electronic), in any form (physical or online - on a Web page, for example) or on any medium (paper, digital medium or any other medium) data.



(ii) second, a publication is considered as "easily accessible" insofar as it is for the Court and the other party. Thus, the publication, or its relevant, must be accessible in one or other of the official languages of the Court, and it must be possible to consult within reasonably short. Therefore, a party wishing to mention during the oral procedure a new document from a publication that is not accessible in one or other of the official languages of the Court shall produce accurate certified translations of this document in any one of these languages.



3. To demonstrate that a document is part of a publication accessible pursuant to paragraph 2 above‑above, and for the purpose of ensuring the smooth running of the judicial procedure any party referring a document pursuant to article 56, paragraph 4, of the regulations of the Court must provide the necessary references to its quick reference, unless the origin of the publication is notorious (United Nations documents)(, collections of multilateral treaties, major monographs on international law, works of reference, for example).



4. If, during the oral procedure, a party objects to what either party mentions a document pursuant to article 56, paragraph 4, of the regulations of the Court, the Court decides.



5. If, during the oral procedure, part refers to a document that is part of a readily available publication, the possibility is available to the other party to comment on it.



B procedure IX training

The Court took note of the practice of the parties to establish, for the convenience of the judges, records of pleadings. The Court invites the parties to be able in this regard and recalls that documents in a folder of argument must have been produced pursuant to section 43, status or to article 56, paragraphs 1 and 2 of the regulations of the Court. Any other material cannot be placed on this record, unless part of a readily accessible published in accordance with the statement of IXA procedure and under the conditions laid down by‑above. In addition, the parties must specify in what annex parts of procedure or document produced under section 56, paragraphs 1 and 2, of the regulations the documents listed in the argument file originated.



Statement of procedure X

Whenever a decision on a question of procedure must be taken in a case and that the President deems it necessary to call agents to learn from the parties in this regard, in application of article 31 of the regulations of the Court, it is expected of officers that they meet with the President as soon as possible.



Proceedings XI training

In their oral submissions on applications for indication of provisional measures, the parties should be limited to issues relating to the conditions for the purposes of the indication of provisional measures, as they stand out the status, the regulations and the case law of the Court. The parties should not address the merits of the case to the‑beyond what is strictly necessary for the purposes of the application.



Statement of procedure XII

1. Where a this non-governmental organization, on its own initiative, a statement written or a document in a consultative process, this discussion or this document should not be considered as part of the record of the case.



2. Such presentations writings or documents are treated as easily accessible publications, and States and intergovernmental organizations presenting written or oral submissions in the case concerned can refer to as publications in the public domain.



3. The written submissions or documents submitted by non-governmental organizations are placed in a room of the Palace of the peace designated for this purpose. All the States and intergovernmental organizations presenting written or oral submissions under section 66 of the Statute will be informed of the place where can be found the presentations written and/or documents submitted by non-governmental organizations.



Statement of procedure XIII

The provision of article 31 of the regulations of the Court to which the President information to the parties on matters of procedure is understanding thus:



After the first meeting with the President, the parties, when it is again called to inquire with them about procedural matters, may, if they agree on the procedure to follow, inform by letter.



The views of the parties on the further proceedings may also, if they are in agreement, be collected by teleconference.





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[*] VII and VIII procedure instructions are not affecting the designations or appointments by the parties before February 7, 2002, date of adoption by the Court of the said instructions