While for a hundred years third parties largely steered clear of the Permanent Court and the International Court of Justice, since 2022 there has been a sudden increase in the number of proceedings brought by States that are not directly injured, of requests to intervene in contentious cases, of requests to participate in advisory proceedings and of invocations of the absence of third indispensable parties. This practice raises two major challenges : broadening the range of interests that third parties can invoke before the Court and adapting existing procedural instruments to ensure that all these private, collective and public interests are effectively protected. The path towards diversifying the forms of third-party participation and adapting the procedural instruments allowing such participation seems to be underway.
La participation des tiers aux procédures devant la Cour internationale de Justice / Bonafe, Beatrice. - In: ANNUAIRE FRANÇAIS DE DROIT INTERNATIONAL. - ISSN 0066-3085. - 69:(2025), pp. 287-312.
La participation des tiers aux procédures devant la Cour internationale de Justice
Beatrice Bonafe
2025
Abstract
While for a hundred years third parties largely steered clear of the Permanent Court and the International Court of Justice, since 2022 there has been a sudden increase in the number of proceedings brought by States that are not directly injured, of requests to intervene in contentious cases, of requests to participate in advisory proceedings and of invocations of the absence of third indispensable parties. This practice raises two major challenges : broadening the range of interests that third parties can invoke before the Court and adapting existing procedural instruments to ensure that all these private, collective and public interests are effectively protected. The path towards diversifying the forms of third-party participation and adapting the procedural instruments allowing such participation seems to be underway.File | Dimensione | Formato | |
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Bonafe_ Participation_2025.pdf
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