· worldcourts.com > p.c.i.j. > documents > the rules of court
 · research · about · contact · help · webstats · links to us · search · add to favorites ·
 · home · timeline · structure · procedure · jurisdiction · decisions · statistics · documents · bibliography ·
 

JUSTICE UPDATED

       
  

Permanent Court of International Justice

 

The Rules of Court

 

Adopted on March 11, 1936

 

TABLE OF CONTENTS

 

Preamble
Heading I. Constitution and Working of the Court  
Section 1. Constitution of the Court  
Judges and Technical Assessors  

Article 1.

Article 2.

Article 3.

Article 4.

Article 5.

Article 6.

Article 7.

Article 8.  

The Presidency  

Article 9.

Article 10.

Article 11.

Article 12.

Article 13.

Article 14.

Article 15.

Article 16.

Article 17.

Article 18.

Article 19.

Article 20.

Article 21.

Article 22.

Article 23.  

The Special Chambers and the Chamber for Summary Procedure.  
Article 24.  
Section 2. Working of the Court

Article 25.

Article 26.

Article 27.

Article 28.

Article 29.

Article 30.  

Heading II. Contentious Procedure  
Article 31.  
Section 1. Procedure before the full court  
I. General Rules  
Institution of proceedings.

Article 32.

Article 33.

Article 34.

Article 35.

Article 36.

Preliminary Measures  

Article 37.

Article 38.  

Written Proceedings  

Article 39.

Article 40.

Article 41.

Article 42.

Article 43.

Article 44.

Article 45.

Article 46.  

Oral Proceedings  

Article 47.

Article 48.

Article 49.

Article 50.

Article 51.

Article 52.

Article 53.

Article 54.

Article 55.

Article 56.

Article 57.

Article 58.

Article 59.

Article 60.  

II. Occasional Rules.  
Interim Protection.  
Article 61.  
Preliminary Objections.  
Article 62.  
Counter-claims.  
Article 63.  
Intervention.  

Article 64.

Article 65.

Article 66.

Appeals to the Court.  
Article 67.  
Settlement and Discontinuance  

Article 68.

Article 69.  

Section 2. Procedure before the Special Chambers and the Chamber for Summary Procedure.  

Article 70.

Article 71.

Article 72.

Article 73.  

Section 3. Judgements  

Article 74.

Article 75.

Article 76.  

Section 4. Requests for the revision or interpretation of a judgement  

Article 78.

Article 79.

Article 80.

Article 81.  

Heading III. Advisory Opinions  

Article 82.

Article 83.

Article 84.

Article 85.  

Final Provision  
Article 86.  

 


Preamble

The Court,

Having regard to the Statute annexed to the Protocol of December 16th, 1920, and the amendments to this Statute annexed to the Protocol of September 14th, 1929, in force as from February 1st, 1936;

Having regard to Article 30 of this Statute;

Adopts the present Rules:

 

Heading I. Constitution and Working of the Court

 

Section I. Constitution of the Court

 

Judges and Technical Assessors

 

Article 1.

The term of office of members of the Court shall begin to run on January 1st of the year following their election, except in the case of an election under Article 14 of the Statute, in which case the term of office shall begin on the date of election.

 

Article 2.

1)                  Members of the Court elected at an earlier session of the Assembly and of the Council of the League of nations shall take precedence over members elected at a subsequent session. Members elected during the same session shall take precedence according to age. Judges nominated under Article 31 of the Statute of the Court from outside the Court shall take precedence after the other judges in order of age.

2)                  The Vice-President shall take his seat on the right of the President in the order laid down above.

 

Article 3.

1)                  Any State which considers that it possesses and which intends to exercise the right to nominate a judge under Article 31 of the Statute of the Court shall so notify the Court by the date fixed for the filing of the Memorial. The name of the person chosen to sit as judge shall be indicated, either with the notification above mentioned, or within a period to be fixed by the President. These notifications shall be communicated to the other parties and they may submit their views to the Court within a period to be fixed by the President. If any doubt or objection should arise, the decision shall rest within the Court, if necessary after hearing the parties.

2)                  If, on receipt of one or more notifications under the terms of the preceding paragraph, the Court finds that there are several parties in the same interest and that none of them has a judge of its nationality upon the Bench, it shall fix a period within which these parties, acting in concert, may nominate judge under Article 31 of the Statute. if, at the expiration of this time-limit, no notification of a nomination by them has been made, they shall be regarded as having renounced the right conferred upon them by Article 31 of the Statute.

 

Article 4.

Where one or more parties are entitled to nominate a judge under Article 31 of the Statute, the full Court may sit with a number of judges exceeding the number of members of the Court fixed by the Statute.

 

Article 5.

1)                  The declaration to be made by every judge in accordance with Article 20 of the Statute of the Court shall be worded as follows:

"I solemnly declare that I will exercise all my powers and duties as a judge honorably and faithfully, impartially and conscientiously."

2)                  This declaration shall be made at the first public sitting of the Court at which the judge is present after his election or nomination. A special public sitting of the Court may be held for this purpose.

3)                  At the public inaugural sitting held after a new election of the whole Court the required declaration shall be made first by the President, next by the Vice-President, and then by the remaining judges in the order laid down in Article 2 of the present Rules.

 

Article 6.

For the purpose of applying Article 18 of the Statute of the Court the President, or if necessary the Vice-President, shall convene the members of the Court. The member affected shall be allowed to furnish explanations. When he had done so the question shall be discussed and a vote shall be taken, the member in question no being present. If the members present are unanimous, the Registrar shall issue the notification prescribed in the above-mentioned Article.

 

Article 7.

1)                  The President shall take steps to obtain all relevant information with a view to the selection of the technical assessors to be appointed in a case. For case falling under Article 26 of the Statute of the Court, he shall consult the Governing Body of the International Labor Office.

2)                  Assessors shall be appointed by an absolute majority of votes by the full Court or by the Chamber which has to deal with the case in question, as the case may be.

3)                  A request for assessors to be attached to the Court under Article 27, § 2, of the Statute must at latest be submitted with the first document of the written proceedings. Such a request shall be complied with if the parties are in agreement. if the parties are not in agreement, the decision rests with the full Court or with the Chamber, as the Case made be.

 

Article 8.

Before taking up their duties, assessors shall make the following solemn declaration at a public sitting:

"I solemnly declare that I will exercise my duties and powers as an assessors honorably and faithfully, impartially and conscientiously, and that I will scrupulously observe all the provisions of the Statute and of the Rules of Court."

 

The Presidency

 

Article 9.

1)                  The President and the Vice-President shall be elected in the last quarter of the last year of office of the retiring President and Vice-President. They shall take up their duties on the following January 1st.

2)                  After a new election of the whole Court, the election of the President and of the Vice-President shall take place at the commencement of the following year. The President and Vice-President elected in these circumstances shall take up their duties on the date of their election. They shall remain in office until the end of the second year after the year of their election.

3)                  Should the President or the Vice-President or the Vice-President cease to belong to the Court before the expiration of his normal term of office, an election shall be held for the purpose of appointing a successor for the unexpired portion of his term of office.

4)                  The elections referred to in the present Article shall take place by secret ballot. The candidate obtaining an absolute majority of votes shall be declared elected.

 

Article 10.

The President shall direct the work and administration of the Court; he shall preside at the meetings of the full Court.

 

Article 11.

The Vice-President shall take the place of the President, if the latter is unable to fulfill his duties. In the event of the President ceasing to hold office, the same rule shall apply until his successor has been appointed by the Court.

 

Article 12.

1)                  The discharge of the duties of the President shall always be assured at the seat of the Court, either by the President himself or by the Vice-President.

2)                  If at the same time both the President and the Vice-President are unable to fulfil their duties, or if both appointments are vacant at the same time, the duties of President shall be discharged by the oldest among the members of the Court who have been longest on the Bench.

3)                  After a new election of the whole Court, and until the election of the President and the Vice-President, the duties of President shall be discharged by the oldest member of the Court.

 

Article 13.

1)                  If the President is a national of one of the parties to a case brought before the Court, he will hand over his functions as President in respect of that case. The same rule applies to the Vice-President or to any member of the Court who might be called on to act as President.

2)                  If, after a new election of the whole Court, the newly elected President sits, under Article 13 of the Statute of the Court, in order to finish a case which he had begun during his preceding term of office as judge, the duties of President, in respect of such case, shall be discharged by the member of the Court who presided when the case was last under examination, unless the latter is unable to sit, in which case the former Vice-President or the oldest among the members of the Court who have been longest on the Bench shall discharge the duties of President.

3)                  If, owing to the expiry of a President's period of office, a new President is elected, and if the Court sits after the end of the said period in order to finish a case which it had begun to examine during that period, the former President shall retain the functions of President in respect of that case. Should he be unable to fulfil his duties, his place shall be taken by the newly elected President.

 

Article 14.

1)                  The Court shall select its Registrar from amongst candidates proposed by members of the Court. The latter shall receive adequate notice of the date on which the list of candidates will be closed so as to enable nominations and information concerning the nationals of distant countries to be received in sufficient time.

2)                  Nominations must give the necessary particulars regarding age, nationality, university degrees and linguistic attainments of candidates, as also regarding their judicial and diplomatic qualifications, their experience in connection with the work of the League of Nations and their present profession.

3)                  The election shall be by secret ballot and be an absolute majority of votes.

4)                  The Registrar shall be elected for a term of seven years reckoned from January 1st of the year following that in which the election takes place. He may be re-elected.

5)                  Should the Registrar cease to hold his office before the expiration of the term above mentioned, and election shall be held for the purpose of appointing a successor. Such election shall be for a term of seven years.

6)                  The Court shall appoint a Deputy-Registrar to assist the Registrar, to act as Registrar in his absence and, in the event of his ceasing to hold the office, to perform the duties until a new Registrar shall have been appointed. The Deputy-Registrar shall be appointed under the same conditions and in the same way as the Registrar.

 

Article 15.

1)                  Before taking up his duties, the Registrar shall make the following declaration at a meeting of the full Court:

"I solemnly declare that I will perform the duties conferred upon me as Registrar of the Permanent Court of International Justice in all loyalty, discretion and good conscience."

2)                  The Deputy-Registrar shall make a similar declaration in the same conditions.

 

Article 16.

The Registrar is entitled to two months' holiday in each year.

 

Article 17.

1)                  The officials of the Registry, other than the Deputy-Registrar, shall be appointed by the Court on proposals submitted by the Registrar.

2)                  On taking up their duties, such officials shall make the following declaration before the President, the Registrar being present:

"I solemnly declare that I will perform the duties conferred upon me as an official of the Permanent Court of International Justice in all loyalty, discretion and good conscience."

 

Article 18.

1)                  The Court shall determine or modify the organization of the Registry upon proposals submitted by the Registrar.

2)                  The Regulations for the staff of the Registry shall be drawn up having regard to the organization decided upon by the Court and to the provisions of the Regulations for the staff of the Secretariat of the League of Nations, to which they shall, as far as possible, conform. They shall be adopted by the President on the proposal of the Registrar, subject to subsequent approval by the Court.

 

Article 19.

In case both the Registrar and the Deputy-Registrar are unable to be present, or in case both appointments are vacant at the same time, the President, on the proposal of the Registrar or the Deputy-Registrar, as the case may be, shall appoint the official of the Registry who is to act as substitute for the Registrar until a successor to the Registrar has been appointed.

 

Article 20.

1)                  The General List of cases submitted to the Court for decision or for advisory opinion shall be prepared and kept up to date by the Registrar on the instructions and subject to the authority of the President. Cases shall be entered in the list and numbered successively according to the receipt of the document bringing the case before the Court.

2)                  The General List shall contain the following headings:

I. Number in list

II. Short title.

III. Date of registration.

IV. Registration number.

V. File number in the archives.

VI. Nature of case.

VII. Parties.

VIII. Interventions.

IX. Method of submission.

X. Date of document instituting proceedings.

XI. Time-limits for filing documents in the written proceedings.

XII. Prolongation, if any, of time-limits.

XIII. Date of termination of the written proceedings.

XIV. Postponements.

XV. Date of the beginning of the hearing (date of the first public sitting).

XVI. Observations.

XVII. References to earlier or subsequent cases.

XVIII. Result (nature and date).

XIX. Removal from the list (nature and date).

XX. References to publications of the Court relating to the case.

3)                  The General List shall also contain a space for notes, if any, and spaces for the inscription, above the initials of the President and of the Registrar of the dates of the entry of the case, of its result, or of its removal from the list, as the case may be.

 

Article 21.

1)                  The Registrar shall be the channel for all communications to and from the Court.

2)                  The Registrar shall ensure that the date of dispatch and receipt of all communications and notifications may readily be verified. Communications and notifications sent by post shall be registered. Communications addressed to the agents of the parties shall be considered as having been addressed to the parties themselves. The date of receipt shall be noted on all documents received by the Registrar, and a receipt bearing this date and the number under which the document has been registered shall be given to the sender.

3)                  The Registrar shall, subject to the obligation of secrecy attaching to his official duties, reply to all inquiries concerning the work of the Court, including inquiries from the Press.

4)                  The Registrar shall publish in the Press all necessary information as to the date and hour fixed for public sittings.

 

Article 22.

A collection of the judgments and advisory opinions of the Court, as also of such orders as the Court may decide to include therein, shall be printed and published under the responsibility of the Registrar.

 

Article 23.

1)                  The Registrar shall be responsible for the archives, the accounts and all administrative work. He shall have the custody of the seals and stamps of the Court. The Registrar of the Deputy-Registrar shall be present at all sittings of the full Court and at sittings of the Special Chambers and of the Chambers for Summary Procedure. The Registrar shall be responsible for drawing up the minutes of the meetings.

2)                  He shall undertake, in addition, all duties which may be laid upon him by the present Rules.

3)                  The duties of the Registry shall be set forth in detail in a list of instructions submitted by the Registrar to the President and approved by him.

 

The Special Chambers and the Chamber for Summary Procedure.

 

Article 24.

1)                  The members of the Chambers constituted by virtue of Article 26, 27 and 29 o the Statute of the Court and also the substitute members shall be appointed at a meeting of the full Court by secret ballot and by an absolute majority of votes.

2)                  The election shall take place in the last quarter of the year and the period of appointment of the persons elected shall commence on January 1st of the following year.

3)                  Nevertheless, after a new election of the whole Court, the election shall take place at the beginning of the following year. The period of appointment shall commence on the date of election and shall terminate, in the case of the Chamber referred to in Article 29 of the Statute, at the end of the same year and, in the case of the Chambers referred to in Article 26 and 27 of the Statute, at the end of the second year after the year of election.

4)                  The Presidents of the Chambers shall be appointed at a sitting of the full Court. Nevertheless, the President of the Court shall preside ex officio over any Chamber of which he may be elected a member; similarly, the Vice-President of the Court shall preside ex officio over any Chamber of which he may be elected a member and of which the President of the Court is not a member.

5)                  The Chambers referred to in Article 26, 27 and 29 of the Statute of the Court may not sit with a greater number than five judges.

 

Section II Working of the Court

 

Article 25.

The judicial year shall begin on January 1st in each year.

In the absence of a special resolution by the Court, the dates and duration of the judicial vacations are fixed as follows:

from December 18th to January 7th;

from the Sunday before Easter to the second Sunday after Easter;

from July 15th to September 15th.

In case of urgency, the President can always convene the members of the Court during the periods mentioned in the preceding paragraph.

The public holidays which are customary at the place where the Court is sitting will be observed by the Court.

 

Article 26.

The order in which the leaves provided for in Article 23, paragraph 2, of the Statute of the Court are to be taken shall be laid sown in a list drawn up by the Court for each period of three years. This order can only be departed from for serious reasons duly admitted by the Court.

The number of members of the Court on leave at an one time must not exceed two. The President and the Vice-President must not take their leave at the same time.

 

Article 27.

Members of the Court who are prevented by illness or other serious reasons from attending a sitting of the Court to which they have been summoned by the President, shall notify the President who will inform the Court.

 

Article 28.

The date and hour of sittings of the full Court shall be fixed by the President of the Court.

The date and hour of sittings of the Chambers referred to in Article 26, 27 and 29 of the Statute of the Court shall be fixed by the Presidents of the Chambers respectively. The first sitting, however, of a Chamber in any particular case is fixed by the President of the Court.

 

Article 29.

If a sitting of the full Court has been convened and it is found that there is no quorum, the President shall adjourn the sitting until a quorum has been obtained. Judges nominated under Article 31 of the Statute shall not be taken into account for the calculation of the quorum.

 

Article 30.

The Court shall sit in private to deliberate upon disputes which are submitted to it and upon advisory opinions which it is asked to give.

During the deliberations referred to in the preceding paragraph, only persons authorized to take part therein and the Registrar or his substitute shall be present. No other person shall be admitted except by virtue of a special decision take by the Court.

Every judge who is present at the deliberations shall state his opinion together with the reasons on which it is based.

Any judge may request that a question which is to be voted upon shall be drawn up in precise terms in both the official languages and distributed to the Court. Effect shall be given to any such request.

The decision of the court shall be based upon the conclusions adopted after final discussion by a majority of the judges voting in an order inverse to the order laid down by Article 2 of the present Rules.

No detailed minutes shall be prepared of the private meetings of the Court for deliberation upon judgements or advisory opinions; the minutes of these meetings are to be considered as confidential and shall record only the subject of the debates, the votes taken, the names of those voting for and against a motion and statements expressly made for insertion in the minutes.

After the final vote taken on a judgement or advisory opinion, any judge who desires to set forth his individual opinion must do so in accordance with Article 57 of the Statute.

Unless otherwise decided by the Court, paragraph 2, 4 and 5 of this Article shall apply to deliberations by the Court in private upon any administrative matter.

 

Heading II. Contentious Procedure

 

Article 31.

The rules contained in Sections I, II and IV of this Heading shall not preclude the adoption by the Court of particular modifications or additions proposed jointly by the parties and considered by the Court to be appropriate to the case and in the circumstances.

 

Section 1. Procedure before the full court

 

I. General Rules

 

Institution of proceedings

 

Article 32.

When a case is brought before the Court by means of a special agreement, Article 40, paragraph 1, of the Statute of the Court shall apply.

When a case is brought before the Court by means of an application, the application must, as laid down in Article 40, paragraph 1, of the Statute, indicate the party making it, the party against whom the claim is brought and the subject of the dispute. It must also, as far as possible, specify the provision on which the applicant founds the jurisdiction of the Court, state the precise nature of the claim and give a succinct statement of the facts and grounds on which the claim is based, these facts and grounds being developed in the Memorial, to which the evidence will be annexed.

The original of an application shall be signed either by the agent of the party submitting it, or by the diplomatic representative of the party at The Hague, or by a duly authorized person. If the document bears the signature of a person other than the diplomatic representative of that party at The Hague, the signature must be legalized by this diplomatic representative or by the competent authority of the government concerned.

 

Article 33.

When a case is brought before the Court by means of an application, the Registrar shall transmit forthwith to the party against whom the claim is brought a copy of the application certified by him to be correct.

When a case is brought before the Court by means of a special agreement filed by one only of the parties, the Registrar shall notify forthwith the other party that it has been so filed.

 

Article 34.

The Registrar shall transmit forthwith to all the members of the Court copies of special agreements or applications submitting a case to the Court

He shall also transmit through the channels indicated in the Statute of the Court or in a special arrangements, as the case may be, copies to Members of the League of Nations and to States entitled to appear before the Court.

 

Article 35.

When a case is brought before the Court by means of a special agreement, the appointment of the agent or agents of the party or parties lodging the special agreement shall be notified at the same time as the special agreement is filed. If the special agreement is filed by one only of the parties, the other party shall, when acknowledging receipt of the communication announcing the filing of the special agreement, or failing this, as soon as possible, inform the Court of the name of its agent.

When a case is brought before the Court by means of an application, the application, or the covering letter, shall state the name of the agent of the applicant government.

The party against whom the application is directed and to whom it is communicated shall, when acknowledging receipt of the communication, or failing this, as soon as possible, inform the Court of the name of its agent.

Applications to intervene under Article 64 of the present Rules, interventions under Article 66 and requests under Article 78 for the revision, or under Article 79 for the interpretation, of a judgment, shall similarly be accompanied by the appointment of an agent.

The appointment of an agent must be accompanied by a mention of his permanent address at the seat of the Court to which all communications as to the case are to be sent.

 

Article 36.

The declaration provided for in the Resolution of the Council of the League of Nations dated May 17th, 1922, shall be filed with the Registry at the same time as the notification of the appointment of the agent.

 

Preliminary Measures

 

Article 37.

In every case submitted to the Court, the President ascertains the views of the parties with regard to questions connected with the procedure; for this purpose he may summon the agents to a meeting as soon as they have been appointed.

In the light of the information obtained by the President, the Court will make the necessary orders to determine inter alia the number and order of the documents of the written proceedings and the time-limits within which they must be presented.

In the making of an order under the foregoing paragraph, any agreement between the parties is to be taken into account so far as possible.

The Court may extend time-limits which have been fixed. It may also, in special circumstances and after giving the agent of the opposing party an opportunity of submitting his views, decide that a proceeding taken after the expiration of a time-limit shall be considered as valid.

If the Court is not sitting and without prejudice to any subsequent decision of the Court, its powers under this Article shall be exercised by the President.

 

Article 38.

Time-limits shall be fixed by assigning a definite date for the completion of the various acts of procedure.

 

Written Proceedings

 

Article 39.

Should the parties agree that the proceedings shall be conducted wholly in French, or wholly in English, the documents of the written proceedings shall be submitted only in the language adopted by the parties.

In the absence of an agreement with regard to the language to be employed, the documents shall be submitted in French or in English.

Should the use of a language other than French or English be authorized, a translation into French or into English shall be attached to the original of each document submitted.

The Registrar shall bot be bound to make translations of the documents of the written proceedings.

 

Article 40.

The original of every document of the written proceedings shall be signed by the agent and filed with the Court accompanied by fifty printed copies bearing the signature of the agent in print.

When a copy of a document of the written proceedings is communicated to the other party under Article 43, paragraph 4, of the Statute of the Court, the Registrar shall certify that it is a correct copy of the original filed with the Court.

All documents of the written proceedings shall be dated. When a document has to be filed by a certain date, it is the date of the receipt of the document by the Registrar which will be regarded by the Court as the material date.

If the Registrar at the request of the agent of a party arranges for the printing, at the cost of the government which this agent represents, of a document which it is intended to file with the Court, the text must be transmitted to the Registry in sufficient time to enable the printed document to be filed before the expiry of any time-limit which may apply to it.

When, under this Article, a document has to be filed in a number of copies fixed in advance, the President may require additional copies to be supplied.

The correction of a slip or error in a document which has been filed is permissible at any time with the consent of the other party, or by leave of the President.

 

Article 41.

If proceedings are instituted by means of a special agreement, the following documents may, subject to Article 37, paragraph 2 and 3, of the present Rules, be presented in the order stated below:

-                     a Memorial, by each party within the same time-limit;

-                     a Counter-Memorial, by each party within the same time-limit;

-                     a Reply, by each party within the same time-limit.

If proceedings are instituted by means of an application, the documents shall, subject to Article 37, paragraph 2 and 3, of the present Rules, be presented in the order stated below:

-                     the Memorial by the applicant

-                     the Counter-Memorial by the respondent;

-                     the Reply by the applicant;

-                     the Rejoinder by the respondent.

 

Article 42.

A Memorial shall contain: a statement of the facts on which the claim is based, a statement of law, and the submissions.

A Counter-Memorial shall contain: the admission or denial of the facts stated in the Memorial; any additional facts, if necessary; observations concerning the statement of law in the Memorial, a statement of law in answer thereto, and the submissions.

 

Article 43.

A copy of every document in support of the arguments set forth therein must be attached to the Memorial or Counter-Memorial; a list of such documents shall be given after the submissions. If, on account of the length of a document, extracts only are attached, the document itself or a complete copy of it must, if possible, and unless the document has been published and is of a public character, be communicated to the Registrar for the use of the Court and of the other party.

Any document filed as an annex which is in a language other than French or English, must be accompanied by a translation into one of the official languages of the Court. Nevertheless, in the case of lengthy documents, translations of extracts may be submitted, subject, however, to any subsequent decision by the Court, or, if it is not sitting, by the President.

Paragraphs I and II of the present Article shall apply also to the other documents of the written proceedings.

 

Article 44.

The Registrar shall forward to the judges and to the parties copies of all the documents in the case, as and when he receives them.

The Court, or the President if the Court is not sitting, may, after obtaining the views of the parties, decide that the Registrar shall hold the documents of the written proceedings in a particular case at the disposal of the government of any Member of the League of Nations or State which is entitled to appear before the Court.

The Court, or the President, if the Court is not sitting, may, with the consent of the parties, authorize the documents of the written proceedings in regard to a particular case to be made accessible to the public before the termination of the case.

 

Article 45.

Upon the termination of the written proceedings, the case is ready for hearing.

 

Article 46.

Subject to the priority resulting from Article 61 of the present Rules, cases submitted to the Court will be taken in the order in which they become ready for hearing. When several cases are ready for hearing, the order in which they will be taken is determined by the position which they occupy in the General List.

Nevertheless, the Court may, in special circumstances, decide to take a case in priority to other which are ready for hearing and which precede it in the General List.

If the parties to a case which is ready for hearing are agreed in asking for the case to be put after other cases which are ready for hearing and which follow it in the General List, the President may grant such an adjournment: if the parties are not in agreement, the President decides whether or not to submit the question to the Court.

 

Oral Proceedings

 

Article 47.

When a case is ready for hearing, the date for the commencement of the oral proceedings shall be fixed by the Court, or by the President if the Court is not sitting.

If occasion should arise, the Court or the President, if the Court is not sitting, may decide that the commencement or continuance of the hearings shall be postponed.

 

Article 48.

Except as provided in the following paragraph, no new document may be submitted to the Court after the termination of the written proceedings save with the consent of the other party. The party desiring to produce the new document shall file the original or a certified copy thereof with the Registry, which will be responsible for communicating it to the other party and will inform the Court. The other party shall be held to have given its consent if it does not lodge and objection to the production of the document.

If this consent is not given, the Court, after hearing the parties, may either refuse to allow the production or may sanction the production of the new document. If the Court sanctions the production of the new document, an opportunity shall be given to the other party of commenting upon it.

 

Article 49.

In sufficient time before the opening of the oral proceedings, each party shall inform the Court and, through the Registry, the other parties, of the names, Christian names, description and residence of witnesses and experts whom it desires to be heard. It shall further give a general indication of the point or points to which the evidence is to refer.

Similarly, and subject to Article 48 of these Rules and to the preceding paragraph of this Article, each party shall indicate all other evidence which it intends to produce or which it , intends to request the Court to take, including any request for the holding of an expert enquiry.

 

Article 50.

The Court shall determine whether the parties shall address the Court before or after the production of the evidence; the parties shall, however, retain the right to comment on the evidence given.

 

Article 51.

The order in which the agents, counsel or advocates shall be called upon to speak shall be determined by the Court, unless there is an agreement between the parties on the subject.

 

Article 52.

During the hearing, which is under the control of the President, the latter, either in the name of the Court or in his own behalf, may put question to the parties or may ask them for explanations.

Similarly, each of the judges may put questions to the parties or ask for explanations; nevertheless, he shall first apprise the President.

The parties shall be free to answer at once or at a later date.

 

Article 53.

Witnesses and experts shall be examined by the agents, counsel and advocates of the parties under the control of the President. Questions may be put to them by the President and by the judges.

Each witness shall make the following solemn declaration before giving his evidence in Court: "I solemnly declare upon my honour and conscience that I will speak the truth, the whole truth and nothing but the truth."

Each expert shall make the following solemn declaration before making his statement in Court:

"I solemnly declare upon my honour and conscience that my statement will be in accordance with my sincere belief."

 

Article 54.

The Court may invite the parties to call witnesses or experts, or may call for the production of any other evidence on points of fact in regard to which the parties are not in agreement. If need be, the Court shall apply the provisions of Article 44 of the Statute of the Court.

 

Article 55.

The indemnities of witnesses or experts who appear at the instance of the Court shall be paid out of the funds of the Court.

 

Article 56.

The Court, or the President should the Court not be sitting, shall, at the request of one of the parties or on its own initiative, take the necessary steps for the examination of witnesses or experts otherwise than before the Court itself.

 

Article 57.

If the Court considers it necessary to arrange for an enquiry or an expert report, it shall issue an order to this effect, after duly hearing the parties, stating the subject of the enquiry or expert report, and sitting out the number and appointment of the persons to hold the enquiry or of the experts and the formalities to be observed

Any report or record of an enquiry and any expert report shall be communicated to the parties.


Article 58.

In the absence of any decision to the contrary by the Court, or by the President if the Court is not sitting at the time when the decision has to be made, speeches or statements made before the Court in one of the official languages shall be translated into the other official language; the same rule shall apply in regard to questions and answers. The Registrar shall make the necessary arrangements for this purpose.

Whenever a language other than French or English is employed with the authorization of the Court, the necessary arrangements for a translation into one of the two official languages shall be made by the party concerned; the evidence of witnesses and the statements of experts shall, however, be translated under the supervision of the Court. In the case of witnesses or experts who appear at the instance of the Court, arrangements for translation shall be made by the Registry.

The persons making the translations referred to in the preceding paragraph shall make the following solemn declaration in Court:

“I solemnly declare upon my honour and conscience that my translation will be a complete and faithful rendering of what I am called upon to translate.”

 

Article 59.

The minutes mentioned in Article 47 of the Statute of the Court shall include:

The names of the judges present;

The names of the agents, counsel or advocates present;

The names, Christian names, description and residence of witnesses and experts heard;

A statement of the evidence produced at the hearing;

Declaration made on behalf of the parties;

A brief mention of questions put to the parties by the President or by the judges;

Any decisions delivered or announced by the Court during the hearing.

The minutes of public sittings shall be printed and published.

 

Article 60.

In respect of each hearing held by the Court, a shorthand note shall be made under the supervision of the Registrar of the oral proceedings, including the evidence taken, and shall be appended to the minutes referred to in Article 59 of the present Rules. This note, unless otherwise decided by the Court, shall contain any interpretations from one official language to the other made in Court by the interpreters.

The report of the evidence of each witness or expert shall be read to him in order that, under the supervision of the Court, any mistakes may be corrected.

Reports of speeches or declarations made by agents, counsel or advocates shall be communicated to them for correction or revision, under the supervision of the Court.

 

II. Occasional Rules.

 

Interim Protection.

 

Article 61.

A request for the indication of interim measures of protection may be filed at any time during the proceedings in the case in connection with which it is made. The request shall specify the case to which it relates, the rights to be protected and the interim measures of which the indication is proposed.

A request for the indication of interim measures of protection shall have priority over all other cases. The decision thereon shall be treated as a matter of urgency.

If the Court is not sitting, the members shall be convened by the President forthwith. Pending the meeting of the Court and a decision by it, the President shall, if need be, take such measures as may appear to him necessary in order to enable the Court to give an effective decision.

The Court may indicated interim measure s of protection other than those proposed in the request.

The rejection of a request for the indication of interim measures of protection shall not prevent the party which has made it from making a fresh request in the same case based on new facts.

The Court may indicate interim measures of protection proprio molu. If the Court is not sitting, the President may convene the members in order to submit to the Court the question whether it is expedient to indicate such measures.

The Court may at any time by reason of a change in the situation revoke or modify its decision indicating interim measures of protection.

The Court shall only indicate interim measures of protection after giving the parties an opportunity of presenting their observations on the subject. The same rule applies when the Court revokes or modifies a decision indicating such measures.

When the President has occasion to convene the members of the Court, judges who have been appointed under Article 31 of the Statute of the Court shall be convened if their presence can be assured at the date fixed by the President for hearing the parties.

 

Preliminary Objections.

 

Article 62.

A preliminary objection must be filed at the latest before the expiry of the time-limit fixed for the filing by the party submitting the objection of the first document of the written proceedings to be filed by that party.

The preliminary objection shall set out the facts and the law on which the objection is based, the submissions and a list of the documents in support; these documents shall be attached; it shall mention any evidence which the party may desire to produce.

Upon receipt by the Registrar of the objection, the proceedings on the merits shall be suspended and the Court, or the President if the Court is not sitting, shall fix the time within which the party against whom the objection is directed may present a written statement of its observations and submissions; documents in support shall be attached and evidence which it is proposed to produce shall be mentioned.

Unless otherwise decided by the Court, the further proceedings shall be oral.

After hearing the parties the Court shall give its decision on the objection or shall join the objection to the merits. If the Court overrules the objection or joins it to the merits, it shall one more fix time-limits for the further proceedings.

 

Counter-claims.

 

Article 63.

When proceedings have been instituted by means of an application, a counter-claim may be -presented in the submissions of the Counter-Memorial, provided that such counter-claim is directly connected with subject of the application and that it come within the jurisdiction of the Court. Any claim which is not directly connected with the subject of the original application must be put forward by means of a separate application and may form the subject of distinct proceedings or be joined by the Court to the original proceedings.

 

Intervention.

 

Article 64.

An application for permission to intervene under the terms of Article 62 of the Statute of the Court shall be filed with the Registry at latest before the commencement of the oral proceedings.

The application shall contain:

·        A specification of the case;

·        A statement of law and of fact justifying intervention.

·        A list of the documents in support of the application; these documents shall be attached.

The application shall be communicated to the parties, who shall send to the Registry their observations in writing within a period to be fixed by the Court, or by the President, if the Court is not sitting.

The application to intervene shall be placed on the agenda for a hearing, the date and hour of which shall be notified to all concerned. Nevertheless, if the parties have not, in their written observations, opposed the application to intervene, the Court may decide that there shall be no oral argument.

The Court will give its decision on the application in the form of a judgement.

Article 65.

If the Court admits the intervention and if the party intervening expresses a desire to file a Memorial on the merits, the Court shall fix the time-limits within which the Memorial shall be filed and within which the other parties may reply by Counter-Memorials; the same course shall be followed in regard to the Reply and the Rejoinder. If the Court is not sitting, the time-limits shall be fixed by the President.

If the Court has not yet given its decision upon the intervention and the application to intervene is not opposed, the President, if the Court is not sitting, may, without prejudice to the decisions of the Court on the question whether the application should be granted, fix the time-limits within which the intervening party may file a Memorial on the merits and the other parties may reply by Counter-Memorials.

In the cases referred to in the two preceding paragraphs, the time-limits shall, so far as possible, coincide with those already fixed in the case.

 

Article 66.

The notification provided for in Article 63 of the Statute of the Court shall be sent to every Member of the League of Nations or State which is party to a convention invoked in the special agreement or in the application as governing the case referred to the Court. A Member or State desiring to avail itself of the right conferred by the above-mentioned Article shall file a declaration to that effect with the Registry.

Any Member of the League of Nations or State, which is a party to the convention in question and to which the notification referred to has not been sent, may in the same way file with the Registry a declaration of intention to intervene under Article 63 of the Statue.

Such declarations shall be communicated to the parties. If any objection or doubt should arise as to whether the intervention is admissible under Article 63 of the Statute, the decision shall rest with the Court.

The Registrar shall take the necessary steps to enable the intervening party to inspect the documents in the case in so far as they relate to the interpretation of the convention in question, and to submit its written observations thereon to the Court within a time-limit to be fixed by the Court or by the President if the Court is not sitting.

These observations shall be communicated to the other parties and may be discussed by them in the course of the oral proceedings; in these proceedings the intervening party shall take part.

 

Appeals to the Court.

 

Article 67.

When an appeal is made to the Court against a decision given b some other tribunal, the proceedings before the Court shall be governed by the provisions of the Statute of the Court and of the Rules.

If the document instituting the appeal must be filed within a certain limit of time, the date of the receipt of this document in the Registry will be taken by the Court as the material date.

The document instituting the appeal shall contain a precise statement of the grounds of the objections to the decision complained of, and these constitute the subject of the dispute referred to the Court.

An authenticated copy of the decision complained of shall be attached to the document instituting the appeal.

It lies upon the parties to produce before the Court any useful and relevant material uon which the decision complained of was rendered.

 

Settlement and Discontinuance

 

Article 68.

If at any time before judgement has been delivered, the parties conclude an agreement as to the settlement of the dispute and so inform the Court in writing, or by mutual agreement inform the Court in writing that officially recording the conclusion of the settlement or the discontinuance of the proceedings; in either case the order will prescribe the removal of the case from the list.

 

Article 69.

If in the course of proceedings instituted by means of an application, the applicant informs the Court in writing that it is not going on with proceedings, and if, at the date on which this communication is received by the Registry, the respondent has not yet taken any step in the proceedings, the Court will make an order officially recording the discontinuance of the proceedings and directing the removal of the case from the list. A copy of this order shall be sent by the Registrar to the respondent.

If, at the time when the notice of discontinuance is received, the respondent has already taken some step in the proceedings, the Court, or the President if the Court is not sitting, shall fix a time-limit within which the respondent must state whether it opposes the discontinuance of the proceedings. It no objection is made to the discontinuance before the expiration of the time-limit, acquiescence will be presumed and the Court will make an order officially recording the discontinuance of the proceedings and directing the removal of the case form the list. If objection is made, the proceedings shall continue.

 

Section 2. Procedure before the Special Chambers and the Chamber for Summary Procedure.

 

Article 70.

Procedure before the Chambers mentioned in articles 26, 27 and 28 of the statute of the Court shall, subject to the provisions of the statute and of these rules relating to the chambers, be governed by the provisions as to procedure before the full Court.

 

Article 71.

1)                  A request that a case should be referred to one of the chambers mentioned in articles 26, 27 and 29 of the statute of the Court, must be made in the document instituting proceedings or must accompany that document. Effect will be given to the request if the parties are in agreement.

2)                  Upon receipt by the registry of the document instituting proceedings in a case brought before one of the chambers mentioned in articles 26, 27 and 29 of the statute, the president of the Court shall communicate the document to the members of the chamber concerned. He shall also take such steps as may be necessary to assure the application of article 31, paragraph 4, of the statute.

4)                  The president of the Court shall convene the chamber at the earliest date compatible with the requirements of the procedure.

5)                  As soon as the chamber has met in order to go into the case submitted to it, the powers of the president of the Court in respect of the case shall be exercised by the president of the chamber.

 

Article 72.

1)                  The procedure before the chamber for summary procedure shall consist of two parts: written and oral.

2)                  The written proceedings shall consist of the presentation of a single written statement by each party in the order indicated in article 4i of the present rules; to it must be attached the documents in support. The chamber may however, if the parties so request or in view of the circumstances and after hearing the parties, call for the presentation of such other written statement as may appear fitting.

3)                  The written statements shall be communicated by the registrar to the members of the chamber and to opposing parties. They shall mention all evidence, other than the documents referred to in the preceding paragraph, which the parties desire to produce.

4)                  When the case is ready for hearing, the president of the chamber shall fix a date for the opening of the oral proceedings, unless the parties agree to dispense with them; even if there are no oral proceedings, the chamber always retains the right to call upon the parties to supply verbal explanations.

6)                  Witnesses or experts whose names are mentioned in the written proceedings must be available so as to appear before the chamber when their presence is required.

 

Article 73.

Judgements given by the special chambers or by the chamber for summary procedure are judgements rendered by the Court. They will be read, however, at a public sitting of the chamber.

 

Section 3. Judgements

 

Article 74.

1)                  The judgement shall contain:

-         the date on which it is pronounced;

-         the names of the judges participating;

-         a statement of who are the parties;

-         the names of the agents of the parties.,

-         a summary of the proceedings;

-         the submissions of the parties;

-         a statement of the facts;

-         the reasons in point of law;

-         the operative provisions of the judgement;

-         the decision, if any, in regard to costs;

-         the number of the judges constituting the majority.

2)                  Dissenting judges may, if they so desire, attach to the judgement either an exposition of their individual opinion or a statement of their dissent.

 

Article 75.

1)                  When the judgement has been read in public, one original copy, duly signed and sealed, shall be placed in the archives of the Court and another shall be forwarded to each of the parties.

3)                  A copy of the judgement shall be sent by the registrar to members of the League of Nations and to states entitled to appear before the Court.

 

Article 76.

The judgement shall be regarded as taking effect on the day on which it is read in open Court.

Article 77. The party in whose favour an order for the payment of the costs has been made may present his bill of costs after judgement has been delivered.

 

Section 4. Requests for the revision or interpretation of a judgement

 

Article 78.

1)                  A request for the revision of a judgement shall be made by an application.

The application shall contain:

-                     a specification of the judgement of which the revision is desired;

-                     the particulars necessary to show that the conditions laid down by article 6i of the statute of the Court are fulfilled;

-                     a list of the documents in support; these documents shall be attached to the application.

2)                  The request for revision shall be communicated by the registrar to the other parties. The latter may submit observations within a time-limit to be fixed by the Court, or by the president if the Court is not sitting.

3)                  If the Court makes the admission of the application conditional upon previous compliance with the judgement to be revised, this condition shall be communicated forthwith to the applicant by the registrar and proceedings in revision shall be stayed pending receipt by the Court of proof of compliance with the judgement.

 

Article 79.

1)                  A request to the Court to interpret a judgement which it has given may be made either by the notification of a special agreement between the parties or by an application by one or more of the parties.

2)                  The special agreement or application shall contain:

-                     a specification of the judgement of which the interpretation is requested;

-                     mention of the precise point or points in dispute.

3)                  If the request for interpretation is made by means of an application, the Registrar shall communicate the application to the other Parties, and the latter may submit observations within a time-limit to be fixed by the Court, or by the president if the Court is not sitting.

4)                  Whether the request be made by special agreement or by application, the Court may invite the parties to furnish further written or oral explanations.

 

Article 80.

If the judgement to be revised or to be interpreted was rendered by the full Court, the request for its revision or for its interpretation shall be dealt with by the full Court. If the judgement was pronounced by one of the chambers mentioned in articles 26, 27 or 29 of the statute of the Court, the request for revision or for interpretation shall be dealt with by the same Chamber.

 

Article 81.

The decision of the Court on requests for revision or interpretation shall be given in the form of a judgement.

 

Heading III. Advisory opinions

 

Article 82.

In proceedings in regard to advisory opinions, the Court shall, in addition to the provisions of chapter iv of the statute of the Court, apply the provisions of the articles hereinafter set out. It shall also be guided by the provisions of the present rules which apply in contentious cases to the extent to which it recognizes them to be applicable, according as the advisory opinion for which the Court is asked relates, in the terms of article i4 of the covenant of the League of Nations, to a "dispute" or to a "question."

 

Article 83.

If the question upon which an advisory opinion is requested relates to an existing dispute between two or more members of the League of Nations or states, article 3i of the statute of the Court shall apply, as also the provisions of the present rules concerning the application of that article.

 

Article 84.

1) Advisory opinions shall be given after deliberation by the full Court. They shall mention the number of judges constituting the majority.

2) Dissenting judges may, if they so desire, attach to the opinion of the Court either an exposition of their individual opinion or the statement of their dissent.

 

Article 85.

1) The registrar shall take the necessary steps in order to ensure that the text of the advisory opinion is in the hands of the secretary-general at the seat of the League of Nations at the date and hour fixed for the sitting to be held for the reading of the opinion.

2) One original copy, duly signed and sealed, of every advisory opinion shall he placed in the archives of the Court and another in those of the secretariat of the League of Nations. Certified copies thereof shall be transmitted by the Registrar to Members of the League of Nations, to States and to international organizations directly concerned.

 

Final provision

Article 86.

The present rules of Court which are adopted this eleventh day of march, 1936, repeal, as from this date, the rules adopted on march 24th, 1922, as revised on July 31st, 1926, and amended on September 7th, i927, and February 21st, 1931.

Done at The Hague, this eleventh day of starch nineteen hundred and thirty-six.

(Signed) Cecil J. B. Hurst, President.

(Signed) A. Hammarskjold, Registrar.