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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:
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.
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.
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.
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.
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.
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.
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.
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."
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.
The
President shall direct the work and administration of the Court; he
shall preside at the meetings of the full Court.
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.
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.
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.
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.
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.
The
Registrar is entitled to two months' holiday in each year.
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."
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Time-limits
shall be fixed by assigning a definite date for the completion of
the various acts of procedure.
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.
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.
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.
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.
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.
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.
Upon
the termination of the written proceedings, the case is ready for
hearing.
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.
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.
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.
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.
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.
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.
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.
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."
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.
The
indemnities of witnesses or experts who appear at the instance of
the Court shall be paid out of the funds of the Court.
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.
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.
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.”
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The
decision of the Court on requests for revision or interpretation
shall be given in the form of a judgement.
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."
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.
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.
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.
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.
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