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

Abstract

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