Managing Litigation before the International Court of Justice

Abstract

Conducting litigation before the International Court of Justice is a complex process that requires attention to detail and involves several tricky questions, most of them of acute practical import. This article seeks to present and highlight the most important among them, i.e. the preparation for the litigation, both at the substantive and procedural levels; budgetary issues; representation before the Court; choosing and appointment of a Judge ad hoc as well as counsel and advocates; logistics; meetings with the President and the other party; written and oral stages of proceedings; incidental proceedings; and preparing for and reacting to the final decision by the Court. On each aspect, a legal and theoretical framework is outlined, followed by highlights derived from the actual experience of the authors in participating in proceedings before the ICJ.