Reappraising the Role of Experts in Recent Cases Before the International Court of Justice

Abstract

Experts have played a prominent role in recent proceedings before the International Court of Justice (‘the Court’, ‘the ICJ’). Against the backdrop of high-profile criticism of the Court’s fact-finding process, recent cases before the Court have produced a number of notable developments which can be seen as significant steps in the right direction. Issues remain, however, largely due to a lack of conceptual clarity regarding the role that both party and Court-appointed experts should play in proceedings, caused by rudimentary procedural provisions in the Court’s constitutive instruments. This article advances a number of proposals for reform, in the form of two Practice Directions, which set out modalities for the examination of party-appointed experts and the appointment of the Court’s own experts, as well as providing reasoned guidance on the independence of experts. These proposals not only flesh out the role of the expert, but also show how the Court can accommodate the principles of party autonomy and the proper administration of justice which operate upon it.