The International Court of Justice: Primus Inter Pares?

Abstract

Sir Kenneth Keith here addresses the question of whether the International Court of Justice is, among international tribunals which exist today, first among equals. After making several preliminary points on the 1907 Hague Convention, the author discusses the significant growth over the past 50 years of regional and universal tribunals applying international law. It is this proliferation of decision makers and the many statements of the law they produce that has given rise to the fear of the fragmentation of international law. In response to this, the author asks, first, whether there is in fact chaos or fragmentation in the body of international law, second, to what extent, if it does exist, it is necessarily a bad thing, and, third, the ways, in practice and in principle, with which we may deal with chaos or fragmentation. Finally, while highlighting in particular the inclusive make-up of the ICJ bench and its inclusive decision-making process, the author concludes that the ICJ is, at both a formal and practical level, primus inter pares. The content of this article was originally given as part of the Seminar on the Centenary of the 1907 Hague Convention, held on 18 October 2007. Abstract by Juliet Bull