Reimagining the International Court of Justice 7 December

Reimagining the International Court of Justice

7 December

Geographical distribution in the election of judges ensures that the ICJ reflects the diverse post-colonial membership of the UN; but the bench is still far from achieving gender balance. The composition of the self-constituted ICJ bar is even less inclusive, with a notable absence of both women and persons of colour, replicating the same historical inequities that we claim to challenge through the legitimacy of international law. It is high time for our community of practitioners to open the doors and lead by example.
Professor Payam Akhavan SJD

The appointing of judges to both the ICJ and ICC must be re-examined. The rules for independent nomination in the Statute of ICJ are ignored by most states. Instead persons close to government are preferred. Trading votes between States is disgusting. Present practice ensures that few independent judges are appointed.
Professor John Dugard SC

The World Court soon enters its second century, its role within the UN system and the international legal order firmly entrenched. May States strengthen its influential, albeit informal, role in law-making: may they renew its jurisdictional basis, reimagine the sources it can apply, and make efforts to enhance the diversity of voices on its bench.
Professor Gleider Hernández

Using Zoom for remote international hearings is about as innovative as using plastic hair in barristers' wigs. Instead of grafting new technology on to old procedures, we should work from the base up and ask how international litigation - application to judgment - could best be organized using the technology now available.
Professor Vaughan Lowe QC

A Court without Justice to entertain, is like a tree without roots. Consent is the invasive species that harms the ecosystems of the Forest of the common concerns of humankind. Here is the path to the sustainable restoration of these ecosystems: consent as the default rule; non-consent as the exception...
Professor Makane Moise Mbengue