The NGOs’ Participation in the Proceedings of the International Court of Justice

Saratoon Santivasa

JEAIL Volume 5, Number 2 (2012), 377-406

Abstract

Many international judicial bodies have prescribed the procedures allowing NGOs to participate in the proceedings generally as non-parties as amicus curiae, expert or witness for the purpose of the good administration of justice. These possibilities are well developed in judicial bodies where the nature of proceedings concerns the issues that international law recognizes as the collective interests of the international community. In the International Court of Justice, on the contrary, NGOs do not have such possibility to make contributions as they have done in other international judicial bodies. The development of the elaboration of the texts on the Court proceedings and the restrictive interpretation of these texts reflect the restrictive approach of the Court towards NGOs’ participation. The Court should offer the scope to access NGOs since they have legitimate right to represent the views of international civil society in an international democratic process and can contribute to assist the Court to protect the collective interest of the international community

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