سلطة أطراف النزاع في تنظيم إجراءات التقاضي أمام محكمة العدل الدولية

الملخص EN

Both the statute of the International Court of Justice and the Rules of the International Court of Justice recognize the conflict parties' effective role in organizing litigation procedures before the court.

The conflict parties' role begins even before the lawsuit is initiated, where they have to give jurisdiction to the court to consider their disputes or refrain from doing so to become non-competent.

Then, in the case-initiation stage, the parties to the dispute have two ways to initiate this procedure, which are either to initiate the lawsuit pursuant to a petition or by notification of agreement.

As for the stage of determining the panel to adjudicate in the dispute, they determine the body that will settle it between the full-fledged court that includes 15 judges or present it to the interim circuit stipulated in Article 26 of the system.

They also have the right to design or appoint a special judge if conditions are met.

At the pleadings stage, if the dispute is before the fully-fledged court, the parties shall participate in organizing some aspects of the pleadings.

However, if the dispute is before a temporary circuit, then the parties to the conflict are more free, as they have the right to create or establish their own pleading system according to Article 101 of the International Court of Justice Rules.

In the stage of determining the law applicable to the conflict, the parties to the conflict can determine the required and the applicable law among the international legal sources mentioned in Article 38.

They also have the right to apply other international legal resources which are not mentioned in the article, such as international unilateral acts.

Moreover, they may demand the application of the rules of fairness and justice.

After all, the parties to the dispute can end this dispute far from the judge's involvement through the Discontinuance of proceedings.

Therefore, the International Court of Justice is the only judicial organ in which states adjudicate their disputes with full sovereignty.