Other participants in judicial proceedings (amicus curiae and other forms of participation)

This chapter analyses the institution of amicus curiae in the practice of the ICJ. Amici curiae are ‘those actors who do not themselves have a legally protected interest in the particular case and yet want to intervene’. Their main goal is to ‘introduce public interest considerations into the decision - and, indirectly, to impact on the development of international law’. ICJ case law displays a growing number of cases involving community interests, human rights violations, and environmental law. This illustrates the increasing impression that international litigation very often touches upon public concerns and thus may benefit largely from the participation of amici curiae. Nevertheless, although the ICJ Statute and the ICJ Rules provide for the possibility of third-party participation in contentious as well as advisory proceedings, such provisions are rather outdated and disconnected from the contemporary developments characterizing the international community nowadays.