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Procedural Developments at the International Court of Justice

Procedural Developments at the International Court of Justice The Law and Practice of International Courts and Tribunals 3 : 125–142, 2004 © 2004 Koninklijke Brill NV, Leiden, The Netherlands. PROCEDURAL DEVELOPMENTS AT THE INTERNATIONAL COURT OF JUSTICE D IETMAR W. P RAGER The current column covers the time period from 1 October 2003 until 31 January 2004. The procedural developments are discussed in the order of the applicable articles of the Rules of Court. 1 I. R EQUEST FOR EXCLUSION OF A JUDGE On 15 January 2004, the Government of Israel brought a challenge alleging lack of impartiality against Judge Elaraby in the advisory proceedings concerning Legal Consequences of a Wall in the Occupied Palestinian Territory . Specifically, Israel contended that Judge Elaraby, both in his previous professional capacity as an Ambassador for Egypt and in an interview he gave to an Egyptian newspaper in August 2001, had been “actively engaged in opposition to Israel including on matters which go directly to aspects of the question now before the Court.” 2 Israel based this challenge on Article 17, paragraph 2, of the Statute, which provides that “[n]o member may participate in the decision of any case in which he has previously taken part as agent, counsel, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Law & Practice of International Courts and Tribunals Brill

Procedural Developments at the International Court of Justice

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Publisher
Brill
Copyright
© 2004 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1569-1853
eISSN
1571-8034
DOI
10.1163/157180301773732654
Publisher site
See Article on Publisher Site

Abstract

The Law and Practice of International Courts and Tribunals 3 : 125–142, 2004 © 2004 Koninklijke Brill NV, Leiden, The Netherlands. PROCEDURAL DEVELOPMENTS AT THE INTERNATIONAL COURT OF JUSTICE D IETMAR W. P RAGER The current column covers the time period from 1 October 2003 until 31 January 2004. The procedural developments are discussed in the order of the applicable articles of the Rules of Court. 1 I. R EQUEST FOR EXCLUSION OF A JUDGE On 15 January 2004, the Government of Israel brought a challenge alleging lack of impartiality against Judge Elaraby in the advisory proceedings concerning Legal Consequences of a Wall in the Occupied Palestinian Territory . Specifically, Israel contended that Judge Elaraby, both in his previous professional capacity as an Ambassador for Egypt and in an interview he gave to an Egyptian newspaper in August 2001, had been “actively engaged in opposition to Israel including on matters which go directly to aspects of the question now before the Court.” 2 Israel based this challenge on Article 17, paragraph 2, of the Statute, which provides that “[n]o member may participate in the decision of any case in which he has previously taken part as agent, counsel,

Journal

The Law & Practice of International Courts and Tribunals – Brill

Published: Jan 1, 2004

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