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10.2 DECISIONS OF INTERNATIONAL COURTS AND TRIBUNALS

10.2.1 International Court of Justice and Permanent Court of International Justice

The following general form is used for citing decisions of the International Court of Justice and Permanent Court of International Justice.

Element

Case name

Parties’ names

Phase

Year, volume, name of publication and starting page or case number

Pinpoint reference

Examples

Military and Paramilitary Activities in and against Nicaragua

(Nicaragua v United States of America)

(Merits)

[1986] ICJ Rep 14

at 55

Factory at Chorzów

(Germany v Poland)

(Merits)

(1928) PCIJ (series A) No 13

at 47

Rule

10.2.1(b)

10.2.1(c)

10.2.1(d)

10.2.1(f)–(h)

10.2.1(i)

Eg Military and Paramilitary Activities in and against Nicaragua (Nicaragua v United States of America) (Merits) [1986] ICJ Rep 14 at 55.

Eg Factory at Chorzów (Germany v Poland) (Merits) (1928) PCIJ (series A) No 13 at 47.

(a) Background

The International Court of Justice was established in 1945 and began work in 1946. It was preceded by the Permanent Court of International Justice, which first sat in 1922 and was dissolved in 1946.

(b) Case name

Cite the full case name, as it appears on the first page of the report, in italics, except that:

(c) Parties’ names

Italicise the names of the parties to the case and include them in round brackets following the case name.

Use common names for countries in accordance with rule 1.1.7(d).

(d) Phase

Where the case has been separated into phases, indicate the phase of the judgment cited in italics in round brackets after the parties’ names.

Eg Military and Paramilitary Activities in and against Nicaragua (Nicaragua v United States of America) (Provisional Measures) [1984] ICJ Rep 392.

Eg Nuclear Tests Case (New Zealand v France) [1974] ICJ Rep 457.

(e) Advisory opinions

Cite advisory opinions by including “(Advisory Opinion)” after the case name.

Eg Competence of General Assembly Regarding Admission to the United Nations (Advisory Opinion) [1950] ICJ Rep 4.

(f) Year and volume

For the International Court of Justice Reports, include the year in which the case was reported in square brackets. Where there was more than one volume produced in the year, put the volume number before the name of the publication.

For decisions of the Permanent Court of International Justice, give the year of the decision in round brackets.

(g) Publication

The International Court of Justice publishes its opinions in Reports of Judgments, Advisory Opinions and Orders (abbreviated to “ICJ Rep”). The Court also publishes Pleadings, Oral Arguments and Documents (abbreviated to “ICJ Pleadings”).

For decisions of the Permanent Court of International Justice, use the abbreviation PCIJ, followed in round brackets by the series in which the decision is reported. Decisions were reported in series A, B and A/B.

Eg Minquiers and Ecrehos (United Kingdom v France) (Oral Arguments) [1953] 2 ICJ Pleadings 84.

Eg Access to German Minority Schools in Upper Silesia (Advisory Opinion) (1931) PCIJ (series A/B) No 40 at 4.

(h) Starting page or case number

After the publication name, cite the first page of the case (for ICJ cases) or the case number (PCIJ cases).

(i) Pinpoint reference

Pinpoint to page numbers. This is because paragraph numbers restart at the beginning of each separate judgment within a given case.

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