Theoretical Framework: Participation Mechanisms Before the ICJ

The ICJ Statute and Rules of Court contain no provision for allowing non-party participation (except for State intervention) in contentious cases. The lack of an express mention to amicus curiae briefs does not indicate, however, that the Court would proscribe the referred practice, notably in contentious proceedings (Sect. 2.1). A similar situation occurs as far as advisory proceedings are concerned, since there is no express provision for amicus curiae participation. However, Art 66 of the ICJ Statute allows States and international organizations to send written statements to the Court, or to provide them orally, with no limitation to ‘international organizations of States’ (Sect. 2.2).