Oct 30 2022
Int'l Court of Justice (ICJ) Judge Addresses United Nations General Assembly
Joan E. Donoghue first provided an overview of the institution of judges ad hoc, which allows States party to a proceeding to appoint a national as a judge ad hoc if such nationality is lacking on the bench. This allows each party to a case to be assured that there is someone in the room during the Court’s private deliberations who is especially attentive to that State’s interests and equities. Recent practice confirms the value of such judges, she noted, also encouraging those present, when considering such appointments, not to overlook women and those hailing from developing countries.She also spotlighted the Court’s role as one of first instance, noting that, in evidentiary matters, it favours neither the traditions of common nor civil law. Its approach to questions of evidence largely reflects a desire to welcome approaches from both, leaving the Court free to develop its practices over time. Further, in response to criticism as to the speed of the Court’s deliberative process, she stressed that, for the Court to be a world court “not only in name, but also in fact”, it is essential that all its members be given sufficient opportunity to exchange, debate and adjust their views based on those of colleagues.