Chronicle on International Courts and Tribunals (January - December 2016)

• Author: Annina Cristina Bürgin
• Position: PhD. Member of CADIE (Cuestiones actuales de Derecho internacional público y europeo) Research Group at the University of A Coruña.
• Pages: 1-16

www.reei.org

DOI: 10.17103/reei.33.13

CHRONICLE ON INTERNATIONAL COURTS AND

TRIBUNALS (JANUARY - DECEMBER 2016)

Annina Cristina Bürgin

*

Summary: I. INTERNATIONAL COURT OF JUSTICE (ICJ). II. INTERNATIONAL

CRIMINAL COURT (ICC). III. MECHANISM FOR INTERNATIONAL CRIMINAL

TRIBUNALS (MICT). IV. SPECIAL COURT FOR SIERRA LEONE (SCSL) –

RESIDUAL SPECIAL COURT FOR SIERRA LEONA (RSCSL). V. EXTRAORDINARY

CHAMBERS IN THE COURTS OF CAMBODIA (ECCC). VI. SPECIAL TRIBUNAL

FOR THE LEBANON (STL). VII. EFTA COURT.

INTERNATIONAL JUDICIAL TRIBUNALS

GENERAL JURISDICTION

I. INTERNATIONAL COURT OF JUSTICE (ICJ)

www.icj-cij.org

1. News

Address of the President of the International Court of Justice to the General Assembly

of the United Nations On 28 of October 2016, the President Mr. Ronny Abraham of the

ICJ said in his speech in the General Assembly of the United Nations that the ICJ "will

continue to use all the resources at its disposal to fulfill its role as principal judicial

organ of the United Nations"

Seventieth anniversary of the ICJ On 20 April 2016, the ICJ held a commemorative

sitting, in the presence of His Majesty the King of the Netherlands and the Secretary-

General of the United Nations, to celebrate its seventieht anniversary.

2. Judgements

Judgments of three cases related to the Cessation of Nuclear Arms Race and to Nuclear

Disarmament. On 5 October 2016, the Court delivered its judgment in three different

cases, all of them were filed by the Marshall Islands against the United Kingdom,

Pakistan and India alleging that these countries had failed to fulfil their obligations to

nuclear disarmament. The Court found in all cases the absence of a dispute between the

* PhD. Member of CADIE. University of A Coruña.

[33] REVISTA ELECTRÓNICA DE ESTUDIOS INTERNACIONALES (2017)

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DOI: 10.17103/reei.33.13

Parties at the time of filing the Application by the Marshall Islands and therefore could

not proceed to the merits of the cases. The Court observed that a dispute between the

Parties is a condition for its jurisdiction.

Obligations concerning negotiations relating to Cessation of the Nuclear Arms

Race a nd to Nuclear Disarmament (Marshall Islands v. United Kingdom) The

judgment was delivered by eight votes to eight, by the President’s casting vote.

With this judgment, the Court upheld the first preliminary objection to

jurisdiction raised by the United Kingdom. The Marshall Islands had filed an

Application against the United Kingdom alleging that it had failed to fulfil its

obligation both under Article VI of the Treaty on the Non-Proliferation of

Nuclear Weapons of 1968 and customary international law, with respect to

negotiate the cessation of nuclear arms race and to nuclear disarmament.

Obligations concerning negotiations relating to Cessation of the Nuclear Arms

Race and to Nuclear Disarmament (Marsha ll Islands v. Pakistan) The Marshall

Islands filed an Application against Pakistan alleging that the latter failed to

fulfill its obligations with respect to negotiate nuclear disarmament and the

cessation of the nuclear arms race.

Obligations concerning negotiations relating to Cessation of the Nuclear Arms

Race and to Nuclear Disarmament (Marshall Islands v. India) An application

was filed against India by the Marshall Islands alleging to fail to fulfill

obligations with respect to negotiate nuclear disarmament and the cessation of

nuclear arms race.

Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea

(Nicaragua v. Colombia) On 17 March 2016, the Court found by fourteen votes to two

and based on article XXXI of the Pact of Bogotá, that it has jurisdiction in order to

“adjudicate upon the dispute regarding the alleged violations by Colombia of

Nicaragua's rights in the maritime zones which, according to Nicaragua, the Court

declared in its 2012 Judgment appertain to Nicaragua”.

3. Orders

Immunities and Criminal Proceedings (Equatoria l Guinea v. France) – On 7 December

2016, the Court delivered its Order in this case finding, unanimously, that France must

take all measures to guarantee the protection of the premises presented as housing the

diplomatic mission of Equatorial Guinea in France. The Court indicated that, in order to

guarantee the inviolability, these premises must enjoy an equivalent treatment as

required by Article 22 of the Vienna Convention on Diplomatic Relations.

Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v.

Uganda) The Court delivered this Order on 6 December 2016 concerning the case of