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 |
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:
Eg Gabčikovo-Nagymaros Project (Hungary v Slovakia) [1997] ICJ Rep 7.
NOT Case Concerning the Gabčikovo-Nagymaros Project (Hungary v Slovakia) [1997] ICJ Rep 7.
(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.
10.2.2 Modern international criminal courts and tribunals
This rule applies to the citation of decisions of modern international criminal courts and tribunals including the Extraordinary Chambers in the Courts of Cambodia, the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone and the Special Tribunal for Lebanon.
If the decision has been reported, give the parties’ names, the citation to the report and the pinpoint reference in the normal way for reported domestic decisions. Decisions of earlier international tribunals, such as the war crimes tribunals at Nuremberg and Tokyo should also be cited in that way where reported.
Cite unreported decisions of modern international criminal courts and tribunals in this way:
|
Element |
Parties’ names |
Phase or type of decision |
Court or tribunal |
Chamber |
Case number |
Date of decision |
Pinpoint reference |
Example
|
Prosecutor v Aleksovski |
(Judgment) |
ICTY |
Appeals Chamber |
IT-95-14/1-A, |
24 March 2000, |
at [63] |
|
Rule |
Eg Prosecutor v Aleksovski (Judgment) ICTY Appeals Chamber IT-95-14/1-A, 24 March 2000 at [63].
Cite both procedural and substantive decisions in this way.
(a) Parties’ names
Give the names of the parties as they appear on the first page of the decision in italics but:
If the names of the parties do not appear on the first page of the decision, give the name of the first defendant.
Eg Sayed (Jurisdiction and Standing) STL Appeals Chamber CH/AC/2010/02, 10 November 2010 at [44].
(b) Phase or type of decision
Indicate the phase or type of decision after the parties’ names in italics and enclosed in round brackets. The phase or type of decision will often be stipulated on the first page of the judgment.
Eg Prosecutor v Bralo (Sentencing) ICTY Trial Chamber IT-95-17-S, 7 December 2006.
(c) Court or tribunal
Give an abbreviated name of the court or tribunal. Use the following abbreviations:
|
Extraordinary Chambers in the Courts of Cambodia International Criminal Court International Criminal Tribunal for the former Yugoslavia International Criminal Tribunal for Rwanda Special Court for Sierra Leone Special Tribunal for Lebanon |
ECCC ICC ICTY ICTR CSL STL |
Eg Kaing (Statute of Limitations) ECCC Trial Chamber 001/18-07-2007/ECCC/TC, 26 July 2010 at [209].
Eg Prosecutor v Dyilo (Confirmation of Charges) ICC Pre-Trial Chamber I, ICC-01-04-01/06, 29 January 2007 at [348].
Eg Prosecutor v Fofana (Judgment) SCSL Appeals Chamber SCSL-04-14-A, 28 May 2008 at [390].
(d) Chamber
Where applicable, give the chamber of the court or tribunal in full, for example Pre-Trial Chamber II, Chamber III, or Appeals Chamber. Give the name of the chamber immediately after the court or tribunal.
If the name of the chamber of the court or tribunal includes a number, put a comma after the chamber name to separate it from the case number. If the name of the chamber of the court or tribunal does not include a number, do not use a comma.
Eg Prosecutor v Krnojelac (Judgment) ICTY Trial Chamber II, IT-97-25-T, 15 March 2002 at [187].
Eg Prosecutor v Seromba (Judgment) ICTR Appeals Chamber ICTR-2001-66-A, 12 March 2008 at [218].
(e) Case number
Give the case number as it appears on the decision. Separate the case number from the court or tribunal and date of decision with commas.
(f) Date of decision
Give the date of the judgment in full without abbreviation.
(g) Pinpoint reference
Where available, pinpoint to paragraph numbers. Pinpoint in accordance with rule 3.2.8.