Contentious Cases

Filing a Case

A contentious case begins when a state files an application with the ICJ Registry, identifying the opposing party, the subject of the dispute, and the legal basis for jurisdiction. If both states have agreed to jurisdiction by special agreement, the case proceeds automatically. If the applicant relies on a compromissory clause or Optional Clause declaration, the respondent state may challenge jurisdiction through preliminary objections.

Preliminary objections are a critical stage. The respondent can argue that the Court lacks jurisdiction, that the application is inadmissible, or both. The Court must rule on these objections before proceeding to the merits. Many important cases have been dismissed at this stage, and the Court's jurisdictional rulings are themselves significant contributions to international law.

Written and Oral Proceedings

After jurisdiction is established, the case moves through a written phase and an oral phase. The written phase involves the exchange of memorials (the applicant's case), counter-memorials (the respondent's reply), and sometimes further written pleadings. These documents can run to thousands of pages with extensive annexes of evidence.

The oral phase consists of public hearings in the Great Hall of Justice in the Peace Palace. States are represented by agents and legal teams that often include leading international law professors. Oral proceedings typically last one to three weeks, though complex cases can take longer. After hearings close, the Court deliberates in private. Judgments are read in public sessions and are binding, final, and without appeal.

Stages of a Contentious Case

A full case commonly runs three to five years from application to judgment.