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World Court Digest

III. The International Court of Justice
3.3. Judges ad hoc

¤ Application of the Convention
on the Prevention and Punishment
of the Crime of Genocide,
Provisional Measures,
Order of 13 September 1993,
I.C.J. Reports 1993, p. 325

[pp. 408-409 S.O. Lauterpacht] 4. What is true for the Court as a whole is every bit as compelling for an ad hoc judge. The fact that he is appointed by a party to the case in no way reduces the operative force of his solemn declaration under Article 20 of the Statute, made in the same form as that of the titular judges, that he will exercise his powers impartially and conscientiously.

5. At the same time, it cannot be forgotten that the institution of the ad hoc judge was created for the purpose of giving a party, not otherwise having upon the Court a judge of its nationality, an opportunity to join in the work of this tribunal. The evidence in this regard of the attitude of those who participated in the drafting of the original Statute of the Permanent Court of International Justice can hardly be contradicted. This has led many to assume that an ad hoc judge must be regarded as a representative of the State that appoints him and, therefore, as necessarily precommitted to the position that that State may adopt.
6. That assumption is, in my opinion, contrary to principle and cannot be accepted. Nonetheless, consistently with the duty of impartiality by which the ad hoc judge is bound, there is still something specific that distinguishes his role. He has, I believe, the special obligation to endeavour to ensure that, so far as is reasonable, every relevant argument in favour of the party that has appointed him has been fully appreciated in the course of collegial consideration and, ultimately, is reflected - though not necessarily accepted - in any separate or dissenting opinion that he may write. It is on that basis, and in awareness that the tragedy underlying the present proceedings imposes on me an especially grave responsibility, that I approach my task.