III. | The International Court of Justice |
3. | THE PROCEDURE OF THE INTERNATIONAL COURT OF JUSTICE |
3.3. | Judges ad hoc |
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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.