Access to the Court of States Not Parties to the Statute
(2,062 words)

paragraph 168 in volume 2, chapter 10, Qualification to be a Party in a Case: Jurisdiction Ratione Personae

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A State which is not a party to the Statute can participate in a case before the Court by virtue of Article 35, paragraph 2, of the Statute.1 According to this provision,

The conditions under which the Court shall be open to other States [that is, States which are not parties to the Statute] shall, subject to the special provisions contained in treaties in force, be laid down by the Security Council, but in no case shall …

Cite this page
Malcolm N. Shaw, “Access to the Court of States Not Parties to the Statute”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 17 January 2019 <>
First published online: 2017
First print edition: 20161001

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