Institute for War and Peace Reporting | Giving Voice, Driving Change

Amicus Curiae For The Power Of The Tribunal Hearing

Tribunal Update 23: Last Week in The Hague (April 7-12, 1997)

On the eve of this hearing, Chamber II (with Judge Gabrielle Kirk McDonald presiding, and Judges Elizabeth Odio-Benito and Saad Saood Jan) has granted a dozen persons and organisations leave to file an amicus brief and to appear in court as amicus curiae.

This is allowed under Rule 74 of the Tribunal's Rules and Procedure and Evidence, which provides that "A chamber may, if it considers it desirable for proper determination of a case, invite or grant leave to a State, organisation or person to appear before it and make submissions on any issue specified by the Chamber."

States, organisations or persons interested in submitting an amicus brief or appearing as amicus curiae must file an application specifying, among others, "the applicant's qualifications" and the "applicant's reasons for believing his submission will aid in the proper determination of the case or issue." Amicus submissions are limited to questions of law. The Chamber decides at its sole discretion to grant leave to submit such briefs and may invite amici to participate in oral arguments.

The following persons or organisations have filed motions and have been granted leave to file an amicus brief or to appear as amicus curiae at the April 16 hearing:

1. Professor Ruth Wedgwood, Yale Law School, USA 2. Professor Peter Malanczuk, University of Amsterdam, The Netherlands 3. Professor Georg Nolte, Max-Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany 4. Professor Alain Pellet, University of Paris X-Nanterre, France, on his own behalf and on behalf of Juristes Sans Frontières 5. Professor Marie-Joé Domestici-Met, University of Aix-Marseilles, France 6. Professor Luigi Condorelli, University of Geneva, Switzerland 7. Donald Donovan, Lawyers' Committee for Human Rights, USA 8. Professor Bartram S Brown, Chicago-Kent College of Law, USA 9. Dr. Annalisa Ciampi and Professor Giorgio Gaja, University of Florence, Italy 10. Thomas S. Warrick, Counsel for the Coalition for International Justice, Rochelle E Stern and Stefan Lupp, attorneys, USA 11. Professor Juan Antonio Carillo Salcedo, University of Seville, Spain.

The first seven persons or organisations listed have also been granted leave "to attend the hearing in order to respond to questions from the Judges of the Trial Chamber and to provide any further assistance the Trial Chamber may require." Two more amicus curiae applications are pending.