Special Judge at the International Court of Justice

Main Article Content

Asaad Kadhim Wohish

Abstract

An ad hoc judge is a judge appointed through a special procedure for a specific case or project and for a limited period of time, unlike a regular judge who is appointed through a standard procedure for a fixed term and according to established legal procedures. As an additional defining characteristic, an ad hoc judge is typically appointed, in the context of the International Court of Justice, by one of the parties to a case if that party does not have a judge of its nationality on the Court. The Statute of the Court grants any state party to a case the right to choose a person to serve as an ad hoc judge in that case, subject to certain conditions. The establishment of the ad hoc judge system may seem to have been intended as a way to avoid bias or to address concerns about the Court's impartiality. However, recent developments in the appointment of ad hoc judges suggest that, rather than undermining public confidence in the Court's impartiality, these ad hoc judges may actually contribute to strengthening the Court's rulings and their enforceability

Article Details

How to Cite
Kadhim Wohish ا. (2026). Special Judge at the International Court of Justice. MIsan Journal of Comparative Legal Studies, 15(1), 818–848. Retrieved from https://uomisan.edu.iq/law/mjcls/index.php/mjcls/article/view/567
Section
Articles

References

First: Books

Dr. Ibrahim Muhammad Al-Atabi, Public International Law, 1st ed., Dar Al-Fikr Al-Arabi, Cairo, 1975-1976.

Dr. Ahmed Abu Al-Wafa, Civil and Commercial Procedures, Mansha'at Al-Ma'arif, no publication date.

Dr. Ahmed Abu Al-Wafa, The Problem of Non-Appearance Before the International Court of Justice (A Study within the Framework of International Procedural Law), 2nd ed., Dar Al-Nahda Al-Arabiya, Cairo, 2016.

Al-Khair Qashi, The Chambers of the International Court of Justice and Their Suitability as a Temporary Alternative to the Arab Court of Justice, Dar Al-Nahda Al-Arabiya, Cairo, 1999.

Dr. Al-Shafi'i Muhammad Bashir, Public International Law in Peace and War, Mansha'at Al-Ma'arif, Alexandria, no publication date.

Dr. Tawfiq Hassan Faraj, Rules of Evidence in Civil and Criminal Matters, Al-Halabi Legal Publications, Beirut.

Dr. Rashid Majid Al-Rubaie, The Principle of Good Faith in the Implementation of International Obligations, Master's Thesis, College of Law, University of Baghdad, 1983.

Charles Rousseau, Public International Law, Al-Ahliya for Publishing and Distribution, Beirut, 1987.

Dr. Saleh Jawad Al-Kadhim, A Study of International Organizations, Al-Irshad Press, Baghdad, 1975.

Dr. Talib Abdullah Fahd Al-Alwani, Implementation of International Obligations and the Principle of Good Faith in International Law, Dar Al-Fikr Al-Jami'i, Alexandria, 2015.

Dr. Asim Jaber, The Consular and Diplomatic Function in Law and Practice (A Comparative Study), Oweidat for Publishing and Printing, Lebanon - Beirut, 2001.

Dr. Fouad Shabat and Dr. Muhammad Aziz Shukri, International Judiciary, Al-Matba'a Al-Jadeeda, Cairo, 1966.

Dr. 14. Muhammad Saadi, International Law of Treaties, Dar Al-Jami'a Al-Jadeeda, Alexandria, 2014.

Dr. Muhammad Yusuf Alwan, Public International Law – Introduction and Sources, 3rd ed., Dar Wael for Publishing, Amman, Jordan, 2003.

Dr. Muhammad Thamer, Demarcation of the Borders between Iraq and Kuwait, 1st ed., Al-Sanhuri Library, Baghdad, 2016.

Dr. Munther Al-Shawi, Philosophy of Law, Dar Al-Thaqafa, Baghdad, 2011.

Second: Research

Dr. Ahmed Abu Al-Wafa, The Gulf of Main Case, Egyptian Journal of International Law, No. (38), 1982.

Dr. Ahmed Mahmoud, The Principle of Equality Before the Arbitration Panel and Its Impact on Social Justice, research published in the Arbitration Journal, Issue 2, Part 2, 2016.

Salman bin Fawzan Al-Fawzan, Judge Immunity – A Comparative Foundational Study, Series of Summaries of Judicial Research, Issue 1, 1429 AH.

Dr. Shahin Younis Nour El-Din, Towards a Specialized Judge, research published in the Legislation and Judiciary Journal, Issue 4, Year 4, 2012.

Karrar Radhi Diwan and Dr. Amil Jabbar Ashour, The Legal Basis for Criminalizing Normalization with the Zionist Entity – A Comparative Study, research published in the Maysan Journal of Comparative Legal Studies, Issue (10), Volume (1), 2023.

Dr. Abdullah Muhammad Al-Maghazi, Equality and Guaranteeing the Right to Litigation, a research paper published in the Middle East Research Journal, Issue (47).

Murtadha Hassan Jassim, Procedural Principles for Holding Judges Criminally Accountable for Their Professional Errors (A Comparative Study), a research paper published in the Maysan Journal of Comparative Legal Studies, Issue (13), Volume (1), 2025.

Nihaya Fahd Samak and Dr. Yasar Atiya Atwayh, The Legal Classification of the Russian-Ukrainian War and Its Legality: A Comparative Study, a research paper published in the Maysan Journal of Comparative Legal Studies, Issue (13), Volume (1), 2025.

Third: International Documents

Statute of the International Court of Justice of 1946.

Rules of Procedure of the International Court of Justice of 1978.

Summary of Judgments, Advisory Opinions, and Orders of the International Court of Justice 1948-1991, United Nations, New York, 1992.

Summary of Judgments, Advisory Opinions, and Orders of the International Court of Justice 1992-1996, United Nations, New York, 1998.

Summary of Judgments, Advisory Opinions, and Orders of the International Court of Justice 2003-2007, United Nations Publications, United Nations, Document No. (ST/LEG/SER/F/1/Add3), 2011.

Summary of Judgments and Advisory Opinions of the International Court of Justice 2008-2012, United Nations, New York, 2015.

Report of the International Court of Justice, 1 August 2016 – 31 July 2016. 2017, General Assembly, Official Records, Seventy-second Session, Supplement No. 4, United Nations, New York, 2017.

Document No. SUM-01-00-EN 20240 126-192

Fourth: Websites

(https://www.refworld.org/document-sources/international-court-justice-icj

https://www.icj-cij.org/public/files/case/1996/1996-bosnia_herzegovina_v_yugoslavia/Judgment/dissenting_opinion_kri%C5%A1%C4%8Di_en.pdf

https://share.google/dukGXbnQYklrhp88A

https://opil.ouplaw.com/display/10.1093/law-mpeipro/e1170.013.1170/law-mpeipro-e1170

Fifth: Foreign books

B. Cali, A. Koch and N. Bruch, The Legitimacy of the European Court of Human Rights: the View from the Ground,Department of Political Science, University College London, .

Bruno Simma, Jan Ortgies ,Max Planck Encyclopedias of International of Law Encyclopedia entrie, 2019, Marie-Louise BEMELMANS-VIDEC, Ad hoc judges at the European Court of Human Rights: an overview Information report1 Committee on Legal Affairs and Human Rights, Netherlands,2012.

C. McLachlan, ‘The Assault on International Adjudication and the Limits of Withdrawal’, 68

Charles N. BROWER & Massimo LANDO, “Judges ad hoc of the International Court of Justice” Leiden Journal of International Law , Legal Studies Research Paper No. 2021(1)-010 School of Law, 33 ,(2020)

ICLQ 44,(2019).

S. Oda, ‘Further Thoughts on the Chambers Procedure of the International Court of Justice’,82, (1988) .