Ineligibility and Abstention of a Member of the Court In a Particular Case (Recusal)
(4,126 words)

paragraph 260 in volume 3, chapter 17, The Bench

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By Article 17, paragraph 2, of the Statute, no member of the Court may participate in the decision of any case in which he or she has previously taken part as agent, counsel or advocate for one of the parties, or as a member of a national or international court (sc. concerned with the case subsequently brought before the International Court) or of a commission of enquiry or in any other capacity.1 This, examined in chapter 6, § I.94, also applies to judges ad hoc, by virtue of Article 31, paragraph 6, of the Statute…

Cite this page
Malcolm N. Shaw, “Ineligibility and Abstention of a Member of the Court In a Particular Case (Recusal)”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 29 May 2017 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0260>
First published online: 2017
First print edition: 20161001



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