Author: Sergey Punzhin
Keywords: International Court; intervention; non-party intervention; object of the intervention; procedural law; Rules of Court; status of the intervening State; Statute of the Court
Intervention under Articles 62 and 63 of the Statute of the International Court of Justice is an incidental proceeding which arises out of the main proceeding between States before the Court. Intervention pursuant to Article 62 is possible only if the decision in the case may affect an interest of a legal nature of a State. In the Court’s case law, the purpose of informing the Court of the legal interest in question as well as the purpose of protecting this interest are recognized as being in conformity with the function of intervention. Intervention does not automatically lead to the intervening State becoming a party to the existing proceedings. Intervention by a third State under Article 62 as a nonparty, which does not present its own claims, corresponds to the function of intervention and its permitted objectives.