NGOS position IN LEGAL PROCEDURES - overview

Amicus curiae (lat.) Friend of the court Not party to the dispute Delivers useful information on legal or factual matters presumably unknown to the Court in a form of a written submission (amicus brief) It has an interest in the subject matter of the case but not in the final outcome (impartial) Its function is primarily informative - to raise awareness, to express to view of particular entities (for some reason entitled to do so) the given matter It shall not be mistaken with court expert or interpreter etc.

International court of justice NGOs UNACCEPTED Article 34 of the ICJ Statute allows only ‘public international organizations’ and states to submit their views about a case before the Court (= international organizations of States) In 2004, the ICJ adopted Practice Direction XII, regulating amicus curiae submissions by international NGOs. It states that while NGO submissions will not be treated as part of the case file, they will be saved in the Peace Palace. It concerns advisory opinions! ICJ position is strict but consistent with its perception of subjects of PIL.

legality of the use by a state of nuclear weapons in armed conflict Advisory Opinion requested originally by WHO International Physicians for the Prevention of Nuclear War Court had "considered offer with all the care it deserves,"noting the physicians' close working relationship with the WHO and their contribution to a relevant publication. However, having regard to the circumstances of the case and the scope of the WHO's request, the Court had decided not to ask the organization to submit a written or oral statement.” (D. Shelton)

International physicians for the prevention of nuclear war Source: http://www.ippnw.org/milestones.html

International tribunal for the law of the sea NGOs UNACCEPTED ITLOS allows for the participation of international organizations of a hybrid nature, such as the International Union for the Conservation of Nature and displays NGO briefs on the Tribunal’s website. 

Arctic Sunrise case Source:https://www.maritimeprofessional.com/blogs/post/arctic-sunrise-14035

World trade organisation NGOs FRIENDLY According to the Appellate Body, the panels’ comprehensive authority to seek information from any relevant source (Article 13 of the DSU) and to add to or depart from the Working Procedures in Appendix 3 to the DSU (Article 12.1 of the DSU) permits panels to accept and consider or to reject information and advice, even if submitted in an unsolicited fashion. (Appellate Body Report, US — Shrimp, paras. 105-108). * DSU – Dispute Settlement Understanding

Shrimp/turtle case Source: https://urchintmatters.wordpress.com/tag/trawling/

International criminal court NGOs FRIENDLY Rome Statute does not include a provision on the participation of amicus curiae bur according to art. 44 (4): The Court may, in exceptional circumstances, employ the expertise of gratis personnel offered by States Parties, intergovernmental organizations or non- governmental organizations to assist with the work of any of the organs of the Court. The Prosecutor may accept any such offer on behalf of the Office of the Prosecutor. Such gratis personnel shall be employed in accordance with guidelines to be established by the Assembly of States Parties.

International criminal court Rules of Procedure and Evidence – Rule 103: At any stage of the proceedings, a Chamber may, if it considers it desirable for the proper determination of the case, invite or grant leave to a State, organization or person to submit, in writing or orally, any observation on any issue that the Chamber deems appropriate. The Prosecutor and the defence shall have the opportunity to respond to the observations submitted under sub-rule 1. (…)

International criminal court However, in case of ICC the role of NGO’s is particularly multifaceted… Coalition for the International Criminal Court http://www.coalitionfortheicc.org/ab out/our-story https://upload.wikimedia.org/wikipedia/commons/0/0e/Tuttugio.jpg