Georgia has recently initiated proceedings before the International Court of Justice against Russia in The Hague. How could it be if Russia as the subpoenaed party contested the court’s jurisdiction in that case and had not given its consent?
Answer
The Court bases its jurisdiction here on Article 22 of the Convention on the Elimination of Racial Discrimination (CERD). This article provides that the States Parties, including Georgia and Russia, may submit disputes regarding the interpretation of this treaty to the International Court of Justice (ICJ). By agreeing to this provision of the CERD, Russia has, as it were, given its consent in advance for treatment by the ICJ, so before the conflict with Georgia arose.
Answered by
Dr Jeroen De Herdt
Criminal law and criminal procedure
Prinsstraat 13 2000 Antwerp
http://www.uantwerpen.be
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