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The Role of Politics in the Election and the Work of Judges of the International Court of Justice

Almost twenty years have passed since I served as the Agent of the United States in the Nicaragua Case before the International Court of Justice (ICJ or World Court). I have remained silent about the case for most of that time because I wanted the record to speak for itself. I hope that my remarks today will challenge the Society to seek reform in the World Court. With all that is going on in our post-Cold War and postSeptember 11 world, this moment seemed a particularly compelling opportunity to raise the issues of (a) what are, or should be, the ethical standards for conduct of ICJ judges, and (b) what is, or should be; the means of their enforcement. Unsavory incidents have allegedly been committed by members of the ICJ to which I could refer but will not, because they are either not in my personal experience or not subject to independent outside verification. If any in the audience wishes to delve further in this regard, I suggest that they study the history of the recent Qatar-Bahrain Howar Islands Case. Why have there been so few ethical criticisms leveled publicly against the behavior of members of the World Court over the years? I will be blunt as to my own explanation: