Making and enforcing procedural law at the International Court of Justice

In this article I will first deal with the power of the International Court of Justice to adopt rules of procedure. My intention here is to assess the procedure followed in practice by the Court for the adoption of such rules, as well the different instruments by which this regulatory power is exercised. I will then examine the ‘power of sanction’ of the Court, namely the ways and means by which the Court may sanction the parties of a dispute in case of a breach of a procedural rule or when a party attempts to exploit such rules to obstruct the administration of justice. By focusing on (international procedural) law-making and (international procedural) law-enforcement,the aim is also to shed light on possible dynamics – relating to the relationship between the Court and States, both as prospective clients and as parties to a case – that may influence the activity of the Court, acting as a limitation to its general freedom in this field