Practice question
State C was not a party to an earlier ICJ case. Counsel nevertheless cites that judgment's careful analysis of a customary rule. Does Article 59 make the reasoning unusable?
- Yes, because nonparties may never read a judgment.
- Yes, unless C becomes a party retroactively.
- Yes, because all judicial decisions are treaties.
- No; its reasoning may be used as a subsidiary means without treating C as bound by the earlier judgment.
- No; C is automatically bound by every operative order.
Legal references
- ICJ Statute, Articles 38(1)(d) and 59: https://www.un.org/en/about-us/un-charter/statute-of-the-international-court-of-justice
- ILC, Conclusions on Identification of Customary International Law (2018), Conclusions 2 and 12–14: https://legal.un.org/ilc/texts/instruments/english/draft_articles/1_13_2018.pdf
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