Non corrigé
Uncorrected
CR 2023/11
International Court Cour internationale
of Justice de Justice
THE HAGUE LA HAYE
YEAR 2023
Solemn declaration of Judge ad hoc Koroma in the case concerning Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia v. Azerbaijan)
Public sitting
held on Tuesday 20 June 2023, at 10 a.m., at the Peace Palace,
President Donoghue presiding
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VERBATIM RECORD
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ANNÉE 2023
Déclaration solennelle de M. Koroma, juge ad hoc dans l’affaire relative à l’Application de la convention internationale sur l’élimination de toutes les formes de discrimination raciale (Arménie c. Azerbaïdjan)
Audience publique
tenue le mardi 20 juin 2023, à 10 heures, au Palais de la Paix,
sous la présidence de Mme Donoghue, présidente
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COMPTE RENDU
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Present: President Donoghue
Vice-President Gevorgian
Judges Tomka
Abraham
Yusuf
Xue
Sebutinde
Bhandari
Robinson
Salam
Nolte
Charlesworth
Brant
Judge ad hoc Daudet
Registrar Gautier
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Présents : Mme Donoghue, présidente
M. Gevorgian, vice-président
MM. Tomka
Abraham
Yusuf
Mmes Xue
Sebutinde
MM. Bhandari
Robinson
Salam
Nolte
Mme Charlesworth
M. Brant, juges
M. Daudet, juge ad hoc
M. Gautier, greffier
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The Government of Armenia is represented by:
HE Mr Tigran Balayan, Ambassador of the Republic of Armenia to the Kingdom of the Netherlands,
Ms Viviana Kalaejian, Attaché, Embassy of the Republic of Armenia to the Kingdom of the Netherlands.
The Government of Azerbaijan is represented by:
HE Mr Rahman Mustafayev, Ambassador of the Republic of Azerbaijan to the Kingdom of the Netherlands,
Mr Vusal Ibrahimov, First Secretary, Embassy of the Republic of Azerbaijan to the Kingdom of the Netherlands.
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Le Gouvernement de l’Arménie est représenté par :
S. Exc. M. Tigran Balayan, ambassadeur de la République d’Arménie auprès du Royaume des Pays-Bas,
Mme Viviana Kalaejian, attachée, ambassade de la République d’Arménie au Royaume des Pays-Bas.
Le Gouvernement de l’Azerbaïdjan est représenté par :
S. Exc. M. Rahman Mustafayev, ambassadeur de la République d’Azerbaïdjan auprès du Royaume des Pays-Bas,
M. Vusal Ibrahimov, premier secrétaire de l’ambassade de la République d’Azerbaïdjan auprès du Royaume des Pays-Bas.
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The PRESIDENT: Please be seated. For reasons duly made known to me, Judges Bennouna and Iwasawa are unable to be present on the Bench today.
The Court meets this morning in order that Judge Abdul G. Koroma may make in open court the solemn declaration required by Article 20 of the Statute of the Court. Judge Koroma was chosen by the Republic of Azerbaijan to sit as judge ad hoc in the cases concerning Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia v. Azerbaijan) and Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Azerbaijan v. Armenia).
I shall begin with his installation as judge ad hoc in the case concerning Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia v. Azerbaijan).
I recall that, since the Court included upon the Bench no judge of the nationality of either Party, each Party proceeded to exercise the right conferred upon it by Article 31 of the Statute to choose a judge ad hoc to sit in the case. The Republic of Armenia chose Professor Yves Daudet and the Republic of Azerbaijan initially chose Judge Kenneth Keith. Following Judge Keith’s resignation on 21 April 2023, Azerbaijan informed the Court that it had chosen Judge Koroma to sit in the case as judge ad hoc. No objection having been raised by the Armenian Government to this choice, and none having appeared to the Court itself, the appointment of Judge Koroma was duly confirmed. It is thus now necessary to complete the composition of the Court for the purposes of the case.
Article 20 of the Statute provides that every Member of the Court shall, before taking up his or her duties, make a solemn declaration in open court that he or she will exercise his or her powers impartially and conscientiously. Pursuant to Article 31, paragraph 6, of the Statute, the same provision applies to judges ad hoc. While Professor Daudet already made his solemn declaration during an earlier phase of the case, Judge Koroma has not yet been sworn in as judge ad hoc. Before inviting Judge Koroma to make his solemn declaration, I shall first, in accordance with custom, say a few words about his career and qualifications.
Judge Koroma, who is a national of the Republic of Sierra Leone, studied law at Kiev State University, King’s College, University of London, and at the University of Sierra Leone. Judge Koroma is well known to the Court, having served with great devotion as judge from 1994
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to 2012. He joined the international judiciary after what had already been a long and illustrious career both as a barrister and practitioner in his earlier years, and subsequently as a high-ranking diplomat. During his long and distinguished diplomatic career, Judge Koroma served as Ambassador and Permanent Representative of Sierra Leone to the United Nations, from 1981 to 1985, and during this time chaired the United Nation’s Special Committee on the Review of the Charter and on the Strengthening of the Role of the Organization. From 1985 to 1988, he served as Ambassador of his country to the European Economic Community, while concurrently accredited to the French Republic, the Kingdom of the Netherlands, the Kingdom of Belgium, and the Duchy of Luxembourg. From 1988 to 1992, he served as Ambassador and Permanent Representative of Sierra Leone to the Organisation of African Unity in Addis Ababa. Judge Koroma has, in addition, represented his Government at many plenipotentiary conferences, including as a delegate of Sierra Leone to the Third United Nations Conference on the Law of the Sea, and was Chairman of the African Group at that Conference. More recently, he has served as Chairman of the committee appointed by the African Union to resolve the territorial and boundary disputes between Sudan and South Sudan, following the secession of South Sudan. He has also formed part of the Compulsory Conciliation Committee under the United Nations Convention on the Law of the Sea, in respect of the maritime dispute between Timor-Leste and the Commonwealth of Australia.
Throughout his wide-ranging career, Judge Koroma has published widely and given many lectures on diverse areas of international law, from the law of the sea to international humanitarian law. Judge Koroma was for many years a member of the International Law Commission, and is a member of the Institut de droit international. He is also the recipient of multiple awards, including the Order of the Republic of Sierra Leone, the highest order of that nation.
I shall invite Judge Koroma to make the solemn declaration prescribed by the Statute of the Court, and I request all those present to rise. Judge Koroma, you have the floor.
Mr KOROMA:
“I solemnly declare that I will perform my duties and exercise my powers as judge honourably, faithfully, impartially and conscientiously.”
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The PRESIDENT: Thank you very much. Please be seated. I take note of the solemn declaration made by Judge Koroma and declare him to be duly installed as judge ad hoc in the case concerning Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia v. Azerbaijan).
The sitting in relation to this case is closed, but I would ask all those present to remain seated. However, I will now allow a brief pause for the Parties to change places before opening the next sitting.
The Court rose at 10.05 a.m.
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Déclaration solennelle de M. Koroma, juge ad hoc dans l’affaire relative à l’Application de la convention internationale sur l’élimination de toutes les formes de discrimination raciale (Arménie c. Azerbaïdjan)