Wednesday, June 4, 2008
The International Court of Justice issued a decision in Certain Questions of Mutual Assistance in Criminal Matters (Djibouti v. France). The Court found that France failed to comply with its international obligation under article 17 of the 1986 Convention on Mutual Assistance in Criminal Matters. France had failed to give Djibouti the reasons for refusing to execute a letter rogatory presented to France by Djibouti in 2004. The ICJ found that its finding of a violation constitutes appropriate satisfaction. The court rejected all other claims by Djibouti.
The Court noted that this case marked the first time that jurisdiction was based on Article 38(5) of the Rules of the Court, a provision introduced in 1978 which allows a state that proposes to found the jurisdiction of the ICJ upon a consent that has not yet been manifested or given by another state. Complicated? Sure. From such issues are Jessup problems written.
Judges Ranjeva, Koroma, and Parra-Aranguren wrote a separate opinion. Judge Tomka and Judge ad hoc Yusuf also appended separate opinions. Judges Owada, Keith, and Skotnikov appended declarations to the judgment. Happy reading.