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  • CRITICAL ANALYSIS OF THIRD-...
    Alexander, Atul; Guha, Shouvik Kumar

    Indonesian journal of international & comparative law, 10/2021, Volume: 8, Issue: 4
    Journal Article

    Third-Party intervention in the International Court of Justice (ICJ) has become increasingly significant in contemporary international law. In September 2020, Canada and the Netherlands issued a joint statement suggesting their intention to intervene in an ongoing contentious case at the ICJ. This was a case on the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar). As reflected in their joint statement, the intervention was to support efforts that concerned all of humanity. The right of a third party to intervene accrues, if interest is of a legal nature, that may be affected by the decision of the ICJ (Article 62) or construction of a Convention to which States other than those concerned parties is in question (Article 63). The ICJ has strictly interpreted applications by third states. To put it into perspective, it has merely entertained 20 and 29 percent of applications and declarations under Article 62 and Article 63, respectively.