(2,780 words)

paragraph 305 in volume 3, chapter 20, The Written Proceedings and Related Matters

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There is no mention of counter-claims in the Statute, and the law on this subject is entirely judge-made law. The topic is now embodied in Article 80 of the Rules of Court revised in 1978 and further amended in 2000 with effect from 1 February 2001. In its current form, Article 80 reads:

The Court may entertain a counter-claim [demande reconventionnelle] only if it comes within the jurisdiction of the Court and is directly connected with the subjectmatter of the claim of the other party.

Cite this page
Malcolm N. Shaw, “Counter-Claims”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 18 February 2019 <>
First published online: 2017
First print edition: 20161001

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