Non-Participation in the International Court of Justice Revisited: Change or Plus Ça Change?


This Article revisits the topic of non-participation of states in proceedings before the International Court of Justice and challenges the notion that the Nicaragua case from the mid-1980s was the last instance of non-participation in the ICJ.  In particular, there have been at least three instances of non-participation in the ICJ since the Nicaragua case, each of which this Article analyzes.  The Article concludes by explaining the significance of such cases of non-participation for the disputants, on the one hand, and the court and the international legal system as a whole, on the other.