The Conditions of Interest and Capacity to File a Lawsuit before the International Court of Justice

Abstract

Jurisprudence agrees on the necessity of having an interest for the person filing his lawsuit so that it can be accepted, as it is considered the guarantee of the seriousness of the lawsuit and that it does not deviate from the purpose set by the law. The interest is the benefit that the plaintiff gains from resorting to the judiciary. The basic principle is that if a person's right is violated, he has an interest in resorting to the judiciary. Obtaining a ruling, and the condition of interest, is one of the most important objective conditions for accepting a lawsuit. Some jurists even considered interest not a condition for accepting a lawsuit, but rather its basis, meaning the basis of its existence. If interest is a necessary condition for the lawsuit to be accepted before the judiciary, then the plaintiff must have standing to file the lawsuit, as standing is the basis that justifies the existence of a person's right to sue, whether in its positive form (for the person with the right to sue) or in its negative form (for the person who has the right to sue). In confronting him), the characteristic in this sense is a distinction of the personal aspect of the right in the lawsuit. Capacity must also be proven by both parties, the plaintiff and defendant, otherwise the right to file a lawsuit is considered non-existent. In order for the judge to be able to consider the allegations submitted to him, the necessary conditions must be met, including capacity.