Hence, no proceedings exist as such where the respondent State has not given “non equivocal” consent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vailable here (in French only).12 Judgement, para. This case has numerous similarities with the Djibouti v. France case. However, the compulsory jurisdiction of the Court accepted by a unilateral declaration pursuant to Article 36, paragraph 2 is only one form of expression of the consent of a State to the jurisdiction of the Court. 54, p. 23, available here.44 Judgement, paras. As such, the ICJ Judgement of 4 June 2008 will in no way resolve the core issue at stake between Djibouti and France, namely that French judges continue to suspect the highest powers in Djibouti for the death of Bernard Borrel. The number of Chinese investments is also multiplying, especially in the hotel sector. 18 For a short review of this jurisprudence, see Jacques Soubeyrol, ‘Forum prorogatum’ et Cour internationale de Justice : de la procédure contentieuse à la procédure consultative, Revue générale de droit international public, Volume 76, 1972, pp. 152, p. 48.42 Ibid., para. It explains that forum prorogatum has been applied by the Permanent Court of International Justice (PCIJ) and the ICJ as a flexible way of founding the jurisdiction of the Court over the merits of a dispute. For a comparative analysis of PCIJ and ICJ jurisprudences on forum prorogatum, see Pierre Stillmunkes, “Le forum prorogatum devant la Cour permanente de Justice internationale et la Cour internationale de Justice”, Revue générale de droit international public, Volume 68, 1964, pp. cit., pp. Underlying geopolitical interestsThe geographic location of Djibouti continues to make the country an essential part of the French military network. According to the Djiboutian authorities, which concluded that the judge had committed suicide, Bernard Borrel doused himself with petrol, set himself on fire and then slid down a steep slope. Unofficial translation: “I do not see how France could have given its explicit consent to the jurisdiction of the Court over a dispute relating to a fact that had not yet occurred.”37 Declaration of Judge Skotnikov, paras. Reports 2006, p. 18.29 Letter of 25 July 2006, op. This Judgement is the first from the ICJ in which the exact words “forum prorogatum” are used, marking its official use.22 See Corfu Channel, op. 202, p. 60.43 Ibid., para. 16(c) and (h)(ii) and Memorial, V.2 Demandes, paras. cit..30 Ibid.31 Judgement, para. It’s called forum prorogatum, Latin for prorogated jurisdiction, and refers to State B indicating consent — after State A takes the case to the ICJ — in an implied or informal way by its conduct. 24, p. 416, Available here. Devoid of natural resources and with a desert climate preventing any agricultural development, this State—which is smaller than Rwanda and is surrounded by war-torn countries—has as its one saving grace its strategic access to the Bab Al-Mandab Strait, which is located between the Red Sea and the Gulf of Aden. the refusal of France to hand over to Djibouti the Borrel record. In particular, it was the first time that the ICJ had to decide on the merits of a dispute brought before it by an application based on Article 38, paragraph 5, of the Rules of Court.II. In his individual opinion, in relation to the jurisdiction rationae materiae, Judge Tomka underlined the contradiction between the Court’s assertion that the consent of the respondent must be “certain” and the Court’s determination to “discern” the subject-matter of the dispute from a reading of the whole Application (especially when this consent has been formally expressed): “l’État qui a été invité à accepter la compétence de la Cour et qui y a consenti, risque de découvrir plus tard que la Cour donne au différend et à son objet une définition différente de la sienne.”35  As for jurisdiction rationae temporis, Judge Tomka added: “je vois mal comment la France pouvait expressément accepter la compétence de la Cour pour un différend concernant un fait qui ne s’était pas encore produit.”36On this matter, the author would give preference to the declaration of Judge Skotnikov, who did not agree with the Court when it set aside the previous jurisprudence relating to the extension of the Court’s jurisdiction to facts that occurred after the Application was filed. 1-26 and Bedjaoui, op. In 2005, the current President of Djibouti, Ismaël Omar Guelleh, was accused by Djiboutian witnesses, then summoned as a witness himself by a French judge. The jurisdiction of the Court in contentious proceedings is based on the consent of the States to which it is open 1. On the Corfu Channel case and forum prorogatum, see Humphrey Waldock, “Forum Prorogatum or acceptance of a unilateral summons to appear before the international Court”, The International Law Quarterly, Volume 2, No. cit..17 International Court of Justice, Corfu Channel (United Kingdom of Great Britain and Northern Ireland v. Albania), 1947-1948, documents available here. Put in the words of the ICJ official, “you go along” … Congo criticizes France for the issuance by the French judiciary of letters rogatory to hear as a witness the President of Congo, Sassou Nguesso, when he was on an official visit in France. 65, p. 26.32 Ibid., paras. Djibouti now candidly uses this “opening to competition” to put pressure on France.Since 2003, France has paid Djibouti 30 million euro in annual rent for its base, whereas previously it had to pay nothing.