If the Tribunal or a chamber does not include a judge of the nationality of a party to the dispute, that party may choose a person to sit as a judge. Should there be several parties in the same interest, they are considered for this purpose as one party only. Judges ad hoc need to fulfil the conditions of members, as set out in articles 2, 8 and 11 of the Statute. They participate in the case for which they are chosen on terms of complete equality with the other judges and take precedence after the members of the Tribunal and in order of seniority of age.
Since the inception of the Tribunal, judges ad hoc have been chosen in the following cases:
Southern Bluefin Tuna Cases (New Zealand v. Japan; Australia v. Japan), Provisional Measures
Mr. Ivan Shearer (Australia) was jointly nominated by Australia and New Zealand.
Mr. Francisco Orrego Vicuña (Chile) was chosen by Chile.
The "Grand Prince" Case (Belize v. France), Prompt Release
Mr. Jean-Pierre Cot (France) was chosen by France.
The MOX Plant Case (Ireland v. United Kingdom), Provisional Measures
Mr. Alberto Székely (Mexico) was chosen by Ireland.
The "Volga" Case (Russian Federation v. Australia), Prompt Release
Mr. Ivan Shearer (Australia) was chosen by Australia.
Mr. Kamal Hossain (Bangladesh) was chosen by Malaysia and Mr. Bernard H. Oxman (United States of America) was chosen by Singapore.
Mr. Thomas Mensah (Ghana) has been chosen by Bangladesh and Mr. Bernard H. Oxman (United States of America) has been chosen by Myanmar.
The M/V "Virginia G" Case (Panama/Guinea-Bissau)
Mr José Manuel Sérvulo Correia (Portugal) was chosen by Guinea-Bissau and Mr Tullio Treves (Italy) was chosen by Panama.
The “ARA Libertad” Case (Argentina v. Ghana)
Mr Thomas A. Mensah (Ghana) was chosen by Ghana.