De facto transparency? Investigating the practice of the international court of justice

This article explores the International Court of Justice's (ICJ or the Court) use of various forms of de facto transparency, enacted beyond normative constraints. It focuses on three examples: the ICJ's online activities (website and social media), the Court's press releases and summaries of judicial decisions, and the speeches delivered by the judges of the Court, to understand the benefits and risks of these practices. While they may not all have originated with the explicit aim of enhancing the Court's image as a transparent institution, their consistent implementation has assumed that role. The article examines them from the perspective of transparency as 'accessibility', with its nuances of 'justification', 'explanation', and 'simplification'. Ultimately, the article highlights the importance of reflecting on transparency beyond formal rules, considering possible problems inherent to it, and understanding the ways in which it is (or is not) achieved.