28. The Court notes that the afore-mentioned Rule 55 in its paragraph 1 sets
out three conditions,
request made
namely:
i) the default of one
of the parties;
ii) the
by the other party; and iii) the notification to the defaulting
party of both the application and the documents on file.
29. On the default of one of the parties, the Court notes that on 9 May 2017, the
Respondent State had indicated its intention to suspend its participation and
requested the cessation of any transmission of documents
relating to the
proceedings in the pending cases concerning it. The Court notes that, by
these
requests,
the
Respondent
State
has
voluntarily
refrained
from
asserting its defence.
30. With respect to the other party's request for a judgment in default, the Court
notes that in the instant case it should, in principle, have given a judgment
in default only at the request of the Applicant. However, the Court considers,
that, in view of the proper administration of justice, the decision to rule by
default falls within its judicial discretion.
jurisdiction to render judgment
In any event, the Court shall have
in default
suo motu
if the conditions
laid
down in Rule 55(2) of the Rules are fulfilled.
31. Finally, as regards the notification of the defaulting party, the Court notes
that the application was filed on 24 February 2017. The Court further notes
that from 31 March 2017, the date of transmission of the notification of the
Application to the Respondent State, to 28 February 2019, the date of the
closure of the pleadings, the Registry notified the Respondent State of all
the pleadings submitted
by the Applicant.
The Court concludes thus, that
the defaulting party was duly notified.
32.On the basis of the foregoing,
the Court will now determine whether the
other requirements under Rule 55 of the Rules are fulfilled, that is: it has