VII
consideration will entail (paragraphs 35-51). In so doing, the Court hardly
evoked the condition, albeit fundamental, regarding the decisive influence that
the new evidence must exert on the judgment for which revision is being sought
(paragraph 49), and the no less fundamental condition that the Applicants must
not be negligent in not being within the knowledge of the evidence in question
before the delivery of the judgment (paragraph 50). The Court did not draw any
conclusion with respect to this latter condition and then reverted (paragraph 51)
to its finding as expressed in paragraph 49, apparently making the said finding
the ground for its decision. A more systematic approach would, without doubt,
have provided greater clarity to the Court’s reasoning in the present judgment.
*
23. The recourse to revision of a judgment of the Court, by its very nature and
purport, should be exercised and be accepted exceptionally in a way to avoid
undermining the principle of the authority of a matter already judged (res
judicata) embodied in the decisions of the Court and any other judicial organ.18
It is indeed necessary not to endanger legal certainty by encouraging the parties
not satisfied with a judgment of the Court to request a revision of such a
judgment.
24. For an Application for Revision not to be transformed into an ordinary
appeal procedure not prescribed by the Protocol, such application must conform
to strict conditions which must equally be strictly interpreted by the Court. For
the purpose of ensuring the proper use of the revision remedy, it is absolutely
necessary that potential litigants before the Court be cognizant of the real
meaning of the texts governing this extraordinary remedy.
25. Predictability of procedural standards is surely a guarantee for legal
certainty, and for such standards to be predictable, they must be clear and
intelligible. Pending a possible amendment of the Rules governing the question
of revision in particular,19 such clarification must be made through the judicial
18
This has been emphasized by the Inter-American Court of Human Rights in the following
terms: “The legal motives envisaged as reasons for the remedy of revision are restrictive in
nature, inasmuch as the remedy is always directed against orders that have acquired the effect
of res judicata, that is, against judgments of a decisive nature or interlocutory judgments that
are passed and put an end to the proceeding”, Case of Genie-Lacayo v. Nicaragua
(Application for Judicial Review of the Judgment on Merits, Reparations and Costs), op. cit.,
p. 5, paragraph 11; see also, European Court of Human Rights, Application No. 13416/87,
Matter of Pardo v. France (Revision), judgment of 10 July 1996, p. 9, paragraph 21.
19
For
reasons of legal certainty, it will also be desirable to introduce a time limit within
which every Application for Revision must be submitted; see for example Article 25 (4) of
the Protocol establishing the Court of Justice of the Economic Community of West African
States, which provides for a deadline of five years; see also Article 61 (5) of the Statute of the
International Court of Justice or Article 48 (5) of the Protocol on the Statute of the African