Article 42
The parties shall be entitled to attend the measures of inquiry.
Section 2: The summoning and examination of witnesses and experts
Article 43
1. The Court may, either of its own motion or on application by a party, order that
witnesses prove certain facts. The order of the Court shall set out the facts to be
established.
2. The Court may summon a witness of its own motion or on application by a party to
attend.
3. An application by a party for the examination of a witness shall state precisely about
what facts and for what reasons the witness should be examined.
4. The witness shall be summoned by an order of the Court containing the following
information:
(a) The surname, forenames, description and address of the witness;
(b) An indication of the facts about which the witness is to be examined;
(c) Where appropriate, particulars of the arrangements made by the Court for
Reimbursement of expenses incurred by the witness, and of the penalties, which may
be imposed on defaulting witnesses.
5. The order shall be served on the parties and the witnesses.
6. The Court may make the summoning of a witness for whose examination a party has
applied conditional upon the deposit with the Registry of the Court of a sum sufficient
to cover the taxed costs thereof; the Court shall fix the amount of the payment. The
Registry shall advance the funds necessary in connection with the examination of any
witness summoned by the Court of its own motion.
7.
After the identity of the witness has been established, the President shall inform him
that he will be required to vouch the truth of his evidence in the manner laid down in
these Rules.
8. The witness shall give his evidence to the Court, the parties having been given notice
to attend. After the witness has given his main evidence the President may, at the
request of a party or of his own motion, put questions to him.
9. The other Judges may do likewise. Subject to the control of the President, the
representatives of the parties may put questions to witnesses.