On 12 June 2015, the International Court of Justice (ICJ) confirmed that Timor-Leste had officially withdrawn its case against Australia in Questions relating to the Seizure and Detention of Certain Documents and Data (see this ICJ Press Release). Timor-Leste commenced the proceedings against Australia in December 2013 in relation to the seizure by ASIO of Timorese legal documents relating to the dispute between the two states before a tribunal at the Permanent Court of Arbitration. The arbitration concerns the validity of the Treaty on Certain Maritime Arrangements in the Timor Sea following allegations that Australia spied on the Timorese Cabinet during the treaty negotiation process. The resolution of the ICJ proceedings come only after Australia returned the seized documents.
The ICJ had previously indicated provisional measures (see the ICJ Summary) in March 2014. The ICJ determined that the sovereign equality of states provided an inviolable right to confidential correspondence with their legal counsel. Whilst undertakings given by Australia not to review the documents reduced the risk of disadvantage to Timor-Leste, orders were still given by the ICJ to fully protect Timor-Leste’s rights to their confidential legal documents. The ICJ’s measures required that Australia:
(a) ensure that the content of seized materials was not used to the disadvantage of Timor-Leste;
(b) keep all documents, electronic data and copies of the data under seal; and
(c) not interfere in communications between Timor-Leste and its lawyers in relation to the arbitration.
As the dispute between the two states has concluded at the ICJ, the central arbitration dispute will now resume. Australia’s Department of Foreign Affairs and Trade, commenting on the withdrawal of the ICJ proceedings, stated that the Australia is ‘disappointed that Timor-Leste has decided to resume the arbitration against Australia’ and that ‘Australia will strongly defend the arbitration’ (see this DFAT Press Release).