THE INTERNATIONAL COURT OF JUSTICE

1. Introduction
The International Court of Justice (ICJ) is the principal judicial organ of the United
Nations (UN). It was established in June 19! b" the Charter of the United Nations and
began wor# in $pril 19%. Article 7 and Article 92 of UN Charter are relevant to the
Introduction. According to Article 92 of UN Charter, ` The International Court of
Justice shall be the rincial !udicial organ of the United Nations. It shall function
in accordance "ith the anne#ed $tatute, "hich is based uon the $tatute of the
%er&anent Court of International Justice and for&s an integral art of the resent
Charter. ` The International Court of Justice is distinguished fro& its redecessor,
the %er&anent Court of International Justice '(922)(9*+,.
2. The Court is a Permanent International Institution/
In ter&s of Article 22, aragrah (, of the $tatute, -the seat of the Court
shall be established at The .ague-, a cit/, this is also the seat of the 0overn&ent
of the Netherlands. The Court &a/, if it considers it desirable, hold sittings
else"here, but this has never been roosed. The Court thus continues to
occu/ re&ises in the %eace %alace, "hich are laced at its disosal b/ the
Carnegie 1oundation of the Netherlands in return for a a/&ent b/ the United
Nations. The International Court of Justice is an indeendent bod/. Its "or2 is
directed and its ad&inistration suervised b/ its %resident, assisted b/ a
3udgetar/ and Ad&inistrative Co&&ittee, a Co&&ittee on 4elations and a
5ibrar/ Co&&ittee, all of the& co&osed of 6e&bers of the Court. The 7ice)
%resident ta2es the lace of the %resident if the latter is unable to fulfil his duties
or if the office of %resident is vacant, and for this urose he receives a dail/
allo"ance. In the absence of the 7ice)%resident, this role devolves uon the
senior !udge.
3. Origin of International Court of Justice
The creation of the Court reresented the cul&ination of a long develo&ent of
&ethods for the acific settle&ent of international disutes, the origins of "hich
can be said to go bac2 to classical ti&es. Article 88 of the United Nations Charter
lists the follo"ing &ethods for the acific settle&ent of disutes bet"een $tates9
negotiation, en:uir/, &ediation, conciliation, arbitration, !udicial settle&ent, and
resort to regional agencies or arrange&ents, to "hich good offices should also
be added. A&ong these &ethods, certain involve aealing to third arties. 1or
e#a&le, &ediation laces the arties to a disute in a osition in "hich the/ can
the&selves resolve their disute than2s to the influence of a third art/.
Arbitration goes further, in the sense that the disute is in fact sub&itted to the
decision or a"ard of an i&artial third art/, so that a binding settle&ent can be
achieved.
4. Aim of The Court
The Court&s role is to settle' in accordance with international law' legal disputes
sub(itted to it b" )tates and to gi*e ad*isor" opinions on legal +uestions referred to it b"
authori,ed United Nations organs and speciali,ed agencies.
5. Comosition of the Court
0eneral Asse&bl/ and $ecurit/ Council shall elect the &e&bers of the Court.
1or obvious ractical reasons, the nu&ber of !udges cannot be e:ual to that of
those $tates. According to Article 8'(,. `The Court shall consist of fifteen
&e&bers, no t"o of "ho& &a/ be nationals of the sa&e state`. It "as fi#ed at (;
"hen the revised version of the $tatute of the %CIJ that ca&e in force in (98+
"as drafted, and has since re&ained unchanged, desite occasional suggestions
that the nu&ber be increased. Under Article (8, the ter& of a !udge is 9 /ears. In
order to ensure a certain &easure of continuit/, one)third of the Court, i.e., five
!udges, is elected ever/ three /ears. Judges are eligible for re)election. If a !udge
dies or resigns during his ter& of office, a secial election is held as soon as
ossible to choose a !udge to fill the un)e#ired art of his ter& of office.
!lection of "eme#res of ICJ
Article *
!lection of President and $ice President
Article 2(
%. Present Comosition of International Court of Justice
President
-osal"n .iggins (United /ingdo( of 0reat 1ritain and Northern Ireland)
Vice-President
$wn )haw#at $l2/hasawneh (Jordan)
Judges
-a"(ond -anje*a (3adagascar)
)hi Jiu"ong (China)
$bdul 0. /oro(a ()ierra 4eone)
0on,alo 5arra2$ranguren (6ene,uela)
Tho(as 1uergenthal (United )tates of $(erica)
.isashi 7wada (Japan)
1runo )i((a (0er(an")
5eter To(#a ()lo*a#ia)
-onn" $braha( (8rance)
/enneth /eith (New 9ealand)
1ernardo )ep:l*eda2$(or (3e;ico)
3oha(ed 1ennouna (3orocco)
4eonid )#otni#o* (-ussian 8ederation)
&. 'ualification of Judge
According to UN charter, the erson "ho is entitled to highest !udicial office in
their resective countries or &ost reno"ned legal scholar is eligible to beco&e
the !udge of International Court of Justice. The !udges &ust ossess the
:ualifications re:uired in their resective countries for aoint&ent to the highest
!udicial offices, or be !urists of recogni<ed co&etence in international la". The
co&osition of the Court has also to reflect the &ain for&s of civili<ation and the
rincial legal s/ste&s of the "orld.
(. )ho can #ring Cases #efore International Court of Justice*
=nl/ $tates &a/ al/ to and aear before the Court. The 6e&ber $tates of the
United Nations 'at resent nu&bering (9(, are so entitled.
o Article 8;, aragrah (, of the $tatute rovides that the Court shall
be oen to the $tates arties to the $tatute, and Article 98,
aragrah (, of the Charter of the United Nations rovides that all
6e&bers of the United Nations are iso facto arties to the $tatute.
o Article 98'2, of the Charter of the United Nations &a2es rovision
for $tates, "ho are non)&e&bers of the United Nations, to beco&e
arties to the $tatute of the Court, under conditions deter&ined in
each case b/ the 0eneral Asse&bl/, on reco&&endation fro& the
$ecurit/ Council.
o The Court' which is open to )tates parties to the )tatute' is also open to
other )tates' in accordance with $rticle <!(=) of the )tatute. This $rticle
pro*ides that the conditions upon which the Court shall be open to such
)tates shall' subject to the special pro*isions contained in treaties in force'
be laid down b" the )ecurit" Council' but in no case shall such conditions
place the parties in a position of ine+ualit" before the Court.
+. ,asis Of The Court-s Jurisdiction
The Court is co&etent to entertain a disute onl/ if the $tates concerned have
acceted its !urisdiction. The for& in "hich this consent is e#ressed deter&ines
the &anner in "hich a case &a/ be brought before the Court.
(a) Special agreement
Article 8+, aragrah (, of the $tatute rovides that the !urisdiction of the Court
co&rises all cases, "hich the arties refer to it. $uch cases nor&all/ co&e
before the Court b/ notification to the 4egistr/ of an agree&ent 2no"n as a
special agreement and concluded b/ the arties eseciall/ for this urose. The
sub!ect of the disute and the arties &ust be indicated.
(b) Cases provided for in treaties and conventions
3/ virtue of a !urisdictional clause, i.e., t/icall/, "hen the/ are arties to a treat/
ontaining a rovision "hereb/, in the event of a disagree&ent over its
interretation or alication, one of the& &a/ refer the disute to the Court.
$everal hundred treaties or conventions contain a clause to such effect
(c) Compulsory jurisdiction in legal disputes
Through the recirocal effect of declarations &ade b/ the& under the $tatute
"hereb/ each has acceted the !urisdiction of the Court as co&ulsor/ in the
event of a disute "ith another $tate having &ade a si&ilar declaration.
The declarations of +; $tates are at resent in force, a nu&ber of the& having
been &ade sub!ect to the e#clusion of certain categories of disute.
(d) The Court itself decides any questions as to its jurisdiction
Article 8+, aragrah +, of the $tatute rovides that in the event of a disute as to
"hether the Court has !urisdiction, the &atter shall be settled b/ the decision of
the Court. Article 79 of the 4ules la/s do"n the conditions, "hich govern the
filing of reli&inar/ ob!ections.
(e) Interpretation of a judgment
Article +> of the $tatute rovides that in the event of disute as to the &eaning or
scoe of a !udg&ent, the Court shall construe it uon the re:uest of an/ art/.
The re:uest for interretation &a/ be &ade either b/ &eans of a secial
agree&ent bet"een the arties or of an alication b/ one or &ore of the arties.
(f) Revision of a judgment
An alication for revision of a !udg&ent &a/ be &ade onl/ "hen it is based
uon the discover/ of so&e fact of such a nature as to be a decisive factor,
"hich fact "as, "hen the !udg&ent "as given, un2no"n to the Court and also to
the art/ clai&ing revision, al"a/s rovided that such art/?s ignorance "as not
due to negligence. A re:uest for revision is &ade b/ &eans of an
alication.
1.. A /ni0ue 1ole of ICJ / 2I33!1!4T T5P!6 O3 CO/1T 76
J/1I62ICTIO4
Voluntary Jurisdiction
Cases referred to ICJ on &utual understanding of the arties
Compulsory Jurisdiction
Article 8+ '2, of the statue of ICJ conferred that the arties to the statute &a/ at
an/ ti&e declare that the/ recognise as co&ulsor/ iso fecto and "ithout
secial agree&ent, in relation to an/ other state acceting the sa&e obligations.
Advisory Jurisdiction
The Court has a dual role9 to settle in accordance "ith international la"
the legal disutes sub&itted to it b/ $tates, and to give advisor/ oinions on legal
:uestions referred to it b/ dul/ authori<ed international organs and agencies. The
advisor/ rocedure of the Court is oen solel/ to international organi<ations. The
onl/ bodies at resent authori<ed to re:uest advisor/ oinions of the Court are
five organs of the United Nations and (+ seciali<ed agencies of the
United Nations fa&il/.
=n receiving a re:uest, the Court decides "hich $tates and
organi<ations &ight rovide useful infor&ation and gives the& an oortunit/ of
resenting "ritten or oral state&ents. The Court?s advisor/ rocedure is
other"ise &odelled on that for contentious roceedings, and the sources of
alicable la" are the sa&e. In rincile the Court?s advisor/ oinions are
consultative in character and are therefore not binding as such on the re:uesting
bodies. Certain instru&ents or regulations can, ho"ever, rovide in advance that
the advisor/ oinion shall be binding.
Pending cases
(. Alication of the Convention on the %revention and
%unish&ent of the Cri&e of 0enocide'3osnia and
.er<egovina v. $erbia and 6ontenegro,
2. 0abc@2ovo)Nag/&aros %ro!ect '.ungar/A$lova2ia,
8. Ah&adou $adio Biallo '4eublic of 0uinea v. Be&ocratic
4eublic of Congo,
*. Ar&ed activities on the territor/ of the Congo 'Be&ocratic
4eublic of Congo v. Uganda,
;. Alication of the Convention on the %revention and
%unish&ent of the Cri&e of 0enocide 'Croatia v. $erbia
and 6ontenegro,
+. 6ariti&e Beli&itation bet"een Nicaragua and .onduras in
the Caribbean $ea 'Nicaragua v. .onduras,
7. Territorial and 6ariti&e Bisute 'Nicaragua v. Colo&bia,
C. 1rontier Bisute '3eninANiger,
9. Ar&ed Activities on the Territor/ of the Congo 'Ne"
Alication 9 2>>2, 'Be&ocratic 4eublic of the Congo v.
4"anda,
(>. Certain Cri&inal %roceedings in 1rance '4eublic of the
Congo v. 1rance,
((. $overeignt/ over %edra 3rancaA%ulau 3atu %uteh,
6iddle 4oc2s and $outh 5edge'6ala/siaA$ingaore,
1=. 6ariti&e Beli&itation in the 3lac2 $ea '4o&ania v. U2raine)
11. Conclusion