POSSIBLE RELATED ARTICLES

JURISDICTION OF ICJ
The States parties to the Statute of the Court may “at any time declare that they recognize as
compulsory ipso facto and without special agreement, in relation to any other State accepting the same
obligation, the jurisdiction of the Court” (Art. 36, para. 2, of the Statute).
Each State which has recognized the compulsory jurisdiction of the Court has in principle the right to
bring any one or more other States, which have accepted the same obligation, before the Court, by filing
an application instituting proceedings with the Court. Conversely, it undertakes to appear before the Court
should proceedings be instituted against it by one or more other such States.
The declarations recognizing the jurisdiction of the Court as compulsory take the form of a unilateral act
of the State concerned and are deposited with the Secretary-General of the United Nations.
The texts of declarations made under Article 36, paragraph 2, of the Statute, which, based on the
information provided by the depository, had not expired or been withdrawn or replaced on 1 January
2018, can be found below. The inclusion or omission of a declaration is without prejudice to its possible
application by the Court in a particular case.
In view of the provisions of Article 36, paragraph 5, of the Statute of the International Court of Justice, the
list also includes the texts of declarations made under the Statute of the Permanent Court of International
Justice that have not lapsed or been withdrawn. There are now six such declarations.
The declarations, deposited by a total of 73 States, are given here in English. Where this is not the
original language of the declaration, the translations used, except where otherwise indicated, are by the
Secretariat of the United Nations or of the League of Nations. 1

Netherlands
21 February 2017

The Kingdom of the Netherlands hereby declares that it recognizes as compulsory the jurisdiction of the
International Court of Justice, in conformity with Article 36, paragraph 2, of the Statute of the International
Court of Justice, until such time as notice may be given to terminate this acceptance, over all disputes
arising out of situations or facts that took place no earlier than one hundred years before the dispute is
brought before the said Court.

This declaration replaces, with effect from 1 March 2017, the previous declaration of the Kingdom of the
Netherlands of 1 August 1956.

The Hague, 21 February 2017

The Minister of Foreign Affairs

Kingdom of the Netherlands
(Signed) Bert Koenders2
The jurisdiction of the Court in contentious proceedings is based on the consent of the States to which it
is open. The form in which this consent is expressed determines the manner in which a case may be
brought before the Court.
(a) Special agreement

1 https://www.icj-cij.org/en/declarations
2 https://www.icj-cij.org/en/declarations/nl
Article 36, paragraph 1, of the Statute provides that the jurisdiction of the Court comprises all cases which
the parties refer to it. Such cases normally come before the Court by notification to the Registry of an
agreement known as a special agreement, concluded by the parties specially for this purpose 2. The
subject of the dispute and the parties must be indicated (Statute, Art. 40, para. 1; Rules, Art. 39).
(b) Matters provided for in treaties and conventions
Article 36, paragraph 1, of the Statute also provides that the jurisdiction of the Court comprises all matters
specially provided for in treaties and conventions in force. Such matters are normally brought before the
Court by means of a written application instituting proceedings; this is a unilateral document which must
indicate the subject of the dispute and the parties (Statute, Art. 40, para. 1) and, as far as possible,
specify the provision on which the applicant founds the jurisdiction of the Court (Rules, Art. 38).
A list of treaties and conventions governing the jurisdiction of the International Court of Justice in
contentious cases is given in the “Treaties” section.
To these instruments must be added other treaties and conventions concluded earlier and conferring
jurisdiction upon the Permanent Court of International Justice, for Article 37 of the Statute of the
International Court of Justice stipulates that whenever a treaty or convention in force provides for
reference of a matter to a tribunal to have been instituted by the League of Nations, or to the Permanent
Court of International Justice, the matter shall, as between the parties to the Statute, be referred to the
International Court of Justice. In 1932, in its Collection of Texts governing the Jurisdiction of the
Court (P.C.I.J., Series D, No. 6, fourth edition) and subsequently in Chapter X of its Annual Reports
(P.C.I.J., Series E, Nos. 8-16) the Permanent Court reproduced the relevant provisions of the instruments
governing its jurisdiction. By virtue of the article referred to above, some of these provisions now govern
the jurisdiction of the International Court of Justice.
(c) Compulsory jurisdiction in legal disputes
The Statute provides that a State may recognize as compulsory, in relation to any other State accepting
the same obligation, the jurisdiction of the Court in legal disputes. Such cases are brought before the
Court by means of written applications. The nature of legal disputes in relation to which such compulsory
jurisdiction may be recognized are listed in Article 36, paragraphs 2-5, of the Statute, which read as
follows:
“2. The States parties to the present Statute may at any time declare that they recognize as
compulsory ipso factoand without special agreement, in relation to any other State accepting the
same obligation, the jurisdiction of the Court in all legal disputes concerning:
(a) the interpretation of a treaty;
(b) any question of international law;
(c) the existence of any fact which, if established, would constitute a breach of an international
obligation;
(d) the nature or extent of the reparation to be made for the breach of an international obligation.
3. The declarations referred to above may be made unconditionally or on condition of reciprocity on
the part of several or certain States, or for a certain time.
4. Such declarations shall be deposited with the Secretary-General of the United Nations, who shall
transmit copies thereof to the parties to the Statute and to the Registrar of the Court.
5. Declarations made under Article 36 of the Statute of the Permanent Court of International Justice
and which are still in force shall be deemed, as between the parties to the present Statute, to be
acceptances of the compulsory jurisdiction of the International Court of Justice for the period which
they still have to run and in accordance with their terms.”
The texts of these declarations can be found under the heading ‘ Declarations Recognizing the
Jurisdiction of the Court as Compulsory”.
(d) Forum prorogatum
If a State has not recognized the jurisdiction of the Court at the time when an application instituting
proceedings is filed against it, that State has the possibility of subsequently accepting such jurisdiction to
enable the Court to entertain the case: the Court thus has jurisdiction as of the date of acceptance under
the forum prorogatum rule.
(e) The Court itself decides any questions concerning its jurisdiction
Article 36, paragraph 6, of the Statute provides that in the event of a dispute as to whether the Court has
jurisdiction, the matter shall be settled by the decision of the Court. Article 79 of the Rules lays down the
arrangements for filing preliminary objections4.
(f) Interpretation of a judgment
Article 60 of the Statute provides that in the event of dispute as to the meaning or scope of a judgment,
the Court shall construe it upon the request of any party. The request for interpretation may be made
either by means of a special agreement between the parties or of an application by one or more of the
parties (Rules, Art. 98)
(g) Revision of a judgment
An application for revision of a judgment may be made only when it is based upon the discovery of some
fact of such a nature as to be a decisive factor, which fact was, when the judgment was given, unknown
to the Court and also to the party claiming revision, always provided that such party’s ignorance was not
due to negligence (Statute, Art. 61, para. 1). A request for revision is made by means of an application
(Rules, Art. 99)3

WHO ARE INDIGENOUS PEOPLE?

Indigenous and Tribal Peoples Convention, 1989 (No. 169)

Article 1. 1. This Convention applies to:

(a) tribal peoples in independent countries whose social, cultural and economic conditions distinguish
them from other sections of the national community, and whose status is regulated wholly or partially by
their own customs or traditions or by special laws or regulations;

(b) peoples in independent countries who are regarded as indigenous on account of their descent from
the populations which inhabited the country, or a geographical region to which the country belongs, at the
time of conquest or colonisation or the establishment of present state boundaries and who, irrespective of
their legal status, retain some or all of their own social, economic, cultural and political institutions.

2. Self-identification as indigenous or tribal shall be regarded as a fundamental criterion for determining

the groups to which the provisions of this Convention apply.

3. The use of the term peoples in this Convention shall not be construed as having any implications as
regards the rights which may attach to the term under international law. 4

In Indigenous Peoples in International Law, S. James Anaya defines the term “Indigenous” as referring
“broadly to the living descendants of pre-invasion inhabitants of lands now dominated by others” 5The term
“Peoples” largely refers to communities with an identity that connects them with their past

3 https://www.icj-cij.org/en/basis-of-jurisdiction#2
4 https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C169
5 Anaya, S. James. Indigenous Peoples in International Law, p. 3. New York: Oxford University Press, 2004.
ancestors.6 International documents such as the Convention on Indigenous and Tribal Peoples,
Convention No. 169 (1989) focus specifically on who is covered by the convention rather than trying to
define “indigenous peoples”.7 The World Bank issued Operational Directive 4.10 (2005), designed to
replace Operational Directive 4.20 (1991), that recognizes the difficulty in defining “indigenous peoples”.
It provides a detailed and broad statement regarding those who the directive protects, and considers
situations where it is not clear whether a specific community is included. 8

DISTINCT CULTURAL PRACTICES OF OMELOI

Paragraph 6, 7, 8, 9, 10

URGENCY PREVAILS OVER CULTURAL PRACTICES

In time of public emergency which threatens the life of the nation and the existence of which is officially
proclaimed, the States Parties to the present Covenant may take measures derogating from their
obligations under the present Covenant to the extent strictly required by the exigencies of the situation,
provided that such measures are not inconsistent with their other obligations under international law and
do not involve discrimination solely on the ground of race, color, sex, language or social origin. 9

6 id
7 International Labor Organization (ILO), General Conference, 76th Session, Geneva, (June 27, 1989), (Entered into
force September 5, 1991), available at: http://www.ilo.org/ilolex/cgi-
lex/pdconv.pl?host=status01&textbase=iloeng&document=170&chapter=1&query=%23subject%3D20&highlight=&qu
erytype=bool&context=0
1. This Convention applies to:
(a) Tribal peoples in independent countries whose social, cultural and economic conditions distinguish them from
other sections of the national community, and whose status is regulated wholly or partially by their own customs or
traditions or by special laws or regulations;
(b) Peoples in independent countries who are regarded as indigenous on account of their descent from the
populations which inhabited the country, or a geographical region to which the country belongs, at the time of
conquest or colonization or the establishment of present State boundaries and who, irrespective of their legal status,
retain some or all of their own social, economic, cultural and political institutions.
2. Self-identification as indigenous or tribal shall be regarded as a fundamental criterion for determining the groups to
which the provisions of this Convention apply.
3. The use of the term "peoples" in this Convention shall not be construed as having any implications as regards the
rights which may attach to the term under international law.

8 World Bank Operational Directive 4.10: Indigenous Peoples (July 2005), available
at:http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTSOCIALDEVELOPMENT/EXTINDPEOPLE/0,,menuP
K:407808~pagePK:149018~piPK:149093~theSitePK:407802,00.html:
9 ARTICLE 4, International Covenant on Civil & Political Rights