INTERNATIONAL COURT OF
JUSTICE
THE INTERNATIONAL COURT OF JUSTICE (ICJ) IS THE PRINCIPAL
JUDICIAL ORGAN OF THE UNITED NATIONS (UN). IT WAS ESTABLISHED
IN JUNE 1945 BY THE CHARTER OF THE UNITED NATIONS AND BEGAN
WORK IN APRIL 1946.
ORIGIN OF INTERNATIONAL COURT OF
JUSTICE
The creation of the Court represented the culmination of a long development of methods
for the pacific settlement of international disputes, the origins of which can be said to go
back to classical times. Article 33 of the United Nations Charter lists the following
methods for the pacific settlement of disputes between States: negotiation, enquiry,
mediation, conciliation, arbitration, judicial settlement, and resort to regional agencies or
arrangements, to which good offices should also be added. Among these methods, certain
involve appealing to third parties. For example, mediation places the parties to a dispute in
a position in which they can themselves resolve their dispute thanks to the influence of a
third party. Arbitration goes further, in the sense that the dispute is in fact submitted to the
decision or award of an impartial third party, so that a binding settlement can be achieved.
THE SEAT OF THE COURT IS AT THE PEACE PALACE IN THE HAGUE
(NETHERLANDS). OF THE SIX PRINCIPAL ORGANS OF THE UNITED NATIONS, IT
IS THE ONLY ONE NOT LOCATED IN NEW YORK (UNITED STATES OF AMERICA).
The Court is composed of 15 judges, who are elected for
terms of office of nine years by the United Nations General
Assembly and the Security Council. It is assisted by a
Registry, its administrative organ. Its official languages are
English and French.
Judges are elected to nine-year terms of office by the
United Nations General Assembly and the Security
Council. These organs vote simultaneously but
separately. In order to be elected, a candidate must
receive an absolute majority of the votes in both
bodies
THE INTERNATIONAL COURT OF JUSTICE ACTS AS A WORLD COURT.
THE COURT HAS A DUAL JURISDICTION :
• It decides, in accordance with international law, disputes of a
legal nature that are submitted to it by States (jurisdiction in
contentious cases); and
• It gives advisory opinions on legal questions at the request of
the organs of the United Nations or specialized agencies
authorized to make such a request (advisory jurisdiction).
ICJ COVERS LEGAL DISPUTES WHICH THE
STATES REFER TO IT.
• (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; and
• (d) The nature or extent of the reparation to be made for the
breach of an international obligation.
The ICJ also has jurisdiction to give an advisory opinion on any
legal question as may be requested by the General Assembly or
the Security Council or on legal questions arising within the
scope of the activities of other organs and specialized agencies
of the U.N. upon their request and when so authorized by the
General Assembly. (Article 96, U.N. Charter)
Only States may be parties in cases before the
ICJ and their consent is needed for the ICJ to
acquire jurisdiction.
AIM OF THE COURT
The Court’s role is to settle, in accordance with
international law, legal disputes submitted to it by States
and to give advisory opinions on legal questions referred to
it by authorized United Nations organs and specialized
agencies.
WHO CAN BRING CASES BEFORE
INTERNATIONAL COURT OF JUSTICE?
Only States may apply to and appear before the Court. The Member States of the United Nations (at present
numbering 191) are so entitled.
o Article 35, paragraph 1, of the Statute provides that the Court shall be open to the States parties to the
Statute, and Article 93, paragraph 1, of the Charter of the United Nations provides that all Members of the
United Nations are ipso facto parties to the Statute.
o Article 93(2) of the Charter of the United Nations makes provision for States, who are non-members of
the United Nations, to become parties to the Statute of the Court, under conditions determined in each case
by the General Assembly, on recommendation from the Security Council.
o The Court, which is open to States parties to the Statute, is also open to other States, in accordance with
Article 35(2) of the Statute. This Article provides that the conditions upon which the Court shall be open to
such States shall, subject to the special provisions contained in treaties in force, be laid down by the Security
Council, but in no case shall such conditions place the parties in a position of inequality before the Court.
BASIS OF THE COURT’S JURISDICTION
The Court is competent to entertain a dispute only if the States concerned have
accepted its jurisdiction. The form in which this consent is expressed determines the
manner in which a case may be brought before the Court.
(a) Special agreement
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 and concluded by the parties especially for this purpose. The subject of
the dispute and the parties must be indicated.
(b) Cases provided for in treaties and conventions
By virtue of a jurisdictional clause, i.e., typically, when they are parties to a treaty ontaining a provision
whereby, in the event of a disagreement over its interpretation or application, one of them may refer the
dispute to the Court. Several hundred treaties or conventions contain a clause to such effect
(c) Compulsory jurisdiction in legal disputes
Through the reciprocal effect of declarations made by them under the Statute whereby each has accepted the
jurisdiction of the Court as compulsory in the event of a dispute with another State having made a similar
declaration. The declarations of 65 States are at present in force, a number of them having been made subject
to the exclusion of certain categories of dispute.
(d) The Court itself decides any questions as to 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 conditions, which govern
the filing of preliminary objections.
(e) 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.
(f) 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. A request for revision
is made by means of an application.
PENDING CASES
