HOME

TheInfoList




The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the
United Nations The United Nations (UN) is an intergovernmental organization that aims to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be a centre for har ...

United Nations
(UN). It settles disputes between states in accordance with
international law International law, also known as public international law and law of nations, is the set of rules, norms, and standards generally accepted in relations between nations. It establishes normative guidelines and a common conceptual framework to guide ...
and gives advisory opinions on international legal issues. The ICJ is the only
international court International courts are formed by treaties A treaty is a formal legally binding written agreement between actors in international law. It is usually entered into by sovereign states and international organizations, but can sometimes include i ...
that adjudicates general disputes between countries, with its rulings and opinions serving as primary
sources of international law International law also known as "law of nations" is the name of a body of rules which regulate the conduct of sovereign states in their relations with one another. EditingSources of international law include treaties, customary international law, in ...
. The ICJ is the successor of the
Permanent Court of International Justice 300px, The Peace Palace in The Hague, Netherlands, home to the Permanent Court of International Justice The Permanent Court of International Justice, often called the World Court, existed from 1922 to 1946. It was an international court attached ...
(PCIJ), which was established in 1920 by the
League of Nations The League of Nations, abbreviated as LON (french: Société des Nations , abbreviated as SDN or SdN), was the first worldwide Intergovernmental organization, intergovernmental organisation whose principal mission was to maintain world peace. ...
. After the
Second World War World War II or the Second World War, often abbreviated as WWII or WW2, was a that lasted from 1939 to 1945. It involved —including all of the great powers—forming two opposing s: the and the . In a total war directly involving m ...
, both the League and the PCIJ were replaced by the United Nations and ICJ, respectively. The
Statute of the ICJThe Statute of the International Court of Justice is an integral part of the United Nations Charter, as specified by Chapter XIV of the United Nations Charter, which established the International Court of Justice. Structure The Statute is divid ...
, which sets forth its purpose and structure, draws heavily from that of its predecessor, whose decisions remain valid. All
member states of the UN
member states of the UN
are party to the ICJ Statute and may initiate contentious cases; however, advisory proceedings may only be submitted by certain UN organs and
agencies Agency may refer to: * a governmental or other institution * the abstract principle that autonomous beings, agents, are capable of acting by themselves; see autonomy Abstract principle * Agency (law), a person acting on behalf of another person ...
. The ICJ consists of a panel of 15 judges elected by the
UN General Assembly The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policy-making, and representative organ of the UN. I ...
and
Security Council The United Nations Security Council (UNSC) is one of the Organs of the United Nations, six principal organs of the United Nations (UN), charged with ensuring international security, international peace and security, recommending the admission ...

Security Council
for nine-year terms. No more than one judge of each nationality may be represented on court at the same time, and judges collectively must reflect the principal civilizations and legal systems of the world. Seated in the
Peace Palace , native_name_lang = , logo = , logo_size = , logo_alt = , logo_caption = , image = La haye palais paix jardin face.JPG , image_size = , image_alt = , image_caption = The Peace Palace, The Hague , map_type = , map_alt = , ma ...

Peace Palace
in
The Hague The Hague ( ; nl, Den Haag or ) is a city A city is a large human settlement.Goodall, B. (1987) ''The Penguin Dictionary of Human Geography''. London: Penguin.Kuper, A. and Kuper, J., eds (1996) ''The Social Science Encyclopedia''. 2nd editi ...

The Hague
, Netherlands, the ICJ is the only principal UN organ not located in New York City. Its official
working language A working language (also procedural language) is a language A language is a structured system of communication used by humans, including speech (spoken language), gestures (Signed language, sign language) and writing. Most languages have a wri ...
s are English and French. Since the entry of its first case on 22 May 1947, the ICJ has entertained 179 cases through March 2021.


History

The first permanent institution established for the purpose of settling international disputes was the
Permanent Court of Arbitration The Permanent Court of Arbitration (PCA) is an intergovernmental organization located in The Hague The Hague (; nl, Den Haag or ) is a List of cities in the Netherlands by province, city and Municipalities of the Netherlands, municipality ...
(PCA), which was created by the
Hague Peace Conference , The Second Hague Conference in 1907 The Hague Conventions of 1899 and 1907 are a series of international treaties A treaty is a formal legally binding written agreement between actors in international law. It is usually entered into by sov ...
of 1899. Initiated by Russian Czar
Nicholas II Nicholas II or Nikolai II Alexandrovich Romanov . ( 186817 July 1918), known in the Russian Orthodox Church as Saint Nicholas the Passion-Bearer, . was the last Emperor of All Russia, ruling from 1 November 1894 until Abdication of Nicholas II ...

Nicholas II
, the conference involved all the world's major powers, as well as several smaller states, and resulted in the first
multilateral treatiesMultilateral may refer to: * Multilateralism * Multilateration * Flea flicker (American football) {{disambig ...
concerned with the conduct of warfare. Among these was the ''Convention for the Pacific Settlement of International Disputes'', which set forth the institutional and procedural framework for arbitral proceedings, which would take place in
The Hague, Netherlands The Hague (; nl, Den Haag or ) is a city A city is a large human settlement.Goodall, B. (1987) ''The Penguin Dictionary of Human Geography''. London: Penguin.Kuper, A. and Kuper, J., eds (1996) ''The Social Science Encyclopedia''. 2nd editi ...

The Hague, Netherlands
. Although the proceedings would be supported by a permanent bureau—whose functions would be equivalent to that of a secretariat or court registry—the arbitrators would be appointed by the disputing states from a larger pool provided by each member of the convention. The PCA was established in 1900 and began proceedings in 1902. A
second Hague Peace Conference , The Second Hague Conference in 1907 The Hague Conventions of 1899 and 1907 are a series of international treaties A treaty is a formal legally binding written agreement between actors in international law. It is usually entered into by sov ...
in 1907, which involved most of the world's
sovereign states A sovereign state is a political entity A polity is an identifiable political entity—any group of people who have a collective identity, who are organized by some form of Institutionalisation, institutionalized social relation, social relation ...

sovereign states
, revised the convention and enhanced the rules governing arbitral proceedings before the PCA. During this conference, the United States, Great Britain and Germany submitted a joint proposal for a permanent court whose judges would serve full-time. As the delegates could not agree as to how the judges would be selected, the matter was temporarily shelved pending an agreement to be adopted at a later convention. The Hague Peace Conferences, and the ideas that emerged therefrom, influenced the creation of the
Central American Court of Justice The Central American Integration System ( es, Sistema de la Integración Centroamericana, or SICA) has been the economic and political organization of Central America Central America ( es, América Central, , ''Centroamérica'' ) is a region ...
, which was established in 1908 as one of the earliest regional judicial bodies. Various plans and proposals were made between 1911 and 1919 for the establishment of an international judicial tribunal, which would not be realized into the formation of a new international system following the
First World War World War I, often abbreviated as WWI or WW1, also known as the First World War or the Great War, was a that began on 28 July 1914 and ended on 11 November 1918. It involved much of , as well as , the and , and was also fought ...
.


The Permanent Court of International Justice

The unprecedented bloodshed of the First World War led to the creation of the
League of Nations The League of Nations, abbreviated as LON (french: Société des Nations , abbreviated as SDN or SdN), was the first worldwide Intergovernmental organization, intergovernmental organisation whose principal mission was to maintain world peace. ...
, established by the Paris Peace Conference of 1919 as the first worldwide
intergovernmental organization An intergovernmental organization (IGO) is an organization composed primarily of sovereign states (referred to as ''member states''), or of other organizations through formal treaties for handling/serving common interests and governed by interna ...
aimed at maintaining peace and collective security. Article 14 League's
Covenant Covenant may refer to: Religion * Covenant (religion) In religion, a covenant is a formal alliance or agreement made by God with a religious community or with humanity in general. The concept, central to the Abrahamic religions The Abraha ...
called for the establishment of a Permanent Court of International Justice (PCIJ), which would be responsible for adjudicating any international dispute submitted to it by the contesting parties, as well as to provide an advisory opinion upon any dispute or question referred to it by the League of Nations. In December 1920, following several drafts and debates, the Assembly of the League unanimously adopted the Statute of the PCIJ, which was signed and ratified the following year by a majority of members. Among other things, the new Statute resolved the contentious issues of selecting judges by providing that the judges be elected by both the Council and the Assembly of the League concurrently but independently. The makeup of the PCIJ would reflect the "main forms of civilization and the principal legal systems of the world". The PCIJ would be permanently placed at the
Peace Palace , native_name_lang = , logo = , logo_size = , logo_alt = , logo_caption = , image = La haye palais paix jardin face.JPG , image_size = , image_alt = , image_caption = The Peace Palace, The Hague , map_type = , map_alt = , ma ...

Peace Palace
in The Hague, alongside Permanent Court of Arbitration. The PCIJ represented a major innovation in international jurisprudence in several ways: * Unlike previous international arbitral tribunals, it was a permanent body governed by its own statutory provisions and rules of procedure * It had a permanent registry that served as a liaison with governments and international bodies; * Its proceedings were largely public, including pleadings, oral arguments, and all documentary evidence; * It was accessible to all states and could be declared by states to have compulsory jurisdiction over disputes; * The PCIJ Statute was the first to list sources of law it would draw upon, which in turn became sources of international law * Judges were more representative of the world and its legal systems than any prior international judicial body. * As a permanent body, the PCIJ would, over time, make a series decisions and rulings that would develop international law Unlike the ICJ, the PCIJ was not part of the League, nor were members of the League automatically a party to its Statute. The United States, which played a key role in both the second Hague Peace Conference and the Paris Peace Conference, was notably not a member of the League, although several of its nationals served as judges of the Court. From its first session in 1922 until 1940, the PCIJ dealt with 29 interstate disputes and issued 27 advisory opinions. The Court's widespread acceptance was reflected by the fact that several hundred international treaties and agreements conferred jurisdiction upon it over specified categories of disputes. In addition to helping resolve several serious international disputes, the PCIJ helped clarify several ambiguities in international law that contributed to its development. The United States played a major role in setting up the World Court but never joined. Presidents Wilson, Harding, Coolidge, Hoover and Roosevelt all supported membership, but it was impossible to get a 2/3 majority in the Senate for a treaty.


Establishment of the International Court of Justice

Following a peak of activity in 1933, the PCIJ began to decline in its activities due to the growing international tension and isolationism that characterized the era. The
Second World War World War II or the Second World War, often abbreviated as WWII or WW2, was a that lasted from 1939 to 1945. It involved —including all of the great powers—forming two opposing s: the and the . In a total war directly involving m ...
effectively put an end to the Court, which held its last public session in December 1939 and issued its last orders in February 1940. In 1942 the United States and United Kingdom jointly declared support for establishing or re-establishing an international court after the war, and in 1943, the U.K. chaired a panel of jurists from around the world, the "Inter-Allied Committee", to discuss the matter. Its 1944 report recommended that: * The statute of any new international court should be based on that of the PCIJ; * The new court should retain an advisory jurisdiction; * Acceptance of the new court's jurisdiction should be voluntary; * The court should deal only with judicial and not political matters Several months later, a conference of the major Allied Powers—China, the USSR, the U.K., and the U.S.—issued a joint declaration recognizing the necessity "of establishing at the earliest practicable date a general international organization, based on the principle of the sovereign equality of all peace-loving States, and open to membership by all such States, large and small, for the maintenance of international peace and security". The following Allied conference at
Dumbarton Oaks Dumbarton Oaks is a historic estate in the GeorgetownGeorgetown or George Town may refer to: Places Africa *George, Western Cape, South Africa, formerly known as Georgetown *Janjanbureh, Gambia, formerly known as Georgetown *Georgetown, ...
, in the United States, published a proposal in October 1944 that called for the establishment of an intergovernmental organization that would include an international court. A meeting was subsequently convened in Washington, D.C. in April 1945, involving 44 jurists from around the world to draft a statute for the proposed court. The draft statute was substantially similar to that of the PCIJ, and it was questioned whether a new court should even be created. During the
San Francisco Conference The United Nations Conference on International Organization (UNCIO), commonly known as the San Francisco Conference, was a convention of delegates from 50 Allied nations that took place from 25 April 1945 to 26 June 1945 in San Francisco ...
, which took place from 25 April to 26 June 1945 and involved 50 countries, it was decided that an entirely new court should be established as a principal organ of the new United Nations. The statute of this court would form an integral part of the
United Nations Charter The Charter of the United Nations (also known as the UN Charter) is the foundational treaty A treaty is a formal, legally binding written agreement between actors in international law International law, also known as public internation ...

United Nations Charter
, which, to maintain continuity, expressly held that the Statute of the International Court of Justice (ICJ) was based upon that of the PCIJ. Consequently, the PCIJ convened for the last time in October 1945 and resolved to transfer its archives to its successor, which would take its place at the Peace Palace. The judges of the PCIJ all resigned on 31 January 1946, with the election of the first members of the ICJ taking place the following February at the First Session of the United Nations General Assembly and Security Council. In April 1946, the PCIJ was formally dissolved, and the ICJ, in its first meeting, elected as President José Gustavo Guerrero of El Salvador, who had served as the last President of the PCIJ. The Court also appointed members of its Registry, drawn largely from that of the PCIJ, and held an inaugural public sitting later that month. The first case was submitted in May 1947 by the United Kingdom against Albania concerning incidents in the Corfu Channel.


Activities

Established in 1945 by the
UN Charter The Charter of the United Nations (also known as the UN Charter) is the foundational treaty A treaty is a formal, legally binding written agreement between actors in international law International law, also known as public internation ...

UN Charter
, the court began work in 1946 as the successor to the
Permanent Court of International Justice 300px, The Peace Palace in The Hague, Netherlands, home to the Permanent Court of International Justice The Permanent Court of International Justice, often called the World Court, existed from 1922 to 1946. It was an international court attached ...
. The
Statute of the International Court of JusticeThe Statute of the International Court of Justice is an integral part of the United Nations Charter, as specified by Chapter XIV of the United Nations Charter, which established the International Court of Justice. Structure The Statute is div ...
, similar to that of its predecessor, is the main constitutional document constituting and regulating the court. The court's workload covers a wide range of judicial activity. After the court ruled that the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

United States
's covert war against
Nicaragua Nicaragua (; ), officially the Republic of Nicaragua (), is the largest Sovereign state, country in the Central American isthmus, bordered by Honduras to the northwest, the Caribbean Sea, Caribbean to the east, Costa Rica to the south, and th ...

Nicaragua
was in violation of international law ('' Nicaragua v. United States''), the United States withdrew from compulsory jurisdiction in 1986 to accept the court's jurisdiction only on a discretionary basis. Chapter XIV of the United Nations Charter authorizes the
UN Security Council The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations The United Nations (UN) is an intergovernmental organization that aims to maintain international peace and international security, se ...

UN Security Council
to enforce Court rulings. However, such enforcement is subject to the veto power of the five permanent members of the council, which the United States used in the ''Nicaragua'' case.


Composition

The ICJ is composed of fifteen judges elected to nine-year terms by the
UN General Assembly The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policy-making, and representative organ of the UN. I ...
and the
UN Security Council The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations The United Nations (UN) is an intergovernmental organization that aims to maintain international peace and international security, se ...

UN Security Council
from a list of people nominated by the national groups in the
Permanent Court of Arbitration The Permanent Court of Arbitration (PCA) is an intergovernmental organization located in The Hague The Hague (; nl, Den Haag or ) is a List of cities in the Netherlands by province, city and Municipalities of the Netherlands, municipality ...
. The election process is set out in Articles 4–19 of the ICJ Statute. Elections are staggered, with five judges elected every three years to ensure continuity within the court. Should a judge die in office, the practice has generally been to elect a judge in a special election to complete the term. Judges of the International Court of Justice are entitled to the style of His/Her Excellency. No two judges may be nationals of the same country. According to Article 9, the membership of the court is supposed to represent the "main forms of civilization and of the principal legal systems of the world". That has meant
common law In law, common law (also known as judicial precedent or judge-made law, or case law Case law is the collection of past legal decisions written by courts and similar tribunal A tribunal, generally, is any person or institution with authority ...
,
civil law Civil law may refer to: * Civil law (common law) Civil law is a major branch of the law.Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the law of the United ...
and
socialist law Socialist law or Soviet law denotes a general type of legal system The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. Howe ...
(now post-communist law). There is an informal understanding that the seats will be distributed by geographic regions so that there are five seats for Western countries, three for
African states
African states
(including one judge of
francophone This article details the geographical distribution of speakers of the French language French ( or ) is a Romance language The Romance languages, less commonly Latin or Neo-Latin languages, are the modern languages that evolved from ...
civil law, one of Anglophone common law and one Arab), two for Eastern European states, three for Asian states and two for Latin American and Caribbean states. For most of the court's history, the five permanent members of the
United Nations Security Council The United Nations Security Council (UNSC) is one of the Organs of the United Nations, six principal organs of the United Nations (UN), charged with ensuring international security, international peace and security, recommending the admission ...

United Nations Security Council
(France, USSR, China, the United Kingdom, and the United States) have always had a judge serving, thereby occupying three of the Western seats, one of the Asian seats and one of the Eastern European seats. Exceptions have been China not having a judge on the court from 1967 to 1985, during which time it did not put forward a candidate, and British judge Sir Christopher Greenwood being withdrawn as a candidate for election for a second nine-year term on the bench in 2017, leaving no judges from the United Kingdom on the court. Greenwood had been supported by the UN Security Council but failed to get a majority in the UN General Assembly. Indian judge Dalveer Bhandari instead took the seat. Article 6 of the Statute provides that all judges should be "elected regardless of their nationality among persons of high moral character" who are either qualified for the highest judicial office in their home states or known as lawyers with sufficient competence in international law. Judicial independence is dealt with specifically in Articles 16–18. Judges of the ICJ are not able to hold any other post or act as counsel. In practice, members of the court have their own interpretation of these rules and allow them to be involved in outside arbitration and hold professional posts as long as there is no conflict of interest. A judge can be dismissed only by a unanimous vote of the other members of the court. Despite these provisions, the independence of ICJ judges has been questioned. For example, during the ''Nicaragua'' case, the United States issued a communiqué suggesting that it could not present sensitive material to the court because of the presence of judges from the Soviet bloc.''Case Concerning Military and Paramilitary Activities in and Against Nicaragua'' (Nicaragua v USA), 986ICJ Reports 14, 158–60 (Merits) per Judge Lachs. Judges may deliver joint judgments or give their own separate opinions. Decisions and advisory opinions are by majority, and, in the event of an equal division, the President's vote becomes decisive, which occurred in the ''Legality of the Use by a State of Nuclear Weapons in Armed Conflict'' (Opinion requested by WHO),
996 Year 996 ( CMXCVI) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar The Julian calendar, proposed by Julius Caesar in , was a reform of the Roman calendar. It took effect on , by edict. It w ...
ICJ Reports 66. Judges may also deliver separate dissenting opinions.


''Ad hoc'' judges

Article 31 of the statute sets out a procedure whereby ''
ad hoc Ad hoc is a Latin phrase __NOTOC__ This is a list of Wikipedia articles of Latin phrases and their translation into English. To view all phrases on a single, lengthy document, see: * List of Latin phrases (full) The list also is divided alpha ...

ad hoc
'' judges sit on contentious cases before the court. The system allows any party to a contentious case (if it otherwise does not have one of that party's nationals sitting on the court) to select one additional person to sit as a judge on that case only. It is thus possible that as many as seventeen judges may sit on one case. The system may seem strange when compared with domestic court processes, but its purpose is to encourage states to submit cases. For example, if a state knows that it will have a judicial officer who can participate in deliberation and offer other judges local knowledge and an understanding of the state's perspective, it may be more willing to submit to the jurisdiction of the court. Although this system does not sit well with the judicial nature of the body, it is usually of little practical consequence. ''Ad hoc'' judges usually (but not always) vote in favour of the state that appointed them and thus cancel each other out.


Chambers

Generally, the court sits as full bench, but in the last fifteen years, it has on occasion sat as a chamber. Articles 26–29 of the statute allow the court to form smaller chambers, usually 3 or 5 judges, to hear cases. Two types of chambers are contemplated by Article 26: firstly, chambers for special categories of cases, and second, the formation of ''ad hoc'' chambers to hear particular disputes. In 1993, a special chamber was established, under Article 26(1) of the ICJ statute, to deal specifically with environmental matters (although it has never been used). ''Ad hoc'' chambers are more frequently convened. For example, chambers were used to hear the ''Gulf of Maine Case'' (Canada/US). In that case, the parties made clear they would withdraw the case unless the court appointed judges to the chamber acceptable to the parties. Judgments of chambers may have either less authority than full Court judgments or diminish the proper interpretation of universal international law informed by a variety of cultural and legal perspectives. On the other hand, the use of chambers might encourage greater recourse to the court and thus enhance international
dispute resolution Dispute resolution or dispute settlement is the process of resolving disputes between parties Image:'Hip, Hip, Hurrah! Artist Festival at Skagen', by Peder Severin Krøyer (1888) Demisted with DXO PhotoLab Clearview; cropped away black borde ...
.Schwebel S "Ad Hoc Chambers of the International Court of Justice" (1987) 81 ''American Journal of International Law'' 831.


Current composition

, the composition of the court is as follows:


Presidents


Jurisdiction

As stated in Article 93 of the UN Charter, all UN members are automatically
parties Image:'Hip, Hip, Hurrah! Artist Festival at Skagen', by Peder Severin Krøyer (1888) Demisted with DXO PhotoLab Clearview; cropped away black border edge.jpg, 300px, ''Hip, Hip, Hurrah!'' (1888) by Peder Severin Krøyer, a painting portraying an ...
to the court's statute. Non-UN members may also become parties to the court's statute under the Article 93(2) procedure, which was used by Switzerland in 1948 and Nauru in 1988, prior to either joining the UN. Once a state is a party to the court's statute, it is entitled to participate in cases before the court. However, being a party to the statute does not automatically give the court jurisdiction over disputes involving those parties. The issue of
jurisdiction Jurisdiction (from Latin Latin (, or , ) is a classical language A classical language is a language A language is a structured system of communication Communication (from Latin ''communicare'', meaning "to share" or "to be i ...
is considered in the three types of ICJ cases: contentious issues, incidental jurisdiction, and advisory opinions.


Contentious issues

In contentious cases (adversarial proceedings seeking to settle a dispute), the ICJ produces a binding ruling between states that agree to submit to the ruling of the court. Only
states State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * The State (newspaper), ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, Un ...
may be parties in contentious cases; individuals, corporations, component parts of a federal state, NGOs, UN organs, and
self-determination The right of a people A people is any plurality of person A person (plural people or persons) is a being that has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a cultu ...
groups are excluded from direct participation, although the court may receive information from public
international organization An international organization (also known as an international institution or intergovernmental organization) is a stable set of norms and rules meant to govern the behavior of states and other actors in the international system. Organizations ...
s. However, this does not preclude non-state interests from being the subject of proceedings; for example, a state may bring a case on behalf of one of its nationals or corporations, such as in matters concerning diplomatic protection. Jurisdiction is often a in contentious cases. The key principle is that the ICJ has jurisdiction only on the basis of consent. Under Article 36, there are four foundations for the Court's jurisdiction: # ''Compromis'' or "special agreement", in which parties provide explicit consent to the Court's jurisdiction by referring cases to it. While not true compulsory jurisdiction, this is perhaps the most effective jurisdictional basis, because the parties concerned have a desire for the dispute to be resolved by the Court, and are thus more likely to comply with the Court's judgment. # Compromissory clauses in a binding treaty. Most modern
treaties A treaty is a formal, legally binding written agreement between actors in international law International law, also known as public international law and law of nations, is the set of rules, norms, and standards generally accepted in relati ...

treaties
contain such clauses to provide or dispute resolution by the ICJ. Cases founded on compromissory clauses have not been as effective as cases founded on special agreement, since a state may have no interest in having the matter examined by the Court and may refuse to comply with a judgment. For example, during the
Iran hostage crisis On November 4, 1979, 52 United States diplomats and citizens were held hostage after a group of militarized Iranian Iranian may refer to: * Iran Iran ( fa, ایران ), also called Persia and officially the Islamic Republic of Iran ...
, Iran refused to participate in a case brought by the US based on a compromissory clause contained in the
Vienna Convention on Diplomatic Relations The Vienna Convention on Diplomatic Relations of 1961 is an international treaty A treaty is a formal, legally binding written agreement between actors in international law International law, also known as public international law and law ...

Vienna Convention on Diplomatic Relations
and did not comply with the judgment. Since the 1970s, the use of such clauses has declined; many modern treaties set out their own dispute resolution regime, often based on forms of
arbitration upright=1.5, The London Court of International Arbitration Arbitration, a form of alternative dispute resolution Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolu ...
. # Optional clause declarations accepting the court's jurisdiction. Also known as Article 36(2) jurisdiction, it is sometimes misleadingly labeled "compulsory", though such declarations are voluntary. Many such declarations contain reservations that exclude from jurisdiction certain types of disputes (''ratione materia''). The principle of
reciprocity Reciprocity may refer to: Law and trade * Reciprocity (Canadian politics), free trade with the United States of America ** Reciprocal trade agreement, entered into in order to reduce (or eliminate) tariffs, quotas and other trade restrictions on ...
may further limit jurisdiction, as Article 36(2) holds that such declaration may be made "in relation to any other State accepting the same obligation...". As of January 2018, seventy-four states had a declaration in force, up from sixty-six in February 2011; of the permanent Security Council members, only the United Kingdom has a declaration. In the court's early years, most declarations were made by industrialized countries. Since the 1986 ''
Nicaragua Nicaragua (; ), officially the Republic of Nicaragua (), is the largest Sovereign state, country in the Central American isthmus, bordered by Honduras to the northwest, the Caribbean Sea, Caribbean to the east, Costa Rica to the south, and th ...
'' case, declarations made by developing countries have increased, reflecting a growing confidence in the Court. However, even those industrialized countries that have invoked optional declarations have sometimes increased exclusions or rescinded them altogether. Notable examples include the United States in the ''Nicaragua'' case, and Australia, which modified its declaration in 2002 to exclude disputes on
maritime boundaries A maritime boundary is a conceptual division of the Earth Earth is the third planet from the Sun and the only astronomical object known to harbor life. About 29% of Earth's surface is land consisting of continent A continent is ...
, most likely to prevent an impending challenge from East Timor, which gained independence two months later. # Article 36(5) provides for jurisdiction on the basis of declarations made under the Statute of the
Permanent Court of International Justice 300px, The Peace Palace in The Hague, Netherlands, home to the Permanent Court of International Justice The Permanent Court of International Justice, often called the World Court, existed from 1922 to 1946. It was an international court attached ...
. Article 37 similarly transfers jurisdiction under any compromissory clause in a treaty that gave jurisdiction to the PCIJ. Additionally, the court may have jurisdiction on the basis of tacit consent ('' forum prorogatum''). In the absence of clear jurisdiction under Article 36, jurisdiction is established if the respondent accepts ICJ jurisdiction explicitly or simply pleads on the merits. This arose in the 1949 Corfu Channel Case (U.K. v. Albania), in which the court held that a letter from Albania stating that it submitted to the jurisdiction of the ICJ was sufficient to grant the court jurisdiction.


Incidental jurisdiction

Until rendering a final judgment, the court has competence to order interim measures for the protection of the rights of a party to a dispute. One or both parties to a dispute may apply the ICJ for issuing interim measures. In the ''Frontier Dispute'' Case, both parties to the dispute,
Burkina Faso Burkina Faso (, ; ) is a landlocked country in West Africa that covers an area of around and is bordered by Mali to the northwest, Niger to the northeast, Benin to the southeast, Togo and Ghana to the south, and the Ivory Coast to the southwe ...

Burkina Faso
and
Mali Mali (; ), officially the Republic of Mali (french: République du Mali; bm, ߡߊߟߌ ߞߊ ߝߊߛߏߖߊߡߊߣߊ, Mali ka Fasojamana, ff, 𞤈𞤫𞤲𞥆𞤣𞤢𞥄𞤲𞤣𞤭 𞤃𞤢𞥄𞤤𞤭, Renndaandi Maali, ar, جمهورية م ...

Mali
, submitted an application to the court to indicate interim measures. Incidental jurisdiction of the court derives from the Article 41 of the Statute of it. Such as the final judgment, the order for interim measures of the court are binding on state parties to the dispute. The ICJ has competence to indicate interim measures only if the ''
prima facie ''Prima facie'' (; ) is a Latin expression meaning ''at first sight'' or ''based on first impression''. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of ''primus'' ('first') and ''facies'' (' ...
'' jurisdiction is satisfied.


Advisory opinions

An advisory opinion is a function of the court open only to specified United Nations bodies and agencies. The UN Charter grants the General Assembly or the Security Council a power to request the court to issue an advisory opinion on any legal question. Other organs of the UN rather than GA and SC may not request an advisory opinion of the ICJ unless the General Assembly authorizes them. Other organs of the UN only request an advisory opinion of the court regarding the matters falling into the scope of their activities. On receiving a request, the court decides which states and organizations might provide useful information and gives them an opportunity to present written or oral statements. Advisory opinions were intended as a means by which UN agencies could seek the court's help in deciding complex legal issues that might fall under their respective mandates. In principle, the court's advisory opinions are only consultative in character but they are influential and widely respected. Certain instruments or regulations can provide in advance that the advisory opinion shall be specifically binding on particular agencies or states, but inherently, they are non-binding under the Statute of the Court. This non-binding character does not mean that advisory opinions are without legal effect, because the legal reasoning embodied in them reflects the court's authoritative views on important issues of international law. In arriving at them, the court follows essentially the same rules and procedures that govern its binding judgments delivered in contentious cases submitted to it by sovereign states. An advisory opinion derives its status and authority from the fact that it is the official pronouncement of the principal judicial organ of the United Nations. Advisory opinions have often been controversial because the questions asked are controversial or the case was pursued as an indirect way of bringing what is really a contentious case before the court. Examples of advisory opinions can be found in the section advisory opinions in the
List of International Court of Justice cases The list of International Court of Justice cases includes contentious cases and advisory opinions brought to the International Court of Justice since its creation in 1946. Forming a key part of international law, 177 cases have been entered onto t ...
article. One such well-known advisory opinion is the '' Nuclear Weapons Case''.


Examples of contentious cases

* A complaint by the United States in 1980 that Iran was detaining American diplomats in
Tehran Tehran (; fa, تهران ) is the Capital city, capital of Iran and Tehran Province. With a population of around 8.7 million in the city and 15 million in the larger metropolitan area of Greater Tehran, Tehran is the List of largest cities o ...

Tehran
in violation of international law. * A dispute between Tunisia and Libya over the
delimitation Boundary delimitation (or simply delimitation) is the drawing of boundaries, particularly of electoral precincts, states, counties or other municipalities.
of the continental shelf between them. * A complaint by Iran after the shooting down of
Iran Air Flight 655 Iran Air Flight 655 was a scheduled passenger flight from Tehran Tehran (; fa, تهران ) is the Capital city, capital of Iran and Tehran Province. With a population of around 8.7 million in the city and 15 million in the larger metrop ...
by a
United States Navy ), (unofficial)."''Non sibi sed patriae''" ( en, "Not for self but for country") (unofficial). , colors = Blue and gold  , colors_label = Colors , march = "Anchors Aweigh" , mascot = , equipment = List of equipment of the United St ...
guided missile cruiser. * A dispute over the course of the maritime boundary dividing the U.S. and Canada in the
Gulf of Maine , image = , alt = , caption = , image_bathymetry = GulfofMaine2.jpg , alt_bathymetry = , caption_bathymetry = Major features of the Gulf of Maine , location = Northeast coast of the ...
area. * A complaint by the
Federal Republic of Yugoslavia The Federal Republic of Yugoslavia, known as FR Yugoslavia or simply Yugoslavia, was a country in the that existed from 1992 to 2003, following the of the . The Federal Republic of Yugoslavia comprised the and the . In February 2003, FR Yu ...
against the member states of the
North Atlantic Treaty Organization The North Atlantic Treaty Organization (NATO, ; french: Organisation du traité de l'Atlantique nord, ), also called the North Atlantic Alliance, is an intergovernmental military alliance between 30 European and North American countries. Th ...
regarding their actions in the
Kosovo War The Kosovo War was an armed conflict in Kosovo Kosovo, or ; sr-Cyrl, Косово officially the Republic of Kosovo,; sr, / is a partially recognised state in Southeast Europe Southeast Europe or Southeastern Europe () i ...
. This was denied on 15 December 2004 because of lack of jurisdiction, the FRY not being a party to the ICJ statute at the time it made the application. * A complaint by the Republic of North Macedonia (former Yugoslav Republic of Macedonia) that Greece's vetoing of its accession to
NATO The North Atlantic Treaty Organization (NATO, ; french: Organisation du traité de l'Atlantique nord, ), also called the North Atlantic Alliance, is an intergovernmental military alliance A military alliance is a formal agreement betwe ...
violates the Interim Accord of 13 September 1995 between the two countries. The complaint was decided in favour of
North Macedonia North Macedonia, ; sq, Maqedonia e Veriut, (Macedonia before February 2019), officially the Republic of North Macedonia,, is a country in Southeast Europe Southeast Europe or Southeastern Europe () is a geographical subregion A sub ...
on 5 December 2011. *A complaint by the
Democratic Republic of the Congo The Democratic Republic of the Congo ( french: République démocratique du Congo (RDC) ), also known as Congo-Kinshasa, DR Congo, the DRC, the DROC, or the Congo, and formerly Zaire Zaire (, ), officially the Republic of Zaire (frenc ...

Democratic Republic of the Congo
that its sovereignty had been violated by
Uganda Uganda (Ugandan Languages: Yuganda), officially the Republic of Uganda ( sw, Jamhuri ya Uganda), is a landlocked A landlocked country is a country that does not have territory connected to an ocean or whose coastlines lie on endorheic ba ...

Uganda
and that the DRC had lost billions of dollars worth of resources was decided in favour of the DRC. * A complaint by the
Republic of India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...
regarding a death penalty verdict against an Indian citizen,
Kulbhushan Jadhav Kulbhushan Sudhir Jadhav (also spelled Kulbhushan Yadav, alleged alias Hussain Mubarak Patel) (born 16 April 1970) is an Indian national. It is alleged by the Pakistani government that he was arrested in the Pakistani province of Balochistan, P ...
, by a Pakistani military court (based alleged espionage and subversive activities).


Relationship with UN Security Council

Article 94 establishes the duty of all UN members to comply with decisions of the court involving them. If parties do not comply, the issue may be taken before the Security Council for enforcement action. There are obvious problems with such a method of enforcement. If the judgment is against one of the permanent five members of the Security Council or its allies, any resolution on enforcement would then be vetoed. That occurred, for example, after the ''Nicaragua'' case, when Nicaragua brought the issue of the United States' noncompliance with the court's decision before the Security Council. Furthermore, if the Security Council refuses to enforce a judgment against any other state, there is no method of forcing the state to comply. Furthermore, the most effective form to take action for the Security Council, coercive action under
Chapter VII of the United Nations Charter Chapter VII of the United Nations The United Nations (UN) is an intergovernmental organization aiming to maintain international peace and international security, security, develop friendly relations among nations, achieve international co ...
, can be justified only if international peace and security are at stake. The Security Council has never done that so far. The relationship between the ICJ and the
Security Council The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations The United Nations (UN) is an intergovernmental organization that aims to maintain international peace and international security, sec ...
, and the separation of their powers, was considered by the court in 1992 in the ''Pan Am'' case. The court had to consider an application from Libya for the order of provisional measures of protection to safeguard its rights, which, it alleged, were being infringed by the threat of economic sanctions by the United Kingdom and United States. The problem was that these sanctions had been authorized by the Security Council, which resulted in a potential conflict between the Chapter VII functions of the Security Council and the judicial function of the court. The court decided, by eleven votes to five, that it could not order the requested provisional measures because the rights claimed by Libya, even if legitimate under the
Montreal Convention The Montreal Convention (formally, the Convention for the Unification of Certain Rules for International Carriage by Air) is a multilateral treatyMultilateral may refer to: * Multilateralism * Multilateration * Flea flicker (American football) ...
, could not be ''
prima facie ''Prima facie'' (; ) is a Latin expression meaning ''at first sight'' or ''based on first impression''. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of ''primus'' ('first') and ''facies'' (' ...
'' regarded as appropriate since the action was ordered by the Security Council. In accordance with Article 103 of the UN Charter, obligations under the Charter took precedence over other treaty obligations. Nevertheless, the court declared the application admissible in 1998. A decision on the merits has not been given since the parties (United Kingdom, United States, and Libya) settled the case out of court in 2003. There was a marked reluctance on the part of a majority of the court to become involved in a dispute in such a way as to bring it potentially into conflict with the council. The court stated in the ''Nicaragua'' case that there is no necessary inconsistency between action by the Security Council and adjudication by the ICJ. However, when there is room for conflict, the balance appears to be in favour of the Security Council. Should either party fail "to perform the obligations incumbent upon it under a judgment rendered by the Court", the Security Council may be called upon to "make recommendations or decide upon measures" if the Security Council deems such actions necessary. In practice, the court's powers have been limited by the unwillingness of the losing party to abide by the court's ruling and by the Security Council's unwillingness to impose consequences. However, in theory, "so far as the parties to the case are concerned, a judgment of the Court is binding, final and without appeal", and "by signing the Charter, a State Member of the United Nations undertakes to comply with any decision of the International Court of Justice in a case to which it is a party." For example, the United States had previously accepted the court's compulsory jurisdiction upon its creation in 1946 but in 1984, after '' Nicaragua v. United States'', withdrew its acceptance following the court's judgment that called on the US to "cease and to refrain" from the "unlawful use of force" against the government of Nicaragua. The court ruled (with only the American judge dissenting) that the United States was "in breach of its obligation under the Treaty of Friendship with Nicaragua not to use force against Nicaragua" and ordered the United States to pay
war reparation War reparations are compensation payments made after a war by the vanquished to the victors. They are intended to cover Collateral damage, damage or injury inflicted during a war. Generally, the term ''war reparations'' refers to money or goods cha ...
s.


Law applied

When deciding cases, the court applies international law as summarized in Article 38 of the ICJ Statute, which provides that in arriving at its decisions the court shall apply international conventions, international custom and the "general principles of law recognized by civilized nations." It may also refer to academic writing ("the teachings of the most highly qualified publicists of the various nations") and previous judicial decisions to help interpret the law although the court is not formally bound by its previous decisions under the doctrine of
stare decisis A precedent is a principle or rule established in a previous legal case A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based ...
. Article 59 makes clear that the
common law In law, common law (also known as judicial precedent or judge-made law, or case law Case law is the collection of past legal decisions written by courts and similar tribunal A tribunal, generally, is any person or institution with authority ...
notion of
precedent A precedent is a principle or rule established in a previous legal case A legal case is in a general sense a dispute between opposing parties which may be resolved by a court A court is any person or institution, often as a government inst ...
or ''
stare decisis A precedent is a principle or rule established in a previous legal case A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based ...
'' does not apply to the decisions of the ICJ. The court's decision binds only the parties to that particular controversy. Under 38(1)(d), however, the court may consider its own previous decisions. If the parties agree, they may also grant the court the liberty to decide ''
ex aequo et bono ''Ex aequo et bono'' (Latin for "according to the right and good" or "from equity and conscience") is a List of legal Latin terms, Latin phrase that is used as a legal technical terminology, term of art. In the context of arbitration, it refers to ...
'' ("in justice and fairness"), granting the ICJ the freedom to make an equitable decision based on what is fair under the circumstances. That provision has not been used in the court's history. So far, the International Court of Justice has dealt with about 130 cases.


Procedure

The ICJ is vested with the power to make its own rules. Court procedure is set out in the ''Rules of Court of the International Court of Justice 1978'' (as amended on 29 September 2005). Cases before the ICJ will follow a standard pattern. The case is lodged by the applicant, which files a written memorial setting out the basis of the court's jurisdiction and the merits of its claim. The respondent may accept the court's jurisdiction and file its own memorial on the merits of the case.


Preliminary objections

A respondent that does not wish to submit to the jurisdiction of the court may raise preliminary objections. Any such objections must be ruled upon before the court can address the merits of the applicant's claim. Often, a separate public hearing is held on the preliminary objections and the court will render a judgment. Respondents normally file preliminary objections to the jurisdiction of the court and/or the admissibility of the case. Inadmissibility refers to a range of arguments about factors the court should take into account in deciding jurisdiction, such as the fact that the issue is not justiciable or that it is not a "legal dispute". In addition, objections may be made because all necessary parties are not before the court. If the case necessarily requires the court to rule on the rights and obligations of a state that has not consented to the court's jurisdiction, the court does not proceed to issue a judgment on the merits. If the court decides it has jurisdiction and the case is admissible, the respondent then is required to file a Memorial addressing the merits of the applicant's claim. Once all written arguments are filed, the court holds a public hearing on the merits. Once a case has been filed, any party (usually the applicant) may seek an order from the court to protect the ''status quo'' pending the hearing of the case. Such orders are known as Provisional (or Interim) Measures and are analogous to interlocutory
injunction An injunction is a legal Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment ...
s in
United States law The law of the United States comprises many levels of codified and uncodified forms of law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unif ...
. Article 41 of the statute allows the court to make such orders. The court must be satisfied to have ''
prima facie ''Prima facie'' (; ) is a Latin expression meaning ''at first sight'' or ''based on first impression''. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of ''primus'' ('first') and ''facies'' (' ...
'' jurisdiction to hear the merits of the case before it grants provisional measures.


Applications to intervene

In cases in which a third state's interests are affected, that state may be permitted to intervene in the case and participate as a full party. Under Article 62, a state "with an interest of a legal nature" may apply; however, it is within the court's discretion whether or not to allow the intervention. Intervention applications are rare, and the first successful application occurred only in 1991.


Judgment and remedies

Once deliberation has taken place, the court issues a majority opinion. Individual judges may issue concurring opinions (if they agree with the outcome reached in the judgment of the court but differ in their reasoning) or dissenting opinions (if they disagree with the majority). No appeal is possible, but any party may ask for the court to clarify if there is a dispute as to the meaning or scope of the court's judgment.


Criticisms

The International Court has been criticized with respect to its rulings, its procedures, and its authority. As with criticisms of the United Nations, many critics and opponents of the Court refer to the general authority assigned to the body by member states through its Charter, rather than to specific problems with the composition of judges or their rulings. Major criticisms include the following: * "Compulsory" jurisdiction is limited to cases where both parties have agreed to submit to its decision, and so instances of aggression tend to be automatically escalated to and adjudicated by the
Security Council The United Nations Security Council (UNSC) is one of the Organs of the United Nations, six principal organs of the United Nations (UN), charged with ensuring international security, international peace and security, recommending the admission ...

Security Council
. According to the sovereignty principle of international law, no nation is superior or inferior against another. Therefore, there is no entity that could force the states into practice of the law or punish the states in case any violation of international law occurs. Therefore, the absence of binding force means that the member states of the ICJ do not necessarily have to accept the jurisdiction. Moreover, membership in the UN and ICJ does not give the court automatic jurisdiction over the member states, but it is the consent of each state to follow the jurisdiction that matters. * The International Court of Justice cannot hear the cases of organizations, private enterprises, and individuals. Furthermore, UN agencies are unable to raise a case except in the circumstance of a non-binding advisory opinion. The national states are the only ones who are able to bring cases for and act as defendants for these individuals. As a result, victims of war crimes, crimes against humanity and minority groups may not have the support of their national state. * Other existing international thematic courts, such as the
ICC ICC may refer to: Buildings * International Commerce Centre, a skyscraper in Hong Kong * International Commercial Center, a skyscraper in Ulaanbaatar, Mongolia * International Convention Centre (disambiguation), any of several convention centers * ...

ICC
, are not under the umbrella of the International Court. Unlike ICJ, international thematic courts like ICC work independently from United Nations. Such dualistic structure between various international courts sometimes makes it hard for the courts to engage in effective and collective jurisdiction. * The International Court does not enjoy a full
separation of powers Separation of powers refers to the division of a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * The State (newspaper), ''The State'' ...
, with permanent members of the Security Council being able to veto enforcement of cases, even those to which they consented to be bound. Because the jurisdiction does not have binding force itself, in many cases, the instances of aggression are adjudicated by Security Council by adopting a resolution, etc. There is, therefore, a likelihood for the permanent member states of Security Council to avoid the legal responsibility brought up by International Court of Justice, as shown in the example of '' Nicaragua v. United States''. * The Court has been accused of judicial parsimony, with its rulings tending to dismiss submissions of parties on jurisdictional grounds and not resolving the underlying dispute between them.


See also

*
International Criminal Court The International Criminal Court (ICC or ICCt) is an intergovernmental organization An intergovernmental organization (IGO) is an organization composed primarily of sovereign states (referred to as ''member states''), or of other organizatio ...

International Criminal Court
*
International Criminal Tribunal for Rwanda The International Criminal Tribunal for Rwanda (ICTR; french: Tribunal pénal international pour le Rwanda; rw, Urukiko Mpanabyaha Mpuzamahanga Rwashyiriweho u Rwanda) was an international court established in November 1994 by the United Nation ...
*
International Criminal Tribunal for the former Yugoslavia The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations The United Nations (UN) is an intergovernmental organization aiming to maintain international peace and international security, secu ...
*
International Tribunal for the Law of the Sea 275px, ITLOS seen from Elbchaussee, close to the River Elbe ">Elbe.html" ;"title="Elbchaussee, close to the River Elbe">Elbchaussee, close to the River Elbe The International Tribunal for the Law of the Sea (ITLOS) is an intergovernmental organi ...
* List of treaties that confer jurisdiction on the International Court of Justice *
Provisional measure of protectionA provisional measure of protection is the term that the International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six princ ...
*
Supranational aspects of international organizationsMany international organizations also have Supranationalism, supranational aspects, meaning that decisions can be made by the organization as a whole that are binding on member states that disagree. Definition ''Political Unification Revisited: O ...
*
Universal jurisdiction Universal jurisdiction allows Sovereign state, states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of ...


References


Further reading

* Accinelli, R. D. "Peace Through Law: The United States and the World Court, 1923-1935". ''Historical Papers / Communications historiques'', 7#1 (1972) 247–261. . * Bowett, D W. The International court of justice : process, practice and procedure (British Institute of International and Comparative Law: London, 1997). * Dunne, Michael. "Isolationism of a Kind: Two Generations of World Court Historiography in the United States," ''Journal of American Studies'' (1987) 21#3 pp 327–351. * Kahn, Gilbert N. "Presidential Passivity on a Nonsalient Issue: President Franklin D. Roosevelt and the 1935 World Court Fight." ''Diplomatic History'' 4.2 (1980): 137–160. * Kolb, Robert
The International Court of Justice
(Hart Publishing: Oxford, 2013). * Patterson, David S. "The United States and the origins of the world court". ''Political Science Quarterly'' 91.2 (1976): 279–295. . * Rosenne, S., ''Rosenne's the world court: what it is and how it works'' (6th ed.). Leiden: Martinus Nijhoff, 2003. * Van Der Wolf W. & De Ruiter D., "The International Court of Justice: Facts and Documents About the History and Work of the Court" (''International Courts Association, 2011'') * * Yee, Sienho. "Article 38 of the ICJ Statute and Applicable Law: Selected Issues in Recent Cases", ''Journal of International Dispute Settlement'' 7 (2016), 472–498. * Zimmermann, Andreas; Christian Tomuschat, Karin Oellers-Frahm & Christian J. Tams (eds.), ''The Statute of the International Court of Justice: A Commentary'' (2nd. ed. October 2012, Oxford University Press).


External links


Official site

ICJ Multimedia Gallery
(photos, videos, webstreaming)
List of cases
ruled upon by the ICJ since its creation in 1946
Peace Palace Library - ICJ Research Guide


on th
United Nations AVL
summary of the procedural history, list of selected preparatory documents and audiovisual material related to the negotiations and adoption of the Statute. *
International Criminal Court The International Criminal Court (ICC or ICCt) is an intergovernmental organization An intergovernmental organization (IGO) is an organization composed primarily of sovereign states (referred to as ''member states''), or of other organizatio ...

International Criminal Court
: See also, a tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression
CIJ ICJ: International Court of Justice on Youtube


Lectures



Conference organized on the Occasion of the Centenary of the
Peace Palace , native_name_lang = , logo = , logo_size = , logo_alt = , logo_caption = , image = La haye palais paix jardin face.JPG , image_size = , image_alt = , image_caption = The Peace Palace, The Hague , map_type = , map_alt = , ma ...

Peace Palace

Lecture
by
Awn Shawkat Al-Khasawneh Awn Shawkat Al-Khasawneh ( ar, عون الخصاونة) (born 22 February 1950) was the prime minister of Jordan from October 2011 to April 2012. He was also formerly a judge of the International Court of Justice. Early life and education Al-Khas ...
entitled "Reflections on the Jurisdiction of the International Court of Justice" in th
Lecture Series of the United Nations Audiovisual Library of International Law


by
Mohamed Bennouna Mohamed Bennouna ( ar, محمد بنونة; born 29 April 1943 in Marrakech, Morocco) is a Moroccan diplomat and jurist. He worked as a professor at the Mohammed V University, as a permanent representative of his native country at the United Nation ...
entitled "La Cour internationale de Justice, juge des souverainetés?" in th
Lecture Series of the United Nations Audiovisual Library of International Law


by Philippe Couvreur entitled "La Cour internationale de Justice" in th
Lecture Series of the United Nations Audiovisual Library of International Law


entitled "The International Court of Justice as the Principal Judicial Organ of the United Nations" in th

* ttps://legal.un.org/avl/ls/Kawano_CT.html Lecture by Mariko Kawanoentitled "Some Salient Features of the Contemporary International Disputes in the Precedents of the International Court of Justice" in th
Lecture Series of the United Nations Audiovisual Library of International Law


entitled "International Court of Justice and Disputes Involving the Interests of Third Parties to the Proceedings or the Common Interests of the International Community as a Whole or of the Community Established by a Convention" in th

* ttps://legal.un.org/avl/ls/McWhinney_CT.html Lectureby Edward McWhinney entitled "Judicial Activism and the International Court of Justice" in th
Lecture Series of the United Nations Audiovisual Library of International Law


by Alain Pellet entitled "Conseil devant la Cour internationale de Justice" in th
Lecture Series of the United Nations Audiovisual Library of International Law


by Jiuyong Shi entitled "The Present and Future Role of the International Court of Justice in the Peaceful Settlement of International Disputes" in th
Lecture Series of the United Nations Audiovisual Library of International Law
{{Authority control Articles containing video clips Courts and tribunals established in 1945 Netherlands and the United Nations Organisations based in The Hague Peace organizations United Nations courts and tribunals United Nations organs