KELOMPOK 1

Nama Anggota:
1. Tasha Zhafira Fabraski (2018 0500 0151)
2. Gabriella Putri Rondonuwu (2018 0500 0108)
3. Nanda Setiawan (2020 0500 0159)
4. Samuel Darryl Waskita (2020 0500 0233)
5. Jefrianus Raga Koten (2020 0551 0043)

STATUTE OF THE INTERNATIONAL COURT OF JUSTICE TABLE OF CONTENTS

ORGANIZATION OF THE COURT

Article 38 paragraph (1) of the Status of the International Court of Justice is commonly
known as an article which is officially a source of formal law rather than international law. As a
source of law in a formal sense, international custom must fulfill the elements as formulated in
article 38 paragraph (1), "International custom as evidence of general." and it is the international
court that regulates these rules.

The International Court of Justice is one of the UN equipment bodies based in The Hag
(Netherlands). Its members consist of eminent legal experts, namely 15 judges who are selected
from 15 countries based on their legal prowess and their term of office is 9 years.

The Court is made up of fifteen judges, who are known as “members” of the court. They
are elected by the general assembly and security council which hold separate ballots. Judges are
selected on the basis of their competence, not on the basis of nationality but endeavors to ensure
that the most important legal systems in the world are represented by the courts. No two judges
are citizens of the same country. Judges hold office for a term of nine years and may be re-
elected; they cannot hold another office during their term. All issues are decided according to an
advantage of the judges present, and the number nine constitutes the quorum. In the event of a
tie, the chairman of the court has a decisive vote.

The Court comprises 15 seats. When the original fifteen judges were elected in 1946,
they drew lots to determine which five would have 3-year initial terms, which five would have 6-
year initial terms, and which five would have 9-year initial terms. From then onwards, all terms
have been nine years, with five seats being up for election every three years. The seats are
numbered according to the length of the initial term and then in order of seniority of the first
judge to hold the seat.

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.

The International Convention (Statute of the International Court of Justice, Article 38, no. 1a)
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
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, 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, 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, which, to maintain continuity, expressly held that the Statute of
the International Court of Justice (ICJ) was based upon that of the PCIJ.

Article 38 ICJ No. 1A Samuel Darryl Waskita. International conventions are treaties
entered into by two or more countries. International conventions can apply because they usually
contain the rules agreed upon by the contracting countries. If the countries that enter into the
agreement submit a case to an international court, then the international agreement can be used
because it contains strict rules that have been agreed upon by the participating countries.

Why are international treaties said to be the main source of international law? In the
practice, every international agreement that has been produced through the stages of forming an
international agreement basically has binding power to the participating countries, because the
international agreement becomes a source of law in case of problems between countries.

Reference
Elsam. 24 Oktober 2014. International Criminal Court. Taken From:
https://referensi.elsam.or.id/tag/icc/
International Court of Justice. Wikipedia. Taken From:
https://en.wikipedia.org/wiki/International_Court_of_Justice
Judges of The International Court of Justice. Wikipedia, Taken From:
https://en.wikipedia.org/wiki/Judges_of_the_International_Court_of_Justice