INTERNATIONAL COURT OF

JUSTICE
Article 92
The International Court of Justice shall be the principal judicial organ of the
United Nations. It shall function in accordance with the annexed Statute,
which is based upon the Statute of the Permanent Court of International
Justice and forms an integral part of the present Charter.
• 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.

• 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.
ICJ in Netherlands
HISTORY
• The origins

The modern history of international arbitration is, however, generally recognized as

dating from the so-called Jay Treaty of 1794 between the United States of America
and Great Britain. This Treaty of Amity, Commerce and Navigation provided for the
creation of three mixed commissions, composed of American and British nationals in
equal numbers, whose task it would be to settle a number of outstanding questions
between the two countries which it had not been possible to resolve by negotiation.
• The Alabama Claims arbitration in 1872 between the United Kingdom and the
United States marked the start of a second, and still more decisive, phase. Under
the Treaty of Washington of 1871, the United States and the United Kingdom
agreed to submit to arbitration claims by the former for alleged breaches of
neutrality by the latter during the American Civil War.
 THE HAGUE PEACE CONFERENCES AND
THE PERMANENT COURT OF
ARBITRATION (PCA)
• The Hague Peace Conference of 1899, convened at the initiative of the Russian
Czar Nicholas II, marked the beginning of a third phase in the modern history of
international arbitration. The chief object of the Conference, in which — a
remarkable innovation for the time — the smaller States of Europe, some Asian
States and Mexico also participated, was to discuss peace and disarmament. It
ended by adopting a Convention on the Pacific Settlement of International Disputes,
which dealt not only with arbitration but also with other methods of pacific
settlement, such as good offices and mediation
 THE PERMANENT COURT OF
INTERNATIONAL JUSTICE (PCIJ)
• Article 14 of the Covenant of the League of Nations gave the Council of the League
responsibility for formulating plans for the establishment of a Permanent Court of
International Justice (PCIJ), such a court to be competent not only to hear and
determine any dispute of an international character submitted to it by the parties to
the dispute, but also to give an advisory opinion upon any dispute or question
referred to it by the Council or by the Assembly
 INTERNATIONAL COURT OF
JUSTICE
• In April 1946, the PCIJ was formally dissolved, and the International Court of
Justice, meeting for the first time, elected as its President Judge José Gustavo
Guerrero ( El Salvador), the last President of the PCIJ. The Court appointed the
members of its Registry (largely from among former officials of the PCIJ) and held
an inaugural public sitting, on the 18th of that month. The first case was submitted
in May 1947. It concerned incidents in the Corfu Channel and was brought by the
United Kingdom against Albania.
 Jose Gustavo
Guerrero, First
President Judge of ICJ
MEMBERS OF THE COURT
Current Members • Xue Hanqin (China)
President • Joan E.
• Peter Tomka (Slovakia) Donoghue (United
Vice-President States of America)
• Bernardo Sepúlveda- • Giorgio Gaja (Italy)
Amor (Mexico) • Julia
Judges Sebutinde (Uganda)
• Hisashi Owada (Japan) • Dalveer
• Ronny Abraham (France) Bhandari (India)
• Kenneth Keith (New Zealand) Registrar
• Mohamed • Philippe
Bennouna (Morocco) Couvreur (Belgium)
• Leonid Skotnikov (Russian
Federation)
• Antônio Augusto Cançado
Trindade (Brazil)
• Abdulqawi Ahmed
Yusuf (Somalia)
• Christopher
Greenwood (United Kingdom
of Great Britain and Northern
Ireland)
Article 93
1. All Members of the United Nations are ipso facto parties to
the Statute of the International Court of Justice.
2. A state which is not a Member of the United Nations may
become a party to the Statute of the International Court of
Justice on conditions to be determined in each case by the
General Assembly upon the recommendation of the Security
Council.
Article 94
1. Each Member of the United Nations undertakes to comply
with the decision of the International Court of Justice in any
case to which it is a party.
2. If any party to a case fails to perform the obligations
incumbent upon it under a judgment rendered by the Court,
the other party may have recourse to the Security Council,
which may, if it deems necessary, make recommendations
or decide upon measures to be taken to give effect to the
judgment.
PRESIDENCY
• The President and the Vice-President are elected by the Members of the Court
every three years by secret ballot. The election is held on the date on which
Members of the Court elected at a triennial election are to begin their terms of office
or shortly thereafter. An absolute majority is required and there are no conditions
with regard to nationality. The President and the Vice-President may be re-elected.
• The President presides at all meetings of the Court; he/she directs its work and
supervises its administration, with the assistance of a Budgetary and Administrative
Committee and of various other committees, all composed of Members of the Court.
During judicial deliberations, the President has a casting vote in the event of votes
being equally divided.
• On 6 February 2012 the Court elected Judge Peter Tomka (Slovakia) to be
President and Judge Bernardo Sepúlveda-Amor (Mexico) to be Vice-President.
CHAMBERS AND COMMITTEES
HOW THE COURT WORKS
Article 95
• Nothing in the present Charter shall prevent Members of the United Nations from
entrusting the solution of their differences to other tribunals by virtue of agreements
already in existence or which may be concluded in the future.

Article 96
• The General Assembly or the Security Council may request the International Court
of Justice to give an advisory opinion on any legal question.
• Other organs of the United Nations and specialized agencies, which may at any
time be so authorized by the General Assembly, may also request advisory opinions
of the Court on legal questions arising within the scope of their activities.
Contentious cases

The Court is competent to entertain a dispute only if the States concerned have accepted its
jurisdiction in one or more of the following ways:

• by entering into a special agreement to submit the dispute to the Court;

• by virtue of a jurisdictional clause, i.e., typically, when they are parties to a treaty containing
a provision whereby, in the event of a dispute of a given type or disagreement over the
interpretation or application of the treaty, one of them may refer the dispute to the Court;

• 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. A number of these declarations, which
must be deposited with the United Nations Secretary-General, contain reservations
excluding certain categories of dispute.
Advisory proceedings

Advisory proceedings before the Court are open solely to five organs of the
United Nations and to 16 specialized agencies of the United Nations family.
The United Nations General Assembly and Security Council may request
advisory opinions on “any legal question”. Other United Nations organs and
specialized agencies which have been authorized to seek advisory opinions
can only do so with respect to “legal questions arising within the scope of their
activities”.