International Court of Justice:

An the adjudication method under peaceful settlement of international

disputes.

IR303- International Law

Tuğba Bayar
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The UN Charter
• foundational treaty of the UN:
* Binding provisions *
• Purpose of UN:
HR & Peace & Security (Non-interventionist: diplomacy
– avoid war)
solving international problems of an economic, social,
cultural, or humanitarian character,
• References to human rights: Dignity, Equality, Freedoms
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Main Organs
of the UN
1. General Assembly
2. SC
3. Economic and Social Council
4. Trusteeship Council
5. International Court of Justice
6. Secretariat
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International Court of Justice

(ICJ)
• The principal judicial organ of the UN
• Not located in New York
• Peace Palace in the Hague (Netherlands)
• Role : to settle legal disputes and provides advisory
opinions - in accordance with international law,
• Legal disputes submitted by States & IOs
and
• to give advisory opinions on legal questions
referred to it by authorized United Nations organs
and specialized agencies.
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ICJ
• Established in 1946,
• by the UN Charter and the Statute of
the ICJ. (The Statute is an annex to the
UN Charter.)
• Also called the World Court.
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Key Clauses in the ICJ Statute:

• On the Composition of the Court:

§2,3,4.
• On states as parties: §34.
• On jurisdiction: §36.
• On the sources of law: §38.
• On provisional measures: §41.
• On the absence of precedent: §59.
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Key Clauses in the UN Charter:

• On the obligation to comply with the ICJ:
§94.
• On advisory opinions: §96.
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ICJ Mandate:
Carries out inter-state dispute settlement.
2 types of cases:
• contentious cases: legal disputes between
States submitted to it by them;
• advisory proceedings: requests for advisory
opinions on legal questions referred to it by
United Nations organs and specialized agencies.
 Its jurisdiction is carefully defined to preserve
the sovereignty of the states involved in cases.
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• It has 2 important functions in international

politics:
1. Its decisions constitute formal and explicit legal
judgements regarding who is right & wrong in a
given dispute;
2. These decisions enter into the political discourse
of states, despite the absence of precedent, and
may have substantial influence beyond their
legal terms.
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Interaction with International

Politics
• It has 2 important functions in international
politics:
1. Its decisions constitute formal and explicit legal
judgements regarding who is right & wrong in a
given dispute;
2. These decisions enter into the political
discourse of states, despite the absence of
precedent, and may have substantial influence
beyond their legal terms.
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ICJ Decisons:
• The decisions of this court are final and
binding.
• Without appeal!
• The decisions are only binding on the
parties of the dispute.
• The decisions do not constitute
precedent for the future cases.
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ICJ Structure:
• 15 Judges. Assigned in the Court full time.
• The Statute describes them (in§2) as
«independent judges, eşected regardless of their
nationality from among persons of high moral
character, who possess the qualifications
required in their respectivecountries for
appointment to the highest judicial offices, or are
jurists of recognized competence in international
law.»
• States are represented by their lawyers.
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• According to §9, the judges are meant to

represent the «main forms of civilization and of
the principle legal systems of the world.»
• Civilizational diversity is required. There is no
similar rule to require an equitable
representation of women and men among the
judges.
• Judges are international civil cervants.
• They are not diplomats. They do not represent
the interests of their own countries.
• They enjoy immunities and priviledges.
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Obligations of States and Powers

of the Court
• The necessary elements for an international
dispute to come within hte jurisdiction of the ICJ,
the case must involve:
i. A legal dispute (not a military, economic, or
political one;)
ii. It must be btw states or IOs;
iii. Consent of the states.
• ICJ Statute art.60  the key legal obligation of UN
members is to comply wşth the rulings of the court.
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Compliance with the Court

• The court does not possess any king of
coercive tool.
• Though, the compliance is very high.
• Because of the consent given in
beforehand.
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Enforcement of the ICJ

• ICJ Statute art.94(2): «If any party fails to
perform the obligations incumbent upon it
under a judgement rendered by the court,
the other party may have recourse to the
UNSC, which may, if it deems necessity,
make recommendations or decide upon
measures to be taken to give effect to the
judgement.»
T.BAYAR Feature International Court of Justice (ICJ) International Criminal Court
May 1,(ICC)
2024
La Cour Internationale de Justice (CIJ) La Cour pénale internationale (CPI)
Year Court Established 1946 2002
Languages English, French English, French
UN-Relationship Official court of the U.N., commonly referred to Independent. May receive case referrals from
as the “World Court.” the UN Security Council. Can initiate
prosecutions without UN action or referral.
Location The Hague, The Netherlands The Hague, The Netherlands
Jurisdiction U.N. member-states (i.e. national Individuals
governments)
Types of Cases (1) Contentious between parties, (2) Advisory Criminal prosecution of individuals
opinions
Subject Matter Sovereignty, boundary disputes, maritime Genocide, crimes against humanity, war
disputes, trade, natural resources, human crimes, crimes of aggression
rights, treaty violations, treaty interpretation,
and more.
Authorizing Legal States that ratify the U.N. Charter become Rome Statute
Mechanism parties to the ICJ Statute under Article 93. Non-
UN member states can also become parties to
the ICJ by ratifying the ICJ Statute. Each state
must provide consent to any contentious case
by explicit agreement, declaration, or treaty
clause.
Appeals None. The ICJ decision in a contentious case Appeals Chamber. Article 80 of the Rome
is binding upon the parties. If a State fails to Statute allows retention of an acquitted
comply with the judgment, the issue may be defendant pending appeal.
taken to the UN Security Council, which has
the authority to review, recommend, and
decide upon enforcement.
Funding UN-funded. Assessed contribution from state parties to the
Rome Statute; voluntary contributions from the
U.N.; voluntary contributions from
governments, international organizations,
individuals, corporations and other entities.