ICJ
International Court of Justice (ICJ), the principal judicial organ of the United
Nations (UN). The idea for the creation of an international court to arbitrate
international disputes first arose during the various conferences that produced
the Hague Conventions in the late 19th and early 20th centuries. The body subsequently
established, the Permanent Court of Arbitration, was the precursor of the Permanent
Court of International Justice (PCIJ), which was established by the League of Nations.
From 1921 to 1939 the PCIJ issued more than 30 decisions and delivered nearly as many
advisory opinions, though none were related to the issues that threatened to engulf
Europe in a second world war in 20 years. The ICJ was established in 1945 by the San
Francisco Conference, which also created the UN. All members of the UN are parties to
the statute of the ICJ, and nonmembers may also become parties. The court’s inaugural
sitting was in 1946.
International Court of Justice
The UN Security Council voting to fill a vacancy in the International Court of Justice.(more)
The ICJ is a continuing and autonomous body that is permanently in session. It consists
of 15 judges—no two of whom may be nationals of the same state—who are elected to
nine-year terms by majority votes in the UN General Assembly and the Security Council.
The judges, one-third of whom are elected every three years, are eligible for reelection.
The judges elect their own president and vice president, each of whom serves a three-
year term, and can appoint administrative personnel as necessary.
The seat of the ICJ is at The Hague, but sessions may be held elsewhere when
the court considers it desirable to do so. The official languages of the court are
French and English.
The court’s primary function is to pass judgment upon disputes
between sovereign states. Only states may be parties in cases before the court, and no
state can be sued before the World Court unless it consents to such an action. Under
article 36 of the court’s statute, any state may consent to the court’s
compulsory jurisdiction in advance by filing a declaration to that effect with the
UN secretary-general, and by 2000 more than 60 countries had issued such a
declaration. The declaration (the “optional clause”) may be made unconditionally, or it
may be made on condition of reciprocity on the part of other states or for a certain time.
In proceedings before the court, written and oral arguments are presented, and the
court may hear witnesses and appoint commissions of experts to make investigations
and reports when necessary.
Cases before the ICJ are resolved in one of three ways: (1) they can be settled by the
parties at any time during the proceedings; (2) a state can discontinue the proceedings
and withdraw at any point; or (3) the court can deliver a verdict. The ICJ decides
disputes in accordance with international law as reflected in international conventions,
international custom, general principles of law recognized by civilized nations, judicial
decisions, and writings of the most highly qualified experts on international law.
Although the judges deliberate in secret, their verdicts—rendered in both English and
French—are delivered in open court. Any judge who does not agree in whole or in part
with the court’s decision may file a separate opinion, and few decisions represent the
unanimous opinion of the judges. The court’s judgment is final and without appeal.