International Court of Justice

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was established in 1945 by the Charter of the United Nations and began work in 1946. The court is seated in the Peace Palace in The Hague, Netherlands. Its role is to settle, in accordance with international law, legal disputes submitted to it by sovereign states and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies.

History

The ICJ was established in 1945 by the Charter of the United Nations, and its statute forms an integral part of the Charter. The court replaced the Permanent Court of International Justice (PCIJ), which had functioned in the Peace Palace since 1922. The PCIJ was dissolved in 1946, and its archives and effects were transferred to the ICJ.

Composition

The court is composed of 15 judges, who are elected to nine-year terms by the United Nations General Assembly and the United Nations Security Council. These organs vote simultaneously but separately. In order to be elected, a candidate must receive an absolute majority of the votes in both bodies. Elections are held every three years for one-third of the seats, and retiring judges may be re-elected.

Jurisdiction

The ICJ has a dual jurisdiction: it decides, in accordance with international law, disputes of a legal nature that are submitted to it by states (contentious cases), and it gives advisory opinions on legal questions referred to it by duly authorized international organs and agencies (advisory proceedings).

Contentious Cases

Only states may be parties in 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 a provision in a treaty.
• Through the reciprocal effect of declarations made under the statute whereby each state has accepted the jurisdiction of the court as compulsory in the event of a dispute with another state having made a similar declaration.

Advisory Opinions

The advisory procedure of the court is open solely to international organizations. The United Nations General Assembly and the Security Council may request advisory opinions on any legal question. Other United Nations organs and specialized agencies, which have been authorized by the General Assembly, may also request advisory opinions within the scope of their activities.

Notable Cases

Some of the notable cases adjudicated by the ICJ include the Corfu Channel case, the Nicaragua v. United States case, and the Bosnia and Herzegovina v. Serbia and Montenegro case.

See also

• International law
• United Nations
• Peace Palace
• Permanent Court of Arbitration

External links

• Official website of the International Court of Justice