The International Court of Justice (ICJ): Structure, Jurisdiction, and Procedure
The International Court of Justice (ICJ)
Judicial Settlement involves the reference of disputes to permanent tribunals for a legally binding solution. The International Court of Justice (ICJ), often referred to as the World Court, is a court with general jurisdiction.
As one of the six main organs of the United Nations and its principal judicial organ, the ICJ has guaranteed impartial adjudication, free of political pressure or economic bargaining, since 1945.
The Court operates in French and English and is located at the Peace Palace in The Hague, Netherlands.
Core Functions of the ICJ
The primary functions of the ICJ are to achieve the peaceful resolution of disputes submitted by sovereign member states in accordance with international law. Additionally, the Court provides advisory opinions on questions of law submitted by any organ of the United Nations duly authorized by the UN General Assembly.
Jurisdiction for Non-Member States
Non-Member States may also appear before the Court; however, they must meet the terms outlined by the General Assembly under the recommendation of the Security Council. These requirements include:
- Accepting the Statute of the International Court of Justice.
- Agreeing to abide by the decision of the International Court of Justice.
- Making annual contributions to the Court.
Composition of the Judiciary
The ICJ consists of 15 judges, each serving a nine-year term in office, which is renewable. The judges are elected at the United Nations Headquarters via secret ballot by both the General Assembly and the Security Council.
The judges are independent and do not reflect or represent their governments in any way. The composition is geographically balanced:
- Five judges from Western Europe and other states.
- Three judges from Africa.
- Three judges from Asia.
- Two judges from Latin America and the Caribbean.
- Two judges from Eastern Europe.
Decision-Making and Sources of Law
Procedure before the Court is governed by its Statute and the Rules of the Court. The Court makes decisions based on the majority of its cases.
Sources of International Law (Article 38)
The Court’s function is to decide cases in accordance with international law, drawing upon the following sources:
- International conventions (general or particular) establishing rules expressly recognized by states.
- International custom, as evidence of a general practice accepted as law.
- The general principles of law recognized by civilized nations.
Precedent: While stare decisis (precedent) does not formally apply to the decisions of the Court, the ICJ rarely deviates from its previous decisions and often treats those decisions as persuasive precedent.
ICJ Procedures: Judgments and Opinions
Resolving Disputes Between States (Judgments)
The resolution of disputes between States is achieved in several steps. There are two ways to file suit:
- Special Agreement: Parties to the dispute agree to lodge a complaint together.
- Application: One party submits an application unilaterally.
Proceedings include a written phase (filing and exchanging pleadings) and an oral phase (public hearings addressing the Court).
After the completion of the proceedings, each party reads its final submission. The members of the Court then retire for individual research, exchange of notes, and collective secret deliberations.
The public reading of the Judgment or Opinion, including separate or dissenting opinions, takes place in the Great Hall of Justice.
Advisory Opinions
Only the five main organs of the United Nations and the 16 specialized agencies of the United Nations may ask the ICJ for an opinion.
The Court may give an advisory opinion on any legal question at the request of whatever body may be authorized by or in accordance with the Charter of the United Nations to make such a request.
The Opinion is released to the Secretary-General, members of the United Nations, and relevant Member States or international organizations.
Decisions of the Court have no binding force unless the parties agree to this beforehand. (Note: Judgments resolving contentious disputes are binding upon the parties involved.)