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The International Court of Justice
The International Court of Justice (ICJ) is the primary judicial body of the United Nations. Established in 1945 by the Charter of the United Nations, the ICJ was created to be the successor to the Permanent Court of International Justice (PCIJ), which operated from 1922 – 1946 under the League of Nations. The seat of the Court is located at the Peace Palace in The Hague (Netherlands).
The PCIJ made significant advances in the concept of international law, as it was the first permanent international judicial body to be governed by its own Statue and Rules of Procedure. It also established a permanent Registry, which allowed easy communication between the Court, governments and international bodies, and its decisions were considered binding on all States party to the Court. In addition to providing binding decisions on States, the PCIJ was also empowered to give advisory opinions to the League of Nations Council or Assembly. Finally, the PCIJ was the most representative international judicial body of its time.
The structure of the ICJ is based largely on that of the PCIJ. Following the conclusion of the Second World War, many world leaders, including the United States and the United Kingdom, expressed a desire to see the re-establishment of an international court to settle legal disputes between sovereign States. Rather than reinstituting the PCIJ, which had strong ties to the now-dissolved League of Nations, it was agreed that the San Francisco Conference, which was in charge of drafting the Charter of the United Nations, should create a new court. The ICJ, then, became a principle organ of the United Nations, no different from the other primary UN bodies, such as the General Assembly, the Secretariat, the Security Council, and the Economic and Social Council. Because the ICJ is a part of the UN system, all Member States of the United Nations are ipso facto party to the ICJ.
The Court is comprised of 15 judges who are elected by the United Nations General Assembly and the Security Council. Judges serve for nine-year terms and have the option of being reelected. A third of the Court is elected every three years during the autumn session of the General Assembly in New York. All States party to the ICJ can submit up to four candidates, only two of whom can be of its own nationality. Once elected, judges are considered independent and are not seen as delegates of State governments.
The Court cannot have more than one judge from the same State, and the composition of the Court must represent the “main forms of civilization and the principal legal systems of the world.” Though not required by the ICJ Statute, this has traditionally meant that the distribution of judges reflects that of the UN Security Council, with three judges coming from Africa, two judges from Latin America and the Caribbean, three judges from Asia, five judges representing Western Europe and other States, and two judges from Eastern Europe.
The members of the Court elect a President and Vice-President every three years. The President presides over all Court meetings, and determines the Court’s work schedule. The President also has the deciding vote in the case of a tie by the other judges. The Vice-President replaces the President when he or she is unable to be present.
Two types of cases may be heard by the ICJ: contentious cases and advisory proceedings. Contentious cases are disputes between sovereign nation States regarding matters of international treaties and conventions in force, general provisions of law, and international custom. Contentious cases can only be brought before the Court by States that are party to the ICJ, or those that have accepted its jurisdiction (the ICJ does not accept cases from private entities such as individuals, corporations, or non-governmental organizations). Rather than having permanent representatives accredited to the Court, States are represented by agents that are appointed by State governments. Cases can be brought before the court through either the notification of a special agreement (a bilateral document which is lodged with the Court on behalf of one or both of the States parties to the ICJ) or through an application (a unilateral document submitted by an applicant State against a respondent State. This document must contain not only the names of the States in question and the subject of the dispute, but also indicate the international treaty or agreement on which the claim is based). Contentious cases have both a written stage and a stage of oral argument. Once the Court has deliberated on the case and made its decision, its judgment is final. Decisions cannot be appealed or revisited, except when a State asks the Court for an interpretation of its judgment, or if new evidence becomes available.
Because only States that recognize the jurisdiction of the ICJ are allowed to bring cases before the Court, decisions are usually easily implemented by the States in question. In the rare instance that a State fails to implement a decision by the Court, the UN Security Council has the authority to ensure implementation.
The second types of cases handled by the ICJ are advisory proceedings. Advisory proceedings deal with legal questions from the five primary bodies of the United Nations and the sixteen specialized UN agencies. The UN General Assembly and Security Council may seek advisory opinions on “any legal question,” whereas the other UN bodies and specialized agencies must limit their inquiries to “legal questions arising within the scope of their activities.” Information for the advisory proceedings is solicited from Member States of the organization that has requested the opinion. Unlike contentious cases, advisory proceedings are non-binding. Rather, it is up to the body or organization seeking the opinion to implement them. Even so, advisory proceedings have done much to further the development and definition of international law.
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