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    دادگاه بین المللی

    (Wikipedia) - International Court of Justice   (Redirected from ICJ) "ICJ" redirects here. For the commission, see International Commission of Jurists. "World Court" redirects here. For other uses, see World Court (disambiguation). Not to be confused with the International Criminal Court. International Court of Justice Established Country Location Coordinates Authorized by Judge term length Number of positions WebsitePresident Currently Since Lead position ends Vice President Currently Since Lead position ends
    Cour internationale de justice
    Worldwide, 193 State Parties
    The Hague, Netherlands
    52°05′11.76″N 4°17′43.80″E / 52.0866000°N 4.2955000°E / 52.0866000; 4.2955000Coordinates: 52°05′11.76″N 4°17′43.80″E / 52.0866000°N 4.2955000°E / 52.0866000; 4.2955000
    9 years
    Peter Tomka
    6 February 2012
    5 February 2015
    Bernardo Sepúlveda-Amor
    6 February 2012
    5 February 2015
    Peace Palace, seat of the ICJ

    The International Court of Justice (French: Cour internationale de justice; commonly referred to as the World Court or ICJ) is the primary judicial branch of the United Nations. It is based in the Peace Palace in The Hague, Netherlands. Its main functions are to settle legal disputes submitted to it by states and to provide advisory opinions on legal questions submitted to it by duly authorized international branches, agencies, and the UN General Assembly.



    Established in 1945 by the UN Charter, the Court began work in 1946 as the successor to the Permanent Court of International Justice. The Statute of the International Court of Justice, similar to that of its predecessor, is the main constitutional document constituting and regulating the Court.

    The Court''s workload covers a wide range of judicial activity. To date, the ICJ has dealt with relatively few cases. However, since the 1980s there has been a clear increase in willingness to use the Court, especially among developing countries. After the court ruled that the U.S.''s covert war against Nicaragua was in violation of international law (Nicaragua v. United States), the United States withdrew from compulsory jurisdiction in 1986. The United States accepts the court''s jurisdiction only on a case-by-case basis. Chapter XIV of the United Nations Charter authorizes the UN Security Council to enforce Court rulings. However, such enforcement is subject to the veto power of the five permanent members of the Council, which the United States used in the Nicaragua case.

    Composition Main article: Judges of the International Court of JusticePublic hearing at the ICJ.

    The ICJ is composed of fifteen judges elected to nine-year terms by the UN General Assembly and the UN Security Council from a list of persons nominated by the national groups in the Permanent Court of Arbitration. The election process is set out in Articles 4–19 of the ICJ statute. Elections are staggered with five judges elected every three years, in order to ensure continuity within the court.

    Should a judge die in office, the practice has generally been to elect a judge in a special election to complete the term. No two may be nationals of the same country. According to Article 9, the membership of the Court is supposed to represent the "main forms of civilization and of the principal legal systems of the world". Essentially, this has meant common law, civil law and socialist law (now post-communist law).

    There is an informal understanding that the seats of the Court will be distributed so that there are: five seats for Western countries, three for African states (including one judge of francophonic civil law, one of anglophonic common law and one Arab), two for Eastern European states, three for Asian states and two for Latin American and Caribbean states. The five permanent members of the United Nations Security Council (France, Russia, China, the United Kingdom, and the United States) always have a judge on the Court, thereby occupying three of the Western seats, one of the Asian seats and one of the Eastern European seats. The exception was China, which did not have a judge on the Court from 1967 to 1985, because it did not put forward a candidate.

    Article 6 of the Statute provides that all judges should be "elected regardless of their nationality among persons of high moral character", who are either qualified for the highest judicial office in their home states or known as lawyers with sufficient competence in international law. Judicial independence is dealt with specifically in Articles 16–18. Judges of the ICJ are not able to hold any other post, nor act as counsel. In practice the Members of the Court have their own interpretation of these rules. This allows them to be involved in outside arbitration and hold professional posts as long as there is no conflict of interest. A judge can be dismissed only by a unanimous vote of other members of the Court. Despite these provisions, the independence of ICJ judges has been questioned. For example, during the Nicaragua Case, the USA issued a communiqué suggesting that it could not present sensitive material to the Court because of the presence of judges from Eastern bloc states.

    Judges may deliver joint judgments or give their own separate opinions. Decisions and Advisory Opinions are by majority and, in the event of an equal division, the President''s vote becomes decisive. Judges may also deliver separate dissenting opinions.

    Ad hoc judges

    Article 31 of the statute sets out a procedure whereby ad hoc judges sit on contentious cases before the Court. This system allows any party to a contentious case who otherwise does not have one of that party''s nationals sitting on the Court to select one additional person to sit as a judge on that case only. It is possible that as many as seventeen judges may sit on one case.

    This system may seem strange when compared with domestic court processes, but its purpose is to encourage states to submit cases to the Court. For example, if a state knows it will have a judicial officer who can participate in deliberation and offer other judges local knowledge and an understanding of the state''s perspective, that state may be more willing to submit to the Court''s jurisdiction. Although this system does not sit well with the judicial nature of the body, it is usually of little practical consequence. Ad hoc judges usually (but not always) vote in favor of the state that appointed them and thus cancel each other out.


    Generally, the Court sits as full bench, but in the last fifteen years it has on occasion sat as a chamber. Articles 26–29 of the statute allow the Court to form smaller chambers, usually 3 or 5 judges, to hear cases. Two types of chambers are contemplated by Article 26: firstly, chambers for special categories of cases, and second, the formation of ad hoc chambers to hear particular disputes. In 1993 a special chamber was established, under Article 26(1) of the ICJ statute, to deal specifically with environmental matters (although this chamber has never been used).

    Ad hoc chambers are more frequently convened. For example, chambers were used to hear the Gulf of Maine Case (Canada/USA). In that case, the parties made clear they would withdraw the case unless the Court appointed judges to the chamber who were acceptable to the parties. Judgments of chambers may have less authority than full Court judgments, or may diminish the proper interpretation of universal international law informed by a variety of cultural and legal perspectives. On the other hand, the use of chambers might encourage greater recourse to the Court and thus enhance international dispute resolution.

    Current composition

    As of 27 April 2012, the composition of the Court is as follows:

    Name Nationality Position Term began Term ends
    Peter Tomka  Slovakia Presidenta 2003 2021
    Bernardo Sepúlveda Amor  Mexico Vice-Presidenta 2006 2015
    Hisashi Owada  Japan Member 2003 2021
    Ronny Abraham  France Member 2005 2018
    Sir Kenneth Keith  New Zealand Member 2006 2015
    Mohamed Bennouna  Morocco Member 2006 2015
    Leonid Skotnikov  Russia Member 2006 2015
    Antônio Augusto Cançado Trindade    Brazil Member 2009 2018
    Abdulqawi Ahmed Yusuf  Somalia Member 2009 2018
    Sir Christopher Greenwood  United Kingdom    Member 2009 2018
    Xue Hanqin  China Member 2010 2021
    Joan E. Donoghue  United States Member 2010 2015
    Giorgio Gaja  Italy Member 2012 2021
    Julia Sebutinde  Uganda Member 2012 2021
    Dalveer Bhandari  India Member 2012 2018
     a 2012–2015.
    Jurisdiction Main article: Jurisdiction of the International Court of Justice
      Parties upon becoming a UN member   Parties prior to joining the UN under Article 93

    As stated in Article 93 of the UN Charter, all 193 UN members are automatically parties to the Court''s statute. Non-UN members may also become parties to the Court''s statute under the Article 93(2) procedure. For example, before becoming a UN member state, Switzerland used this procedure in 1948 to become a party, and Nauru became a party in 1988. Once a state is a party to the Court''s statute, it is entitled to participate in cases before the Court. However, being a party to the statute does not automatically give the Court jurisdiction over disputes involving those parties. The issue of jurisdiction is considered in the two types of ICJ cases: contentious issues and advisory opinions.

    Contentious issuesPlay mediaFirst gathering after Second World War, Dutch newsreel from 1946

    In contentious cases (adversarial proceedings seeking to settle a dispute), the ICJ produces a binding ruling between states that agree to submit to the ruling of the court. Only states may be parties in contentious cases. Individuals, corporations, parts of a federal state, NGOs, UN organs and self-determination groups are excluded from direct participation in cases, although the Court may receive information from public international organizations. This does not preclude non-state interests from being the subject of proceedings if one state brings the case against another. For example, a state may, in case of "diplomatic protection", bring a case on behalf of one of its nationals or corporations.

    Jurisdiction is often a crucial question for the Court in contentious cases. (See Procedure below.) The key principle is that the ICJ has jurisdiction only on the basis of consent. Article 36 outlines four bases on which the Court''s jurisdiction may be founded.

    Advisory opinionAudience of the "Accordance with International Law of the Unilateral Declaration of Independence by the Provisional Institutions of Self-Government of Kosovo"

    An advisory opinion is a function of the Court open only to specified United Nations bodies and agencies. On receiving a request, the Court decides which States and organizations might provide useful information and gives them an opportunity to present written or oral statements. Advisory Opinions were intended as a means by which UN agencies could seek the Court''s help in deciding complex legal issues that might fall under their respective mandates.

    In principle, the Court''s advisory opinions are only consultative in character but are influential and widely respected. Whilst certain instruments or regulations can provide in advance that the advisory opinion shall be specifically binding on particular agencies or states, they are inherently non-binding under the Statute of the Court. This non-binding character does not mean that advisory opinions are without legal effect, because the legal reasoning embodied in them reflects the Court''s authoritative views on important issues of international law and, in arriving at them, the Court follows essentially the same rules and procedures that govern its binding judgments delivered in contentious cases submitted to it by sovereign states.

    An advisory opinion derives its status and authority from the fact that it is the official pronouncement of the principal judicial organ of the United Nations.

    Advisory Opinions have often been controversial because the questions asked are controversial or the case was pursued as an indirect way of bringing what is really a contentious case before the Court. Examples of advisory opinions can be found in the section advisory opinions in the List of International Court of Justice cases article. One such well-known advisory opinion is the Nuclear Weapons Case.

    ICJ and the Security Council

    Article 94 establishes the duty of all UN members to comply with decisions of the Court involving them. If parties do not comply, the issue may be taken before the Security Council for enforcement action. There are obvious problems with such a method of enforcement. If the judgment is against one of the permanent five members of the Security Council or its allies, any resolution on enforcement would then be vetoed. This occurred, for example, after the Nicaragua case, when Nicaragua brought the issue of the U.S.''s non-compliance with the Court''s decision before the Security Council. Furthermore, if the Security Council refuses to enforce a judgment against any other state, there is no method of forcing the state to comply. Furthermore, the most effective form to take action for the Security Council, coercive action under Chapter VII of the United Nations Charter, can be justified only if international peace and security are at stake. The Security Council has never done this so far.

    The relationship between the ICJ and the Security Council, and the separation of their powers, was considered by the Court in 1992 in the Pan Am case. The Court had to consider an application from Libya for the order of provisional measures to protect its rights, which, it alleged, were being infringed by the threat of economic sanctions by the United Kingdom and United States. The problem was that these sanctions had been authorized by the Security Council, which resulted in a potential conflict between the Chapter VII functions of the Security Council and the judicial function of the Court. The Court decided, by eleven votes to five, that it could not order the requested provisional measures because the rights claimed by Libya, even if legitimate under the Montreal Convention, prima facie could not be regarded as appropriate since the action was ordered by the Security Council. In accordance with Article 103 of the UN Charter, obligations under the Charter took precedence over other treaty obligations. Nevertheless the Court declared the application admissible in 1998. A decision on the merits has not been given since the parties (United Kingdom, United States and Libya) settled the case out of court in 2003.

    There was a marked reluctance on the part of a majority of the Court to become involved in a dispute in such a way as to bring it potentially into conflict with the Council. The Court stated in the Nicaragua case that there is no necessary inconsistency between action by the Security Council and adjudication by the ICJ. However, where there is room for conflict, the balance appears to be in favor of the Security Council.

    Should either party fail "to perform the obligations incumbent upon it under a judgment rendered by the Court", the Security Council may be called upon to "make recommendations or decide upon measures" if the Security Council deems such actions necessary. In practice, the Court''s powers have been limited by the unwillingness of the losing party to abide by the Court''s ruling, and by the Security Council''s unwillingness to impose consequences. However, in theory, "so far as the parties to the case are concerned, a judgment of the Court is binding, final and without appeal," and "by signing the Charter, a State Member of the United Nations undertakes to comply with any decision of the International Court of Justice in a case to which it is a party."

    For example, the United States had previously accepted the Court''s compulsory jurisdiction upon its creation in 1946, but in Nicaragua v. United States withdrew its acceptance following the Court''s judgment in 1984 that called on the US to "cease and to refrain" from the "unlawful use of force" against the government of Nicaragua. The Court ruled (with only the American judge dissenting) that the United States was "in breach of its obligation under the Treaty of Friendship with Nicaragua not to use force against Nicaragua" and ordered the United States to pay war reparations (see note 2).

    Examples of contentious cases Law applied Main article: Sources of international law

    When deciding cases, the Court applies international law as summarised in Article 38 of the ICJ Statute, which provides that in arriving at its decisions the Court shall apply international conventions, international custom, and the "general principles of law recognized by civilized nations". It may also refer to academic writing ("the teachings of the most highly qualified publicists of the various nations") and previous judicial decisions to help interpret the law, although the Court is not formally bound by its previous decisions under the doctrine of stare decisis. Article 59 makes clear that the common law notion of precedent or stare decisis does not apply to the decisions of the ICJ. The Court''s decision binds only the parties to that particular controversy. Under 38(1)(d), however, the Court may consider its own previous decisions.

    If the parties agree, they may also grant the Court the liberty to decide ex aequo et bono ("in justice and fairness"), granting the ICJ the freedom to make an equitable decision based on what is fair under the circumstances. This provision has not been used in the Court''s history. So far the International Court of Justice has dealt with about 130 cases.


    The ICJ is vested with the power to make its own rules. Court procedure is set out in Rules of Court of the International Court of Justice 1978 (as amended on 29 September 2005).

    Cases before the ICJ will follow a standard pattern. The case is lodged by the applicant who files a written memorial setting out the basis of the Court''s jurisdiction and the merits of its claim. The respondent may accept the Court''s jurisdiction and file its own memorial on the merits of the case.

    Preliminary objections

    A respondent who does not wish to submit to the jurisdiction of the Court may raise Preliminary Objections. Any such objections must be ruled upon before the Court can address the merits of the applicant''s claim. Often a separate public hearing is held on the Preliminary Objections and the Court will render a judgment. Respondents normally file Preliminary Objections to the jurisdiction of the Court and/or the admissibility of the case. Inadmissibility refers to a range of arguments about factors the Court should take into account in deciding jurisdiction; for example, that the issue is not justiciable or that it is not a "legal dispute".

    In addition, objections may be made because all necessary parties are not before the Court. If the case necessarily requires the Court to rule on the rights and obligations of a state that has not consented to the Court''s jurisdiction, the Court will not proceed to issue a judgment on the merits. If the Court decides it has jurisdiction and the case is admissible, the respondent will then be required to file a Memorial addressing the merits of the applicant''s claim. Once all written arguments are filed, the Court will hold a public hearing on the merits.

    Once a case has been filed, any party (but usually the Applicant) may seek an order from the Court to protect the status quo pending the hearing of the case. Such orders are known as Provisional (or Interim) Measures and are analogous to interlocutory injunctions in United States law. Article 41 of the statute allows the Court to make such orders. The Court must be satisfied to have prima facie jurisdiction to hear the merits of the case before granting provisional measures.

    Applications to intervene

    In cases where a third state''s interests are affected, that state may be permitted to intervene in the case, and participate as a full party. Under Article 62, a state "with an interest of a legal nature" may apply; however, it is within the Court''s discretion whether or not to allow the intervention. Intervention applications are rare — the first successful application occurred in 1991.

    Judgment and remedies

    Once deliberation has taken place, the Court will issue a majority opinion. Individual judges may issue separate opinions (if they agree with the outcome reached in the judgment of the court but differ in their reasoning) or dissenting opinions (if they disagree with the majority). No appeal is possible, though any party may ask for the court to clarify if there is a dispute as to the meaning or scope of the court''s judgment.


    The International Court has been criticized with respect to its rulings, its procedures, and its authority. As with United Nations criticisms as a whole, many of these criticisms refer more to the general authority assigned to the body by member states through its charter than to specific problems with the composition of judges or their rulings. Major criticisms include:

    See also
    United Nations portal
    Law portal
  • ^ a b "No. 2012/8" (Press release). International Court of Justice. 6 February 2012. Retrieved 7 February 2012. 
  • ^ Statute of the International Court of Justice. Retrieved 31 August 2007.
  • ^ Churchill, Ward. A Little Matter of Genocide. San Francisco: City Lights Books, 1997. Print.
  • ^ Harris, D. Cases and Materials on International Law, 7th ed. (2012, London) p. 839.
  • ^ ICJ Statute, Article 18(1)
  • ^ a b Case Concerning Military and Paramilitary Activities In and Against Nicaragua (Nicaragua v USA), ICJ Reports 14, 158–60 (Merits) per Judge Lachs.
  • ^ This occurred in the Legality of the Use by a State of Nuclear Weapons in Armed Conflict (Opinion requested by WHO), ICJ Reports 66.
  • ^ Posner, E. A., and De Figueiredo, M. F. P. Is the International Court of Justice Biased? Journal of Legal Studies, vol.34 (June 2005), University of Chicago.
  • ^ Rules of Court of the International Court of Justice 1978 (as amended on 5 December 2000). Retrieved 17 December 2005. See also Practice Directions I-XII (as at 30 July 2004). Retrieved 17 December 2005.
  • ^ a b Schwebel S "Ad Hoc Chambers of the International Court of Justice" (1987) 81 American Journal of International Law 831.
  • ^ "No. 2012/16" (Press release). International Court of Justice. 27 April 2012. Retrieved 3 July 2012. 
  • ^ The jurisdiction is discussed in the entire Chapter XIV of the UN Charter (Articles 92–96). Full text
  • ^ "Chapter I - Charter of the United Nations and Statute of the International Court of Justice: 3 . Statute of the International Court of Justice". United Nations Treaty Series. 2013-07-09. Retrieved 2013-07-09. 
  • ^ See the Nottebohm Case (Liechtenstein v Guatemala), ICJ Reports 4.
  • ^ See List of treaties that confer jurisdiction on the ICJ.
  • ^ Case Concerning United States Diplomatic and Consular Staff in Tehran (USA v Iran), ICJ Reports 7.
  • ^ See Charney J "Compromissory Clauses and the Jurisdiction of the International Court of Justice" (1987) 81 American Journal of International Law 855.
  • ^ See Alexandrov S Reservations in Unilateral Declarations Accepting the Compulsory Jurisdiction of the International Court of Justice (Leiden: Martinus Nijhoff, 1995).
  • ^ For a complete list of countries and their stance with the ICJ, see Declarations Recognizing as Compulsory the Jurisdiction of the Court. Retrieved 21 February 2011.
  • ^ Burton, Bob (17 May 2005). Australia, East Timor strike oil, gas deal. Asia Times. Retrieved 21 April 2006.
  • ^ The UN General Assembly Requests a World Court Advisory Opinion On Israel''s Separation Barrier, Pieter H.F. Bekker, ASIL (American Society of International Law) Insights, December 2003.
  • ^ "Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United States of America), Preliminary Objections, International Court of Justice, 27 February 1998". Icj-cij.org. Retrieved 4 November 2011. 
  • ^ http://www.icj-cij.org/docket/files/64/6291.pdf
  • ^ http://www.icj-cij.org/docket/files/71/6527.pdf
  • ^ http://www.icj-cij.org/docket/files/67/6369.pdf
  • ^ "International Court of Justice". Icj-cij.org. Retrieved 2014-02-02. 
  • ^ http://untreaty.un.org/unts/120001_144071/6/3/00004456.pdf
  • ^ "Microsoft Word - eACI_Press_Communiques_2011-37_20111205_03p.doc" (PDF). Retrieved 2014-02-02. 
  • ^ Statute of the International Court of Justice, Article 38(2)
  • ^ Statute of the International Court of Justice, Article 60
  • ^ ""World Court: Completing the Circle" Time, 28 November 1960". Time. 28 November 1960. Retrieved 4 November 2011. 
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