The International Court of Justice (ICJ) is the principal legal organ of the United Nations (UN). It was set up in June 1945 by the Charter of the United Nations and started work in April 1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands). Of the six principal organs of the United Nations, it is the only a single one not situated in New York (United States of America). The Court is made out of 15 judges, who are chosen for terms of office of nine years by the United Nations General Assembly and the Security Council. It is helped by a Registry, its regulatory organ. Its official dialects are English and French.

The International Court of Justice, successor to the Permanent Court of International Justice, may resolve international legal matters arising between the 193 UN Member States. The ICJ’s jurisdiction takes three structures: compulsory, special agreement and treaty based. 70 UN Member States have acknowledged the ICJ’s compulsory jurisdiction, implying that any universal legitimate debate including all States will be submitted to the Court, provided that all States gathering to the question before the ICJ have acknowledged its compulsory jurisdiction.

 States may likewise present a dispute to the ICJ by special agreement, accepting the ICJ’s jurisdiction as to the particular debate at issue. In conclusion, States may acknowledge the ICJ’s jurisdiction as to specific ranges of international law when they join a treaty that particularly gives that debate will be submitted to the ICJ for resolution, for example, the Convention on the Prevention and Punishment of the Crime of Genocide. The ICJ has taken up more than 119 matters.

The ICJ’s potential jurisdiction covers an extensive variety of international legitimate issues. Large portions of the debate submitted to it have related to region, national limits, and rights to common resources. In many cases, a critical number of its decisions have touched upon disputes pertinent to international human rights, for example, the privilege to consular help for kept foreign nationals, racial segregation, political asylum, the activity of widespread jurisdiction over wrongdoings against mankind, and demonstrations of genocide. The ICJ additionally has jurisdiction to give advisory opinions on disputes of international law submitted to it by intergovernmental associations, for example, the International Labor Organization or International Atomic Energy Agency. Such assessments are, as a rule, not authoritative. The ICJ has created, to date, 25 advisory opinions.

JURISDICTION

The International Court of Justice goes about as a world court. The Court has a double jurisdiction : it chooses, as per international law, dispute of a lawful nature that are submitted to it by States (jurisdiction in contentious cases); and it gives consultative questions on legal inquiries at the demand of the organs of the United Nations or specialized offices approved to make such a demand (advisory jurisdiction). The Court’s part is to settle, as per international law, legal matters submitted to it by States and to give admonitory opinions on legal inquiries referred to it by authorized United Nations organs.

ESSENTIAL DOCUMENTS

The International Court of Justice was built up by the Charter of the United Nations, which gives all Member States of the United Nations ipso facto parties to the Court’s Statute. The composition and working of the Court are organized by this Statute, and by the Rules of the Court which are drawn up by the Court itself.

Since October 2001, the Court has likewise issued Practice Directions for use by States appearing before it.

The organization of the Court might be clarified as under:

1. Strength: – The Court is comprised of fifteen judges. Not more than one judge shall be chosen from one state, for the Court at a given time.
2. Qualifications: – The candidate for the office of the judge in the Court shall have the accompanying capabilities:

a). He should be independent.

b). He ought to be a man of high good character.

c). He should be fit for the appointment of the highest judicial offices in his nation.

3. Nature of the workplace: – The nature of the workplace of judge for the Court is elective. The judges for the Court should be elected in General Assembly and Security Council.
4. Election: – General Assembly and Security Council shall conduct the election of the judges of the Court freely. These two organs shall choose the judges from the list of nominees prepared by the national groups in the Permanent Court of Arbitration.

5.Term of office: – The term of the workplace for the judge of the Court is nine years, be that as it may, five of them should be resigned after every three years thus for such opening decision might likewise be directed after every five years as to keep up the quality to fifteen.

6. Obligations of Judges: – Any individual who has so been chosen as a judge of the Court is bound to;
7. A) Abstain from all political and managerial capacities,
8. B) Avoid from being council, agent or advocate in any case, and
9. C) Not take an interest regardless in which he has already has partaken as agent, counsel or advocate for one of the parties.
10. Quorum of the Court: – The majority of the Court is settled at nine judges.
11. President of the Court: – After every period of three years, the Court should choose its leader. The president might direct the instances of the Court. Be that as it may, if for a situation any gathering is his national he should not be qualified for as go about as president.
12. Vice-President of the Court: – Along with the decision of the president the might likewise choose its VP. Voice president should go about as president for a situation where president is absent or where president is not qualifies for administration due for one of the gatherings to the case is being his national.

1. 10. Chamber: – The Court is entitled to form a chamber, composed of not less than three members or which the Court may think fit. Different chamber may be declared by the Court to deal with different cases. The Court may constitute a chamber to deal with a particular case. The Court shall itself along with the approval of the parties to the case determine the chamber.
2.  Ad hoc Judges: – The statute of the Court reveals that ad hoc judges may be appointed in those cases where there is no national judge of the party to a case. That party can appoint a national judge in that particular case.

Jurisdiction: –                                                     

Broadly speaking there are two kinds of jurisdiction of the Court  – Contentious Jurisdiction, and Advisory Jurisdiction.

Contentious Jurisdiction: – That jurisdiction of the Court on the basis of which the Court decides any case with the consent of the parties to the case, is called ‘Contentious Jurisdiction.’ It is fundamental principle of international law that without the consent of any party to a case, the same shall not be referred to mediation or arbitration. The same rule is, with some restriction, is applicable to the jurisdiction of the Court. In other words, the Court is not entitled to initiate any proceeding merely because one party files a case, rather the consent of both the parties are necessary that dependent is also required to give consent to the case. Contentious Jurisdiction is of three kinds which may be given as under:   a.Voluntary Jurisdiction.    b. Ad hoc Jurisdiction.  c. Compulsory Jurisdiction.

i). Voluntary Jurisdiction: – That jurisdiction which the parties by virtue of an agreement or treaty confer on Court is called Voluntary Jurisdiction. In other words, when the parties to a treaty or a contract stipulate that if any dispute arise in respect of such treaty or contract the dispute shall be referred to the Court for settlement, this type of jurisdiction of the Court is said to voluntary jurisdiction. So, in voluntary jurisdiction the parties to a dispute give their assent for the jurisdiction of the Court in advance.

ii). Ad hoc Jurisdiction: – That jurisdiction of the Court when the parties, after the occurrence of the dispute, confers on Court and in which the Court has no right to take up the case, is said to be Ad hoc Jurisdiction.

iii). Compulsory Jurisdiction: –Compulsory Jurisdiction means that type of jurisdiction which the Court enjoys without the consent of the parties. In classic international law there is no concept of the Compulsory Jurisdiction of the Court, but recently it has been contended that no the time has reached to confide the Court with compulsory jurisdiction. In case of Compulsory Jurisdiction, the Court is to be empowered to take up a case without the consent of the parties like municipal Courts. But once again, the application of the Compulsory Jurisdiction at universal level depends on the approval of the Nation States. The procedure for the Compulsory Jurisdiction of the Court has also been laid down.

Advisory Jurisdiction: – Advisory Jurisdiction means that the jurisdiction of the Court by which it may only give an advisory opinion on a question of law. This does not require the consent of the parties to a case but when any International Institute (General Assembly or Security Council) ask the Court to give an advisory opinion on the question. This opinion is not binding on the parties. So, the case may be referred by an international organization or by any organs within the scope of their activities.

Author:

Charvi Arora, Research Assistant (2017-18)  at Legal Desire Media and Publication. She is also a 3rd Year student of College of Legal Studies, UPES, Dehradun.