International Court of Justice (ICJ): Judges, Jurisdiction, Powers and Functions

History and status of the International Court of Justice

The ICJ was established in 1945 by the Charter of the United Nations and began work in April 1946. It succeeded the Permanent Court of International Justice (PCIJ), which had operated under the League of Nations framework from 1922 until its dissolution in 1946.

Article 92 of the UN Charter identifies the ICJ as the principal judicial organ of the United Nations. Article 93 provides that every United Nations Member State is automatically a party to the Statute of the Court. A non-UN State may become a party to the Statute on conditions determined under the Charter.

Composition, election and term of ICJ judges

The Court consists of 15 independent judges. They are elected by the General Assembly and Security Council from persons of high moral character who possess the qualifications required for appointment to the highest judicial offices in their countries or are jurists of recognized competence in international law.

Judges serve for nine years and may be re-elected. Elections are staggered so that one-third of the Court is renewed every three years. The Court as a whole is intended to represent the main forms of civilization and principal legal systems of the world.

The older claim that one seat is reserved for each permanent member of the Security Council is incorrect. Although nationals of permanent-member States have frequently served on the Court, the Statute does not create such reserved seats.

Who can bring a case before the ICJ?

Only States may be parties in contentious proceedings before the Court. Individuals, companies, non-governmental organizations and international organizations cannot directly institute contentious cases in the ICJ.

The Court does not automatically have jurisdiction merely because the disputing States are UN Members. Contentious jurisdiction rests on State consent. Common bases include:

A respondent State may raise preliminary objections contesting jurisdiction or admissibility before the merits are determined.

Article 38: sources of international law applied by the Court

Article 38(1) of the Statute sets out the principal materials the Court applies when deciding disputes in accordance with international law:

Binding effect, finality and revision of judgments

Article 59 provides that an ICJ decision has binding force only between the parties and in respect of that particular case. The Court's judgments nevertheless contribute significantly to the interpretation and development of international law.

Under Article 60, a judgment is final and without appeal. If a dispute arises over its meaning or scope, a party may request interpretation by the Court.

Article 61 permits an application for revision only on strictly defined conditions involving discovery of a decisive fact that was previously unknown to the Court and the requesting party without negligence. The Statute imposes specific time limits for such applications.

Advisory jurisdiction of the ICJ

The Court's second major function is to give advisory opinions on legal questions. Under Article 96 of the UN Charter, the General Assembly and Security Council may request an advisory opinion on any legal question. Other UN organs and specialized agencies authorized by the General Assembly may request opinions on legal questions arising within the scope of their activities.

Advisory proceedings are different from contentious litigation. States and international organizations may be invited to provide information, written statements or oral submissions, but they are not 'parties' in the same sense as States in contentious cases.

Advisory opinions are generally not legally binding, although they carry substantial legal weight and authority. In limited situations, another legal instrument may provide that an advisory opinion is to have binding effect.

Intervention by a State

Article 62 allows a State that considers it has an interest of a legal nature which may be affected by the decision to request permission to intervene. It is for the Court to decide whether to grant that request.

Article 63 separately addresses intervention where the construction of a multilateral convention is in question and States other than the parties are parties to that convention.

How are ICJ judgments enforced?

Under Article 94(1) of the UN Charter, each UN Member undertakes to comply with the decision of the Court in any case to which it is a party.

If a party fails to perform its obligations under an ICJ judgment, Article 94(2) provides that the other party may have recourse to the UN Security Council. The Council may, if it considers necessary, make recommendations or decide upon measures to give effect to the judgment.

The ICJ itself does not operate a domestic-style enforcement service. Compliance therefore rests primarily on States' Charter obligations, international responsibility, diplomatic processes and the mechanisms provided by the United Nations Charter.

ICJ and private individuals

A private person cannot file a case directly before the ICJ. The Court's contentious docket is limited to States. Individuals may, however, be affected by international disputes that States bring before the Court, and questions concerning human rights, diplomatic protection, consular rights, genocide or other international obligations can arise in inter-State litigation.