LECTURE 11 ICJ INTERNATIONAL COURT OF JUSTICE The statute of the ICJ consists of 70 articles and is annexed to the UN Charter. A UN member is an automatic member and signatory to the statutes.

11.1 ICJ Article 30 (1) of the statute “ the court shall frame rules for carrying out its functions. In particular it shall lay down rules of procedure” The court consists of 15 judges elected on separate elections by security council and the GA for the term of 9 years in such a way a 3 of the retire every 3 years but may be re- elected.

11.2 The judges are persons “who possesses the qualification required in their respective countries for appointment to the highest judicial offices or juriconsults of recognised competence in IL. A party to a dispute before the court may appoint ad hoc judge of its nationality on the panel such judge enjoys immunity as head of mission this based on insight he may have on the case.

11.3 The court may appoint assessors in cases with complicated details. Parties who may ask for a case to be decided in chambers with lesser formalities, rather than often court may also introduce assessors.

11.4 Jurisdiction The court has jurisdiction over parties that have given their consent to be bound. - by accepting the provisions of the statute - given an undertaking to comply with the decision in good faith. - Undertaken to contribute in defraying the expenses of the court

11.5 Only states may take part in contentious proceedings but they may call for information from international institutions that may also furnish proprio motu

11.6 If other states have interests in the case they obtain permission of the court to intervene. In EASTERN KERALIA CASE PCIJ Rep series B No 5 the PCIJ used its discretion not to exercise discretion in the absence of party that had interest in the matter.

11.7 The withdrawal of US from Case concerning military and para-military activities in and against Nicaragua ICJ Rep 1986 p. 14 after an adverse judgement had been given never stopped the ICJ from proceeding with the case A number of individual petition the court but article 34 of the statute clearly state “only states may be parties in cases before the court”

11.8 The court has jurisdiction over all cases that parties refer that is provided for in the Charter of the UN on in treaties and conventions in force. If one part brings the case, provided the other party recognise it the case is brought under forum prorofin.

11.9 Optional Clause A state may recognise the jurisdiction of the court as compulsory in legal disputes provided the other state accepts the same jurisdiction:

11.10 a) the interpretation of the treaty b) any question of the international law c) the existence of any fact which if established constitute a breach of international obligation. d) the nature or extent of the reparation to be made for the breach of international obligation.

11.11 Such declarations may be made -conditionally -unconditionally -on reciprocity -for a time Many declarations limit the jurisdiction of the court to cases arising after declarations. Some declarations excludes dispute in which the parties agree to settle in other way.

11.12 Advisory Jurisdiction International institutional cannot appear as parties to contentious proceedings. The advisory procedure is not available to states. The fact that advice has political connotation it means the advice may be subject to controversy.

11.13 Effects of Decisions and Advisory Opinion of ICJ The decisions are final binding to parties involved Between may 1947 and July 1987 the court had 57 cases and delivered 49 judgements and 18 advisory opinions and majority of the judgement were followed.

11.14 Were compliancy failed the injured state will bring the matter to UNSC, which make recommendations or take appropriate measures. Court decides questions of its own jurisdictions and may interpret its judgement if there is some disagreement among parties as to meaning and scope.

11.15 The court may revise judgement if the court or party claiming the revision was unaware of the decisive fact provided the ignorance was not due to negligence on its part. Unlike judgements advisory opinions are not legally binding and the organs or agencies requesting them are not obliged to follow them.

11.16 The court no function over the execution of its judgements which may thus be enforced through self help, co-operation of third state, recourse to municipal courts and actions by international institutions.