Function of the International Court of Justice (ICJ): Statute of the International Court of Justice (summary)

The ICJ was established by the Charter of the United Nations as the principal judicial organ of the United Nations. The Court shall consist of fifteen members, no two of whom may be nationals of the same state. The country where the exercise of civil and political rights shall determine the nationality of the judge if he or she has more than one nationality (Article 3). The members of the Court shall be elected for nine years and may be re-elected (Article 13). The members of the Court, when engaged on the business of the Court, shall enjoy diplomatic privileges and immunities (Article 19). Every member of the Court shall, before taking up his duties, make a solemn declaration in open court that he will exercise his powers impartially and conscientiously (Article 20). Only states may be parties in cases before the Court (Article 34). Jurisdiction: All cases which the parties refer to it (Article 36). All matters specially provided for in the Charter of the United Nations or in treaties and conventions in force (Article 36).

Jurisdiction (cont.) 1. The member states may declare that they recognize the jurisdiction of the Court, and the other party accepting the same obligation, in all legal disputes concerning (Article 36): - the interpretation of a treaty; any question of international law; the existence of any fact which, if established, would constitute a breach of an international obligation; the nature or extent of the reparation to be made for the breach of an international obligation. Procedure: The official languages of the Court shall be French and English. The Court shall, at the request of any party, authorize a language other than French or English to be used by that party (Article 39). The Court shall have the power to indicate, if it considers that circumstances so require, any provisional measures which ought to be taken to preserve the respective rights of either party (Article 41). The procedure shall consist of two parts: written and oral (Article 43).

Procedure (cont.) 4. The written proceedings shall consist of the communication to the Court and to the parties of memorials, counter-memorials and, if necessary, replies; also all papers and documents in support (Article 43). 5. The oral proceedings shall consist of the hearing by the Court of witnesses, experts, agents, counsel, and advocates (Article 43). The hearing in Court shall be public, unless the Court shall decide otherwise, or unless the parties demand that the public be not admitted (Article 46). 6. Whenever one of the parties does not appear before the Court, or fails to defend its case, the other party may call upon the Court to decide in favour of its claim. However, in so doing, the claim is well founded in fact and law (Article 53). 7. All questions shall be decided by a majority of the judges present (Article 55). 8. The judgment shall state the reasons on which it is based (Article 56). 9. The decision of the Court has no binding force except between the parties and in respect of that particular case (Article 59).

The Judicial Procedures of the International Court of Justice: A Summary (Rules of Court)

Procedures: Written Proceeding: The application (brought before the Court) must specify the legal grounds justifying the jurisdiction of the Court (Article 38 Rules of Court). It shall also specify the precise nature of the claim, together with a succinct statement of the facts and grounds on which the claim is based (Article 38 Rules of Court). The Court shall determine the pleadings (Article 44 Rules of Court). The pleadings consist of a Memorial by the applicant, and a counter-Memorial by the respondent (Article 45 Rules of Court). A Memorial shall contain a statement of the relevant facts, a statement of law, and the submissions (Article 49 Rules of Court). A Counter-Memorial shall contain: an admission or denial of the facts stated in the Memorial; any additional facts, if necessary; observations concerning the statement of law in the Memorial; a statement of law in answer thereto; and the submissions.

Procedures (cont.): Oral Proceeding: the case is ready for hearing 7. After the closure of the written proceedings, no further documents may be submitted to the Court by either party except with the consent of the other party .. (Article 56 Rules of Court). 8. The hearing in Court shall be public, unless the Court shall decide otherwise, or unless the parties demand that the public be not admitted (Article 59 Rules of Court). 9. The Court may, if necessary, arrange for the attendance of a witness or expert to give evidence in the proceedings (Article 62 Rules of Court). 10. A counter-claim may be presented provided that it is directly connected with the subject-matter of the claim of the other party and that it comes within the jurisdiction of the Court (Article 80 Rules of Court). 11. A counter-claim shall be made in the Counter-Memorial of the party presenting it, and shall appear as part of the submissions of that party (Article 80 Rules of Court).

Judgement: The judgment shall be read at a public sitting of the Court and shall become binding on the parties on the day of the reading (Article 94 Rules of Court). The judgment, which shall state whether it is given by the Court or by a Chamber, shall contain: the date on which it is read; the names of the judges participating in it; the names of the parties; the names of the agents, counsel and advocates of the parties; a summary of the proceedings; the submissions of the parties; a statement of the facts; the reasons in point of law; the operative provisions of the judgment; the decision, if any, in regard to costs; the number and names of the judges constituting the majority; a statement as to the text of the judgment which is authoritative.

Judgement (cont.): 3. Any judge may, if he so desires, attach his individual opinion to the judgment, whether he dissents from the majority or not … (Article 95 Rules of Court). 4. In the event of dispute as to the meaning or scope of a judgment any party may make a request for its interpretation, … (Article 98 Rules of Court). 5. A request for the revision of a judgment shall be made by an application containing the particulars necessary to show that the conditions specified in Article 61 of the Statute are fulfilled (Article 99 Rules of Court).