The International Court of Justice (ICJ)
- amalsweimeh
- May 29
- 4 min read
Updated: Jun 9
Entry 1: What is the International Court of Justice?
Overview
The International Court of Justice, also known as the World Court, was founded in 1946. The International Court of Justice has 2 roles; the first role is to decide disputes between states, known as contentious cases; the second is to respond to legal questions submitted to it by the General Assembly, the Security Council, and other UN organs or agencies; these cases are known as advisory proceedings. Since its establishment, the International Court of Justice has considered over 200 cases.
The International Court of Justice is not a criminal court; it does not try individuals. Only disputes between states can be submitted to it.
Structure of the Court
The Court consists of 15 judges, who are elected for 9 years by the General Assembly and the Security Council. 5 posts are renewed every 3 years; judges may be re-elected. The members of the Court must all be from different countries; they do not represent their countries; therefore, they are independent judges.
The composition of the Court reflects the following geographical balance:
3 seats are occupied by African judges
2 seats are occupied by judges from Latin America and the Caribbean
3 are occupied by Asian judges
5 by judges from Western Europe or other Western states
2 by judges from Eastern Europe
No country is entitled to a seat in practice; however, the Court has always included one judge from each of the five permanent members of the Security Council.
If the Court does not have a judge of the nationality of the states parties to a particular case, those states can each choose what is known as a judge ad hoc. These judges can be of any nationality and have the same rights and duties as elected judges.
Leadership and Administration
Every three years, the Court elects its President and Vice-President. The President chairs all sittings of the Court, directs its work and supervises its administration. Each year, the President presents a report on the activities of the ICJ to the General Assembly in New York.
The Court is administratively independent; it is the only principal organ of the United Nations that is not assisted by the UN Secretariat. The judges are assisted by a Registrar elected by the Court for a renewable term of 7 years. The Registrar is the head of the Court’s secretariat, its Registry, whose staff members are recruited from all over the world; the Registrar performs judicial, diplomatic, and administrative functions.
Jurisdiction and Work
The Court’s first role is to judge legal disputes between states; these contentious cases represent 80% of its work. In the past, contentious cases have often been related to border disputes, maritime delimitation, and diplomatic protection. But they also increasingly concern issues such as humanitarian law, environmental law, the use of armed force, and the responsibility of states.
The Court’s jurisdiction is general; it may consider any issue of international law. All UN member states are entitled to bring contentious proceedings before the Court; other non-member states can also access the Court subject to certain conditions. The Court’s jurisdiction thus extends throughout the world. Since 1946, a large number of states have appeared before the ICJ in contentious proceedings.
States are sovereign; they are free to choose how they want to resolve their disputes. The Court can therefore only hear a case if the states involved have freely consented to having the case referred to it. In most instances, states appear before the Court on the basis of an international treaty.
Procedure
Once the Court has been seized, the proceedings take place in two phases:
First, the states submit their arguments, evidence, and submissions in writing
Then their representatives and lawyers deliver oral arguments before the Court during hearings
The Court then withdraws to begin its deliberation. Its deliberations are confidential; all questions are decided by a majority of the judges present. On average, the Court’s deliberation lasts between 4–6 months.
Each judgment is delivered in the Court’s two official languages (English and French) and reproduced in several sealed copies, one of which is sent to each of the states concerned. Judgments are read out at public sittings; they conclude with an operative part in which the Court gives its decision in respect of each of the points at issue.
Advisory Opinions
The Court’s second role is to respond to legal questions put to it by certain UN organs or agencies. Since 1946, the Court has rendered a number of opinions on questions which have sometimes received wide media coverage. The majority of these opinions have been requested by the General Assembly.
The advisory opinion issued by the Court in 2004 on the legal consequences of the construction of a wall in the Occupied Palestinian Territory was one of the most high-profile in its history. States from across the globe were invited to participate in the proceedings, which lasted just under 7 months.
Importance of the ICJ
Continuing the work started by the Permanent Court of International Justice in 1922, the ICJ’s decisions have significance which goes beyond just the states and organizations directly involved in the cases. On many occasions, and on all continents, the Court has helped to defuse crises, to normalize relations between states, and to restart deadlocked negotiations, either through the settlement of disputes by judicial means, or by stating the law in respect of a particular question.
As the principal judicial organ of the United Nations, the Court is an important part of the international mechanism for promoting and maintaining peace. To that end, the Court very regularly hosts visits by heads of state and dignitaries.
Source
Information based on the official United Nations website:
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