2. International Court of Justice

International Court of Justice

Concept

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was established by the UN Charter and is constituted and functions under its Statute, which forms an integral part of the Charter. (Art. 92, UN Charter)¹ (Art. 1, ICJ Statute)²

Governing provisions

Articles 92–94 of the UN Charter address the Court’s status, participation in its Statute, and compliance with its decisions. Articles 1–5 of the ICJ Statute address the Court’s constitution, judicial qualifications, composition, election, and nominations. (Art. 92, UN Charter)¹ (Art. 93, UN Charter)³ (Art. 94, UN Charter)⁴ (Art. 1, ICJ Statute)² (Art. 2, ICJ Statute)⁵ (Art. 3, ICJ Statute)⁶ (Art. 4, ICJ Statute)⁷ (Art. 5, ICJ Statute)⁸

Requisites / Rules

• Participation in the Statute. Every UN Member is automatically a party to the ICJ Statute. A state that is not a UN Member may become a party on conditions determined in each case by the General Assembly upon the Security Council’s recommendation. (Art. 93, UN Charter)³
• Judicial qualifications. Judges must be independent persons of high moral character. They must possess the qualifications required for appointment to the highest judicial offices in their respective countries or be jurisconsults of recognized competence in international law. Election is regardless of nationality, subject to the Statute’s restriction on two members having the same nationality. (Art. 2, ICJ Statute)⁵ (Art. 3, ICJ Statute)⁶
• Composition. The Court has fifteen members, with no two nationals of the same state. For Court membership, a person regarded as a national of more than one state is deemed a national of the state where that person ordinarily exercises civil and political rights. (Art. 3, ICJ Statute)⁶
• Election and nominations. The General Assembly and Security Council elect members from a list of nominees of national groups in the Permanent Court of Arbitration. For UN Members not represented there, national groups appointed by their governments nominate candidates. A nominating group may put forward no more than four persons, no more than two of its own nationality, and no more than twice the number of seats to be filled. (Art. 4, ICJ Statute)⁷ (Art. 5, ICJ Statute)⁸

Distinctions

Being a party to the ICJ Statute differs from being a UN Member: UN Members are parties automatically, while a non-member state may become a party under conditions set through the process in Article 93. This distinction concerns participation in the Statute, not a separate rule on which cases the Court may hear. (Art. 93, UN Charter)³

Key doctrines

Each UN Member undertakes to comply with an ICJ decision in any case to which it is a party. If a party fails to perform obligations under a judgment, the other party may seek recourse from the Security Council. The Council may, if it deems necessary, recommend or decide measures to give effect to the judgment. (Art. 94, UN Charter)⁴

Exceptions

The Statute provides a separate nomination arrangement for UN Members not represented in the Permanent Court of Arbitration. It also provides that, absent a special agreement, the General Assembly sets the conditions for a state that is a party to the Statute but not a UN Member to participate in electing Court members, upon the Security Council’s recommendation. (Art. 4, ICJ Statute)⁷

Bar tip

Keep three points distinct: the ICJ is the UN’s principal judicial organ; UN membership makes a state a party to its Statute; and a UN Member’s undertaking to comply concerns an ICJ decision in a case to which it is a party. (Art. 92, UN Charter)¹ (Art. 93, UN Charter)³ (Art. 94, UN Charter)⁴