International Court of Justice

This article is written by Kruti Brahmbhatt and is an exhaustive exploration of the functions of the International Court of Justice. The article provides in-depth research relating to various provisions, procedures and functions of the International Court of Justice. The article also mentions the composition of the International Court of Justice, the election procedure of the members, important cases and certain limitations of the International Court of Justice.  

It has been published by Rachit Garg.

Table of Contents

Introduction 

The main aim of the United Nations is to promote peace, security, harmony and the protection of human rights among its Member States. The United Nations has six main organs: the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the Secretariat Council and the International Court of Justice. 

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The International Court of Justice is located at the Peace Palace in Hague, Netherlands. It was established in June 1945 by the Charter of the United Nations and began work in April 1946. The International Court of Justice deals with dispute resolution between the member countries in the United Nations. It deals with various disputes regarding diplomatic relations, environmental protection, hostage-taking etc. However, it does not interfere with the state’s internal disputes or any disputes regarding nationality. 

What is the International Court of Justice

The International Court of Justice is the only such organisation that works for the settlement of disputes between the two states. The International Court of Justice is established under the United Nations Charter as a principal judicial organ. The International Court of Justice works according to the Statute of the International Court of Justice. The statute of the International Court of Justice is divided into 5 Chapters and 70 Articles. 

The Member States of the United Nations Charter are parties to the International Court of Justice. There are a total of 193 members of the United Nations. As per Article 35 of the Statute, if a state that is not a member of the United Nations is a party to the case, then in such a case: 

  • The court shall decide an amount to be paid to the International Court of Justice against the expenses incurred by the court.
  • The state shall not pay this amount if it is already contributing to the expenses of the court. 

Composition of International Court of Justice

The functions and composition of the body of judges in the International Court of Justice are established as per the statute of the Court of Justice. The International Court of Justice consists of 15 independent judges. They are elected by the United Nations General Assembly and Security Council. 

Under Article 1 of the Rules of Court (1978), the members of the judges are elected according to the Statute of the International Court of Justice. 

The composition of the International Court of Justice is specified in Article 2 to Article 33 under Chapter I of the statute of the International Court of Justice. The composition of the  International Court of Justice is as follows: 

Fifteen judges

The International Court of Justice is composed of 15 judges for a term of 9 years. These judges are elected by the United Nations General Assembly and Security Council. The candidate must get an absolute majority from both the General Assembly and the Security Council. 

All parties to the statute of the International Court of Justice have a right to propose a candidate.

Ad hoc judges 

When the parties to the suit of the International Court of Justice do not have their own nationality judges on the bench, in such a situation, the state has the option to select a person to sit as a judge ad hoc in that particular case. 

Quorum 

  • The minimum of nine members of the court is essential for the functioning of the court as per Article 25(3) of the statute of the International Court of Justice. 
  • As per Article 25(2) of the statute of the International Court of Justice, the number of judges available must not be less than 11 and the rules of the court allow the absence of one or more judges on the basis of rotation and other circumstances. 

President and Vice- President 

  • The President and Vice-President are elected by the members of the Court. The election is conducted every three years by secret ballot. 
  • There is no role of nationality; the candidate must get an absolute majority of votes. The President and the Vice-President can be re-elected. 
  • The President has the right to cast a vote in case of a tie. 
  • With the assistance of various committees, the President shall direct work, supervise, and administer the work of the court. 
  • In case of absence or any kind of inability of the President, the Vice-President shall replace him/her for that time limit. Vice-President shall receive daily allowances for the days he/she acts as President. 

Registrar 

  • The registrar is the authority responsible for all the departments and divisions of the Registry. 
  • The tenure of the registrar is seven years and can also be re-elected. 
  • The registrar is the only authorised person to allot and direct work of the registry. 
  • Apart from this, the registrar performs many other duties, such as judicial duties and administrative and diplomatic duties. 

Election of the Members of the Court

The statute of the International Court of Justice provides a specific provision regarding the election and representation of the members of the court. The rules are as follows: 

  • The candidate must have high moral character and have been appointed as the highest judicial officer in their respective countries. 
  • The Secretary-General shall make a list of all the nominated persons and submit it to the General Assembly and Security Council. 
  • The candidate can only be appointed when he/she gains an absolute majority in both the General Assembly and Security Council. 
  • The members of the court shall be elected for a term of 9 years. The judges who are elected in the first election, those 5 judges’ terms, shall expire at the end of 3 years and by the end of 6 years, an additional 5 judges’ terms shall expire. 

For instance, if today 15 judges are elected, then on completion of 3 years, 5 judges’ terms expire (they can be re-elected). After the completion of the next 3 years, the other 5 judges’ terms shall expire. This is a cycle. 

  • Two judges of the same nationality cannot be appointed to the International Court of Justice. The judges are considered independent magistrates. 
  •  The President and a Vice-President are elected from the 15 members of the court. 

Obligation of the Members of the Court

After being elected as a member of the court, the members must follow certain rules and regulations, which are as follows: 

  • The members of the court may not perform any political or administrative functions. The members of the court cannot practise any other position of such a professional nature.  
  • The members of the court may not act as agents, counsels or advocates in any case, and if they have participated in any such role before, they may not participate in the decision-making of any such case. 
  • Except for judicial vacations, periodic leave or any illness, the court has to be permanently present in session. 
  • Due to any special reason, if a member of the court feels that he should not be part of the case and if granted by the President, then he should not sit in that particular case. 
  • The members shall make solemn declarations before making any decision or exercising their powers. The members must use their powers impartially and conscientiously. 

The members of the court have to comply with the above mentioned provisions. In case of doubt regarding any such matter, the court shall settle the point of doubt by its decision. 

Privileges to the Members of the Court

The members of the court are entitled to receive certain benefits and privileges under the statute of the International Court of Justice: 

  • Members of the court are entitled to receive an annual salary. 
  • The President shall receive a special annual allowance and on the days on which the Vice-President has acted as President for that duration, the Vice-President shall receive a special allowance for each day. 
  • The salaries, allowances and compensation given to the members are free from all taxes. 
  • Members of the court are entitled to diplomatic privileges and immunities while undertaking the business of the court. 

Chambers and Committees 

Chambers 

As per Article 26 of the Statute of the International Court of Justice, the court can form chambers of one or more judges to deal with certain kinds or categories of cases. Section C of the Rules of the International Court of Justice, Articles 15–19, deals with the procedure and rules regarding the formation of the Chambers under the International Court of Justice. 

Types of Chambers

  • Summary proceedings: As per Article 29 of the Statute of the International Court of Justice, a Chamber shall be formed of five members. These five members shall be President, Vice-President and other three members. Apart from them, there shall be two members who shall be appointed as substitutes. These summary proceedings are meant for speedy disposal of the cases, at the request of the parties to the State. 
  • For categories of cases: these chambers, which are constituted for dealing with certain categories of cases, consist of at least three judges. Article 26(1) of the International Court of Justice mentions such kinds of cases. These types of chambers can be formed for dealing with cases relating to labour cases and cases regarding transit and communication. 
  • For a particular case: the courts may after consulting with the parties regarding the constitution of the chamber as per Article 26(2) of the International Court of Justice may form a chamber to hear and decide on the particular case. The parties request and approval for such a chamber is necessary. 

However, at present, no such chamber is in operation. 

Committees 

There are three kinds of committees in the International Court of Justice that deal with different objectives. The three committees are as follows: 

  • Budgetary and Administrative Committee: This committee comprises President, Vice-President, and other four or five judges. This committee deals with the administrative functions of the full courts. 
  • Rules Committee: The function of this committee is to advise the court regarding procedural issues and working methods. 
  • Library Committee: This committee’s function is to look into the library’s programme for acquisition and upgrading. 

These are the three committees that deal with different functions of the International Court of Justice. 

Competence of the International Court of Justice 

The International Court of Justice may entertain various cases involving the parties to the statute or any such matter that may fall under international treaties or conventions. Chapter II of the Statute of the International Court of Justice specifies the competence of the court with respect to the matter at hand. The provisions prescribed under the Chapter are as follows:  

Parties to the cases

There are certain conditions prescribed under Article 34 of the Statute of the International Court of Justice, which says that only states are eligible to be parties in court cases. The Member States or Non-Member States of the United Nations can be parties to the cases before the court. 

This also means that if any person or individual urges justice from the International Court of Justice, then he is not competent to be a party to the suit. Article 34 of the statute of the International Court of Justice does not allow the following parties to participate in the suit. 

  • Individual 
  • Corporations 
  • Non-governmental Organisations 
  • Any group of organisations or
  • United Nations Organs 

It restricts any such entity other than a State from becoming a party to a suit. 

Non-member State  parties to the case 

Article 93 of the Charter of the United Nations and the statute of the International Court of Justice allow Non-Member States to be parties; however, they must abide by the following conditions: 

  • As per Article 35(2) of the statute of the International Court of Justice, the conditions under which other countries access the International Court of Justice will be laid down by the Security Council, subject to special provisions contained in international treaties. 
  • Then such Non-Member States may become parties to the case. The Court shall not discriminate between the Member State and Non-Member State in the case; both would be treated equally. 
  • As per Article 35(3) of the statute of the International Court of Justice, the Non-Member State  of the United Nations has to bear the expenses incurred in the case. The Curt shall decide an amount to be paid to the International Court of Justice against the expenses incurred by the court. The state shall not pay this amount if it is already contributing to the expenses of the court. 

This allows the Non-Member State to become a party to a suit. 

The ambit of the International Court of Justice

The International Court of Justice has the major responsibility of solving disputes between the parties that have directly approached or arisen out of any charter or treaty. The parties may approach the International Court of Justice under the matters that are provided under Article 36 of the statute. 

The Court may entertain matters regarding the following matters as prescribed under Article 36(2) of the statute of the International Court of Justice: 

  • Any legal dispute regarding the interpretation of a treaty.
  • Any dispute that may arise regarding any question of international laws.
  • The parties may approach the court if there is any such fact that may amount to breach of an international obligation, if proven. 
  • In case of any breach of such obligation, the parties may approach for the nature or extent of the reparation against such breach. 

The states are required to make a declaration regarding the acceptance of the obligations and jurisdictions of the International Court of Justice regarding the above-mentioned legal disputes. 

Legislatures applicable 

The International Court of Justice shall resolve the disputes or advise the council as per the international laws given under Article 38 of the Statute of the International Court of Justice. 

The Court has to decide a case by applying the following provisions: 

  • The rules that are expressly recognised by contesting states in a general or particular international convention. 
  • The international custom is used as a piece of evidence to prove that a general practice has been accepted as law. 
  • The general principles of the laws are recognized by civilised nations.  
  • The courts may refer to the judicial decisions and teachings of highly qualified publicans. 

Apart from this, the courts have the power to make decisions based on equitable and good conscience if parties to the suit agree. 

Functions of the International Court of Justice 

The International Court of Justice has two major functions, which include the settlement of legal disputes between two states and providing advisory opinions. They are as follows: 

Settlement of legal disputes submitted by the state (contentious cases) 

The states may agree to bring the case before the International Court of Justice for a peaceful settlement of the legal disputes between the two States. This is one of the major responsibilities vested upon the Court to decide on a particular case. The decision of the Court is binding upon both parties to the matter. 

Another important fact is that this judgement cannot be further appealed; it is a final judgement as mentioned under Article 60 of the statute of the International Court of Justice. However, under certain conditions, revision applications can be made on account of new facts or factor discovery. 

Maritime Delimitation in the Indian Ocean (Somalia v. Kenya)

This case was regarding the dispute concerning Somalia and Kenya. In 2014, Somalia filed an application against Kenya for a maritime boundary. Both states have claimed maritime space in the Indian Ocean. Somalia applied to determine the boundary areas at 200 nautical miles. It even claimed a violation of international obligations by Kenya. 

Jurisdiction of the case 

Somalia had filed an application under: 

  1. Article 36(2) of the statute of the International Court of Justice. 
  2. Article 282 of the United Nations Convention on the Law of Sea.

In 2015, preliminary objections were raised by Kenya, challenging the jurisdiction of the Court and admission of the application. 

In 2017, the Court rejected the preliminary objections raised by Kenya in 2015, it also held that the Court had the necessary jurisdiction to entertain the application. 

From 2019 till 2021, Kenya postponed the public hearings on the merits of the case; however, in 2021, the hearings took place in hybrid mode, in which Kenya did not participate. 

On October 12, 2021, the Court delivered its judgement which stated that: 

  • Somalia and Kenya did not have an agreed maritime boundary line; hence, the Court drew a new maritime boundary line between Somalia and Kenya.
  • The Court rejected the claims of Somalia regarding violations of international obligations over the disputed area.  

Advisory opinion

The International Court of Justice has another essential function under its advisory jurisdiction. Numerous agencies and organisations reach out to the International Court of Justice to seek its advice on various issues. They may approach for any need of advice regarding the interpretation of International Law pertaining to any issues at hand. 

However, this function is limited in its opinion and does not have any binding force over parties. Chapter V of the Statute of the International Court of Justice deals with the advisory opinion under Article 65, which says that the International Court of Justice may give its advisory opinion on any legal matter whenever any such request is made. The request can be made by only such organs or states which shall be authorised or shall be in accordance with the Charter of the United Nations. 

The request shall be made in written format, pointing out the direct matter on which the advice is needed; additionally, this request must be annexed with the required documents. 

The organs and agencies that are authorised to make requests for an advisory opinion are as follows: 

  • Various organs of the United Nations, which includes the General Assembly, Security Council, Economic and Social Council, etc. 
  • Specialised Agencies such as the International Labour Organisation, World Health Organization, etc.; and 
  • Related organisation, which includes the International Atomic Energy Agency. 

These are authorised to seek advice from the International Court of Justice.  

Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965 

In this case, according to Article 65 of the statute, the General Assembly of the United Nations had requested the advisory opinion of the Court with regard to the matter of the decolonization of Mauritius. The issue began when the United Kingdom continued its administration in the Chagos Archipelago even after Mauritius gained its independence. The advice was requested for two important aspects: 

  • Whether  the process of decolonization was completed by giving independence to Mauritius? 
  • Whether  the United Kingdom has the obligation of decolonization and is there any violation of international law by its administration? 

The Court gave the opinion that it had no reason to decline the request of the General Assembly and had jurisdiction to advise. The Court opined that the decolonization was not done lawfully and that the United Kingdom had the obligation to put an end to its administration in the Chagos Archipelago.  

Other functions

Apart from the above two major functions, the International Court of Justice plays a vital role in the following issues: 

  • The International Court of Justice clears up any confusion with respect to treaties, conventions or any such international agreements. 
  • The International Court of Justice promotes human rights and works for peace, security and safety of mankind.

These are the overall functions of the International Court of Justice. 

Procedure of the Court 

The International Court of Justice accepts two kinds of cases, i.e., contentious cases and advisory opinions. Both of these cases are dealt with in separate ways as established under the rules and statutes of the International Court of Justice. The official languages of the Court are French and English. As per the parties agreement, the language would be selected for a particular case in hand. 

Chapter III of the statute of the International Court of Justice deals with the provisions of the procedure in the courts. 

Procedure for Contentious Cases 

In contentious cases, the proceedings can be instituted in two different ways. The two ways are as follows: 

  • By way of notification in special agreements: In such cases, the two or more states jointly lodge proceedings in court for dispute resolution. This is more of an agreement for solving the dispute and hence there is no applicant state or respondent state in such cases. 
  • By way of application: Herein, one of the parties files an application against the other party for any kind of violation. 

Initiating proceedings

The first step is to open the case before the court. The parties have to notify the Court about their special agreements or file a written application addressing the registrar regarding the matter of dispute. This provision is prescribed under Article 40 of the Statute of the International Court of Justice. 

Interim protection

As per Article 41 of the Statute of the International Court of Justice, the Court, in order to protect any wrong that may happen or continue with respect to the rights of either party, may order provisional protection until the final order is delivered. 

Phases of proceedings

There are two phases in the proceedings under Article 43 of the statute of the International Court of Justice. These include: 

  • Written Phase: This consists of memorials, counter-memorials, replies and all the important documentation for all the other parties to the case and the court. This shall be made through the registrar within a fixed period. Certified copies of these above–mentioned documents must be shared with the other party. 
  • Oral Phase: The oral proceedings include the examination of witnesses, experts, counsels and advocates. 

Concluding Arguments

The Court has the power under Article 48 of the statute of the International Court of Justice to order the conclusion of each party’s final arguments and ensure the form and timing of connecting and collecting the evidence. 

Judgement

The judgement must include the grounds on which the decision is based. The judges are free to deliver their separate opinions. The decision is final and has no scope for appeal. However, parties may file for revision on the discovery of facts or any other matter that might change the decision. Such a revision application must be made within six months of the delivery of the new facts. 

Procedure for the Advisory Opinion 

In the case the organisations or states want to seek insight from the International Court of Justice for any matter in hand, they may: 

Make a request

Any of the authorised bodies can request it as per Article 65 of the statute of the International Court of Justice. This request can be made in written form. The request must include all the documents relating to the question and the request must mention the question exactly, which brings clarity to the request made.  

Issue of notice

The registrar shall issue a notice to all the concerned parties to appear in court regarding the request for the advisory opinion.

Written statements and oral proceedings

The parties and organisations shall be allowed to make written or oral statements within a time frame decided by the Court. The written proceedings are not as complex as in the contentious cases. 

As per Article 66(2) of the statute of the International Court of Justice, the Registrar shall notify the relevant States and organisations to the case by special or direct communication to present their final written statement to the Court or shall notify for the oral statement in the open court within the time period provided by the President. The intention of the Court is to gather all the relevant information on the case. 

Additionally, under Article 66(4) of the statute of the International Court of Justice, States and organisations are given a chance to express their views and opinions and comment on the comments of other states or organisations in that matter. The time limit shall be decided by the court or the President. In due course, the registrar shall also share the comments and written submissions with the parties having similar statements. 

Concluding proceedings

The advisory opinions are given in the open court as per Article 67 of the statute of the International Court of Justice. However, the opinions are not binding on the parties but certain regulations and instruments do have binding effects on the parties. 

To exercise the functions of the advisory opinion, if the court needs to, it may apply the provisions of the procedure for contentious cases. 

Judgement

Articles 94 to 100 of the Rules of the International Court of Justice prescribe the procedure to be followed for delivery, interpretation and reviewing the judgement of the Court. The Court shall notify the parties of the dates on which it is going to read its judgement. The judgement on various subjects shall be read in the open court where the parties to the suit can have access. The public can access these deliveries through a video link created. 

The judgement shall consist of the following, as per Article 95 of the Rules of the International Court of Justice: 

  • It must be mentioned whether the judgement is given by court or by chamber.
  • It must contain the date on which it was read. 
  • It must have names of the judges, parties, agents, counsel and advocates for the parties. 
  • It must contain the summaries of the proceedings and must include the submissions made by the parties, statement of facts,and the reasons on the basis of law. 
  • It must mention the operative part of the judgement, its decision and state details regarding any cost if imposed. 
  • It must mention the final decision of the courts and the ratio of majority. 

As per Article 95(2) of the Rules of the International Court of Justice, the judge has the liberty to attach his or her individual opinion. This opinion may or may not be in agreement with the final judgement. In case, the judge does not want to explain in detail about his opinion then he may make a declaration for the same. This declaration shall be a brief statement regarding the opinion of the judge. 

As per Article 95(3) of the Rules of the International Court of Justice, a copy of the judgement must be signed and sealed. It has been stored in the archives of the Court and another shall be delivered to the parties to the suit. 

The registrar shall deliver a copy of judgement to the following: 

  1. The Secretary-General of the United Nations, 
  2. Members of the United Nations,
  3. Other States which shall be entitled to appear before the court. 

Limitations on the functioning of ICJ

Despite vast rules and regulations, there are some areas in which the International Court of Justice has to face some limitations. These limitations, in a certain way, hinder the court’s efficiency and ability to become an ultimate solution against violations of international laws. A few of the limitations are listed below 

Jurisdiction 

  • The court does not entertain cases other than those of the states, which means individuals cannot seek justice under the International Court of Justice. 
  • The International Court of Justice cannot take cognizance of any matter on its own. The Court can only deal with the matter when both parties consent to it. 
  • The jurisdiction of the international court is narrowed as it does not include criminal cases. 

Appeals 

  • The decision of the International Court of Justice is the final judgement. It does not have appellate authority against any dissatisfaction with the judgment. This acts as a huge discouragement for the States to consent to the proceedings in the International Court of Justice. It definitely acts as a limitation for the international justice system. 

Enforcement 

  • The major drawback of the judicial mechanism regarding the International Court of Justice is its lack of ability to enforce its judgement directly on the parties. 
  • In cases where the party fails to act on the judgement delivered by the International Court of Justice, the other party has no other option but to approach the Security Council.  
  • A recent example of this is the case of Ukraine v. Russia, in which Ukraine filed a complaint against Russia alleging that Russia had claimed wrongful genocide in Ukraine with the objective of justifying its invasion of Ukraine. 
  • Ukraine requested that the Court suspend the military operations of Russia in Ukraine. However, Russia refused to accept the Court’s jurisdiction and did not even agree to participate in the proceedings under the Court. 
  • Russia had filed preliminary objections regarding the Court’s jurisdiction and claimed that the application could not be admitted in the Court. 
  • The court delivered its provisional orders, in which the court suspended Russia’s military operations and ordered that both parties refrain from taking any such operations that may expand the dispute between them.    
  • Russia has blocked its judgement’s enforcement via the Security Council using its veto power, which highlights the inefficiency in enforcement of the court’s decision. 

India and International Court of Justice 

There have been four judges of a total of Indian nationality in the International Court of Justice. The first Indian judge at the International Court of Justice was Sir Benegal Rau (1952-1953). He was followed by Nagendra Singh (1973-1988). Raghunandan Swarup Pathak served his term from 1989-1991.

Currently, Judge Dalveer Bhandari has been a Member of the International Court of Justice since 27 April 2012 and has been re-elected unanimously. His term ends in 2027. India has been involved in six different cases with the International Court of Justice. One of the most famous cases is stated below: 

Kulbhushan Jadhav case (2019)

Brief facts 

  • On March 3, 2016, in the case of Jadhav (India v. Pakistan), Pakistan  arrested and sentenced an Indian national, Mr. Kulbhushan Jadhav. Pakistan claimed that he was performing acts of espionage and terrorism for India. 
  • He was arrested on the Balochistan border, near Iran. It was claimed that he was illegally entering Pakistan. At the time of arrest, he had an Indian passport with him, as per Pakistan’s allegations. 
  • India had filed an application against the arrest of Mr. Jadhav. According to India, Mr. Jadhav was kidnapped in Iran and transferred to Pakistan for the purpose of interrogation. 
  • India also claimed that Pakistan did not inform about the arrest and Indian consular officers were not allowed to correspond with or arrange any legal representative for Mr. Jadhav. 

Jurisdiction 

Contentions of Pakistan 

Pakistan had raised three objections against the application filed by India: 

  1. The allegation of abusing process: The two main arguments of Pakistan were that, firstly, India failed to indicate the court’s provisional measures and secondly, it had other dispute settlement mechanisms under Articles II and III of the Optional Protocol. 
  2. Abuse of rights: Pakistan alleged that India failed to provide evidence as to Jadhav’s nationality. 
  3. Unlawful conduct: The Vienna Convention does not apply as the acts were related to terrorism and espionage.  

The Court did not favour Pakistan on any of its objections and upheld the application of India. 

Contentions of India 

India’s contention against Pakistan was that it had failed following acts;

  1. Rights of Mr. Jadhav: Pakistan did not inform Mr. Jadhav about his rights under Article 36 of the Vienna Convention. 
  2. Inform India: Pakistan did not inform India without any delay about the arrest and detention of its nationals which is again a violation of the Vienna Convention. 
  3. Consular access: Pakistan had failed to provide consular access, and the officers were not allowed to conserve or appoint legal representatives for him. 

The Court held that Pakistan had breached an obligation under Article 36(1)(a) and (c) of the Vienna Convention. Further in the proceedings, India requested the Court declare the death sentence given by Pakistan to be a violation of International law and give safe passage to Mr. Jadhav. 

Judgement 

The International Court of Justice held that Pakistan had violated international laws but did not uphold India’s request for safe passage, on account of which the Court ordered, with a 15:1 ratio, the following: 

  • Restraint Pakistan from enforcing the death sentence given by its military court.
  • Provide consular access to Mr. Jadhav.
  • Inform him of his rights regarding the Vienna Convention. 
  • Effectively review and reconsider the conviction and sentence in accordance with the Vienna Convention. 

Conclusion 

The International Court of Justice has proven itself to be an important organ of the United Nations and has worked efficiently in dealing with both contentious and advisory matters. Despite certain limitations, it fulfils its duty to act as a peace-making organisation. There have been almost all efforts to deliver balanced and non-biased judgments and opinions. 

The International Court of Justice upholds the value system of international law enforcement and has established itself as a strong international judicial body. The system can be made more effective when work is done to remove the drawbacks and loopholes. 

Frequently Asked Questions (FAQs)

Which language is used in the International Court of Justice? 

As per Article 39(1) of the statute of the International Court of Justice, English and French are the languages used in the Courts as per the preference of the parties to the suit. 

In case the parties to the suit do not agree upon one language, then, in such a case, as per Article 39(2) of the statute of the International Court of Justice, they shall be allowed to plead in their preferred language. The Court will deliver judgment in both languages; however, it will choose one version of the judgement to be the official one. 

In case any state requests to use any other language apart from English and French, then, as per Article 39(3) of the statute of the International Court of Justice, the Court shall authorise such language for the use of the party.   

In case of a dispute of jurisdiction, who shall take the decision? 

As per Article 36(6) of the statute of the International Court of Justice, the Court shall decide whether the Court shall settle the matter or not. 

What if the party to the suit in the International Court of Justice does not appear before the Court? 

As per Article 53 of the statute of the International Court of Justice, if the other party who is present may call upon it and the Court finds it well according to the facts and law, then the Court might order in favour of the present party.

Are judgments given by the Court binding on the parties?

The orders passed by the International Court of Justice are binding on the parties to the cases in contentious cases. In the case of the advisory opinion, the parties or UN organs can decide whether to implement, accept or reject the opinion given by the International Court of Justice. 

Who is the current President and Vice-President of the International Court of Justice?  

As of 2024, the President of the International Court of Justice is  President Joan E. Donoghue from the United States and the Vice-President of the International Court of Justice is Kirill Gevorgian from the Russian Federation.  

References

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