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Encyclopedia > International Court of Justice

See also International Commission of Jurists The International Commission of Jurists (ICJ) is an international human rights non-government organisation. ...

  International Court of Justice
Cour internationale de Justice
 

Peace Palace, seat of the ICJ.
Org type Principal Organ
Acronyms ICJ, CIJ
Head President of the ICJ

Dame Rosalyn Higgins DBE Image File history File linksMetadata International_Court_of_Justice. ... The Peace Palace in The Hague, Netherlands The Peace Palace (Vredespaleis in Dutch), situated in The Hague, Netherlands, is often called the seat of international law because it houses the International Court of Justice (which is the principal judicial body of the United Nations), the Permanent Court of Arbitration, the... Rosalyn Higgins, Baroness Higgins, DBE, QC (b. ...

Status Active
Established 1945
Website www.icj-cij.org
Wikimedia
Commons
Commons:Category:ICJ-CJI ICJ-CJI
Portal Portal:United Nations United Nations Portal

The International Court of Justice (known colloquially as the World Court or ICJ; French: Cour internationale de Justice) is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands, sharing the building with the Hague Academy of International Law, a private centre for the study of international law. Several of the Court's current judges are either alumni or former faculty members of the Academy. Year 1945 (MCMXLV) was a common year starting on Monday (link will display the full calendar). ... The Wikimedia Commons (also called Wikicommons) is a repository of free content images, sound and other multimedia files. ... Image File history File links Commons-logo. ... UN redirects here. ... The Peace Palace in The Hague, Netherlands The Peace Palace (Vredespaleis in Dutch), situated in The Hague, Netherlands, is often called the seat of international law because it houses the International Court of Justice (which is the principal judicial body of the United Nations), the Permanent Court of Arbitration, the... Hague redirects here. ... The Hague Academy of International Law is a center for high-level education in international law housed in the Peace Palace in The Hague, Netherlands. ...


Established in 1945 by the UN Charter, the Court began work in 1946 as the successor to the Permanent Court of International Justice. The Statute of the International Court of Justice, similar to that of its predecessor, is the main constitutional document constituting and regulating the Court.[1] The ICJ should not be confused with the International Criminal Court, which also potentially has "global" jurisdiction. Year 1945 (MCMXLV) was a common year starting on Monday (link will display the full calendar). ... This article or section does not cite any references or sources. ... Year 1946 (MCMXLVI) was a common year starting on Tuesday (link will display full 1946 calendar) of the Gregorian calendar. ... The Permanent Court of International Justice, sometimes called World Court, was the international court of the League of Nations established in 1922. ... The official logo of the ICC The International Criminal Court (ICC or ICCt)[1] was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression, although it cannot currently exercise jurisdiction over the crime of aggression. ...


English and French are its two official languages. The English language is a West Germanic language that originates in England. ... An official language is a language that is given a special legal status in the countries, states, and other territories. ...


The Court's workload is characterised by a wide range of judicial activity. Its main functions are to settle legal disputes submitted to it by member states and to give advisory opinions on legal questions submitted to it by duly authorized international organs, agencies and the UN General Assembly. The ICJ has dealt with relatively few cases in its history, but there has clearly been an increased willingness to use the Court since the 1980s, especially among developing countries. The United States withdrew from compulsory jurisdiction in 1986, and so accepts the court's jurisdiction only on a case-to-case basis. Chapter XIV of the United Nations Charter authorizes the UN Security Council to enforce World Court rulings, but this is subject to the veto of the permanent five members of the Council. Presently there are twelve cases on the World Court's docket. For other uses, see Law (disambiguation). ... For other uses, see State (disambiguation). ... Case law (also known as decisional law) is that body of reported judicial opinions in countries that have common law legal systems that are published and thereby become precedent, i. ... The 1980s was the decade spanning from 1980 to 1989, also called The Eighties. The decade saw social, economic and general upheaval as wealth, production and western culture migrated to new industrializing economies. ...  Newly industrialized countries  Other emerging markets  Other developing economies  High income  Upper-middle income  Lower-middle income  Low income A developing country is that country which has a relatively low standard of living, an undeveloped industrial base, and a moderate to low Human Development Index (HDI) score and per capita... Year 1986 (MCMLXXXVI) was a common year starting on Wednesday (link displays 1986 Gregorian calendar). ... Chapter XIV of the United Nations Charter deals with the International Court of Justice. ... A session of the Security Council in progress The United Nations Security Council is the most powerful organ of the United Nations. ...

Contents

Composition

Public hearing at the ICJ.
Public hearing at the ICJ.

The ICJ is composed of 15 judges elected to nine year terms by the UN General Assembly and the UN Security Council from a list of persons nominated by the national groups in the Permanent Court of Arbitration. The election process is set out in Articles 4–12 of the ICJ statute. Judges serve for nine year terms and may be re-elected for up to two further terms. Elections take place every three years, with one-third of the judges retiring (and possibly standing for re-election) each time, in order to ensure continuity within the court. The International Court of Justice is the main judicial organ of the United Nations. ... Image File history File linksMetadata Download high resolution version (800x800, 320 KB) Summary From International Court of Justice 60th Anniversary Press Pack. ... Image File history File linksMetadata Download high resolution version (800x800, 320 KB) Summary From International Court of Justice 60th Anniversary Press Pack. ... Spanish president in the General Assembly in New York Org type: Principal Organ Acronyms: GA, UNGA Head: President of the UN General Assembly As of 18 September 2007 Srgjan Kerim former Yugoslav Republic of Macedonia Status: Active Established: 1945 Website: www. ... The Permanent Court of Arbitration (PCA), also known as the Hague Tribunal is an international organization based in The Hague in the Netherlands. ...


Should a judge die in office, the practice has generally been to elect a judge of the same nationality to complete the term. No two may be nationals of the same country. According to Article 9, the membership of the Court is supposed to represent the "main forms of civilization and of the principal legal systems of the world". Essentially, this has meant common law, civil law and socialist law (now post-communist law). Since the 1960s four of the five permanent members of the Security Council (France, Russia, the United Kingdom, and the United States) have always had a judge on the Court. The exception was China (the Republic of China until 1971, the People's Republic of China from 1971 onwards), which did not have a judge on the Court from 1967-1985, because it did not put forward a candidate. The rule on a geopolitical composition of the bench exists despite the fact that there is no provision for it in the Statute of the ICJ. In English usage, nationality is the legal relationship between a person and a country. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... For other uses of civil law, see civil law. ... It has been suggested that this article or section be merged with Socialist Legality. ... The 1960s decade refers to the years from the beginning of 1960 to the end of 1969. ... For the Chinese civilization, see China. ... Year 1971 (MCMLXXI) was a common year starting on Friday (link will display full calendar) of the 1971 Gregorian calendar, known as the year of cyclohexanol. ... Year 1967 (MCMLXVII) was a common year starting on Sunday (link will display full calendar) of the 1967 Gregorian calendar. ... This article is about the year. ... Geopolitics analyses politics, history and social science with reference to geography. ...


Article 2 of the Statute provides that all judges should be "elected regardless of their nationality among persons of high moral character", who are either qualified for the highest judicial office in their home states or known as lawyers with sufficient competence in international law. Judicial independence is dealt specifically with in Articles 16-18. Judges of the ICJ are not able to hold any other post, nor act as counsel. In practice the Members of the Court have their own interpretation of these rules. This allows them to be involved in outside arbitration and hold professional posts as long as there is no conflict of interest. A judge can be dismissed only by a unanimous vote of other members of the Court.[2] Despite these provisions, the independence of ICJ judges has been questioned. For example, during the Nicaragua Case, the USA issued a communiqué suggesting that it could not present sensitive material to the Court because of the presence of judges from Eastern bloc states.[3] This article is about the use of the moral in storytelling. ... Look up counsel in Wiktionary, the free dictionary. ... Unanimity is near complete agreement by everyone. ... The Republic of Nicaragua v. ... A map of the Eastern Bloc 1948-1989. ...


Judges may deliver joint judgments or give their own separate opinions. Decisions and Advisory Opinions are by majority and, in the event of an equal division, the President's vote becomes decisive.[4] Judges may also deliver separate dissenting opinions. An advisory opinion, in civil procedure, is an opinion issued by a court that does not have the effect of resolving a specific legal case, but merely advises on the constitutionality or interpretation of a law. ...


Ad hoc judges

Article 31 of the statute sets out a procedure whereby ad hoc judges sit on contentious cases before the Court. This system allows any party to a contentious case to nominate a judge of their choice (usually of their nationality), if a judge of their nationality is not already on the bench. Ad hoc judges participate fully in the case and the deliberations, along with the permanent bench. Thus, it is possible that as many as seventeen judges may sit on one case. Ad hoc is a Latin phrase which means for this [purpose]. It generally signifies a solution that has been tailored to a specific purpose, such as a tailor-made suit, a handcrafted network protocol, and specific-purpose equation and things like that. ...


This system may seem strange when compared with domestic court processes, but its purpose is to encourage states to submit cases to the Court. For example, if a state knows it will have a judicial officer who can participate in deliberation and offer other judges local knowledge and an understanding of the state's perspective, that state may be more willing to submit to the Court's jurisdiction. Although this system does not sit well with the judicial nature of the body, it is usually of little practical consequence. Ad hoc judges usually (but not always) vote in favour of the state that appointed them and thus cancel each other out.


Chambers

Generally, the Court sits as full bench, but in the last fifteen years it has on occasion sat as a chamber. Articles 26-29 of the statute allow the Court to form smaller chambers, usually 3 or 5 judges, to hear cases. Two types of chambers are contemplated by Article 26: firstly, chambers for special categories of cases, and second, the formation of ad hoc chambers to hear particular disputes. In 1993 a special chamber was established, under Article 26(1) of the ICJ statute, to deal specifically with environmental matters (although this chamber has never been used). Year 1993 (MCMXCIII) was a common year starting on Friday (link will display full 1993 Gregorian calendar). ...


Ad hoc chambers are more frequently convened. For example, chambers were used to hear the Gulf of Maine Case (USA v Canada).[5] In that case, the parties made clear they would withdraw the case unless the Court appointed judges to the chamber who were acceptable to the parties. Judgments of chambers may have less authority than full Court judgments, or may diminish the proper interpretation of universal international law informed by a variety of cultural and legal perspectives. On the other hand, the use of chambers might encourage greater recourse to the Court and thus enhance international dispute resolution.[6] It has been suggested that Adjudication be merged into this article or section. ...


Current composition

As of March 2007, the composition of the Court is as follows:

Name Country Position Elected Term End
Dame Rosalyn Higgins Flag of the United Kingdom United Kingdom President 1995, 2000 2009
Awn Shawkat Al-Khasawneh Flag of Jordan Jordan Vice-President 2000 2009
Raymond Ranjeva Flag of Madagascar Madagascar Member 1991, 2000 2009
Shi Jiuyong Flag of the People's Republic of China China Member 1994, 2003 2012
Abdul G. Koroma Flag of Sierra Leone Sierra Leone Member 1994, 2003 2012
Gonzalo Parra Aranguren Flag of Venezuela Venezuela Member 1996, 2000 2009
Thomas Buergenthal Flag of the United States United States Member 2000, 2006 2015
Hisashi Owada Flag of Japan Japan Member 2003 2012
Bruno Simma Flag of Germany Germany Member 2003 2012
Peter Tomka Flag of Slovakia Slovakia Member 2003 2012
Ronny Abraham Flag of France France Member 2005 2014
Sir Kenneth Keith Flag of New Zealand New Zealand Member 2006 2015
Bernardo Sepúlveda Amor Flag of Mexico Mexico Member 2006 2015
Mohamed Bennouna Flag of Morocco Morocco Member 2006 2015
Leonid Skotnikov Flag of Russia Russia Member 2006 2015

Rosalyn Higgins, Baroness Higgins, DBE, QC (b. ... Image File history File links Flag_of_the_United_Kingdom. ... Judge Awn Shawkat Al-Khasawneh has been a member of the International Court of Justice since February 6, 2000, and was elected vice-President of the Court in 2006. ... Image File history File links Flag_of_Jordan. ... Raymond Ranjeva (born August 31, 1942 in Antananarivo, Madagascar), is currently Vice President of the International Court of Justice. ... Image File history File links Flag_of_Madagascar. ... Shi Jiuyong (1926- ) is President of the International Court of Justice, the principal judicial organ of the United Nations located in The Hague, Netherlands. ... Image File history File links Flag_of_the_Peoples_Republic_of_China. ... Image:Koroma. ... Image File history File links Flag_of_Sierra_Leone. ... Gonzalo Parra Aranguren is a judge at the International Court of Justice of the United Nations in The Hague, Netherlands. ... Image File history File links Flag_of_Venezuela. ... Professor Thomas Buergenthal (born 11 May 1934 in Lubochna, Slovakia) Biography Thomas Buergenthal grew up in the Jewish ghetto of Kielce (Poland), and later in the concentration camps at Auschwitz and Sachsenhausen. ... Image File history File links This is a lossless scalable vector image. ... Hisashi Owada (小和田 恆) (b. ... Image File history File links Flag_of_Japan. ... Bruno Simma (born March 29, 1941), German jurist, is currently a Judge on the International Court of Justice, having been appointed to that post in 2003. ... Image File history File links Flag_of_Germany. ... Peter Tomka (born June 1, 1956), is a Slovak diplomat and has served as a Judge on the International Court of Justice since 2003. ... Image File history File links Flag_of_Slovakia. ... Ronny Abraham (France)was elected to the International Court of Justice, to fill the vacancy created by the resignation of Judge and former President Gilbert Guillaume. ... Image File history File links This is a lossless scalable vector image. ... Sir Kenneth James Keith, ONZ, KBE, QC (19 November 1937 – ) is a New Zealand Judge appointed to the International Court of Justice in November 2005. ... Image File history File links Flag_of_New_Zealand. ... Bernardo Sepúlveda Amor (b. ... Image File history File links Flag_of_Mexico. ... Image File history File links Flag_of_Morocco. ... Leonid Skotnikov is a Russian judge currently serving on the United Nations International Court of Justice in the The Hague, Netherlands. ... Image File history File links Flag_of_Russia. ...

Jurisdiction

As stated in Article 93 of the UN Charter, all 192 UN members are automatically parties to the Court's statute.[7] Non-UN members may also become parties to the Court's statute under the Article 93(2) procedure. For example, before becoming member nations, Switzerland used this procedure in 1948 to become a party; Nauru also became a party in 1988. Once a state is a party to the Court's statute, it is entitled to participate in cases before the Court. However, being a party to the statute does not automatically give the Court jurisdiction over disputes involving those parties. The issue of jurisdiction is considered in the two types of ICJ cases: contentious issues and advisory opinions. The International Court of Justice has jurisidiction in two types of cases: contentious issues between states in which the court produces binding rulings between states that agree, or have previously agreed, to submit to the ruling of the court; and advisory opinions, which provide reasoned, but non-binding, rulings on... A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. ... Year 1948 (MCMXLVIII) was a leap year starting on Thursday (link will display the 1948 calendar) of the Gregorian calendar. ... Year 1988 (MCMLXXXVIII) was a leap year starting on Friday (link displays 1988 Gregorian calendar). ... This article does not cite any references or sources. ...


Contentious issues (adversarial proceedings)

In contentious cases (adversial proceedings seeking to settle a dispute), the ICJ produces a binding ruling between states that agree to submit to the ruling of the court. Only states may be parties in contentious cases. Individuals, corporations, parts of a federal state, NGOs, UN organs and self-determination groups are excluded from direct participation in cases, although the Court may receive information from public international organisations. This does not preclude non-state interests from being the subject of proceedings if one state brings the case against another. For example, a state may, in case of "diplomatic protection", bring a case on behalf of one of its nationals or corporations.[8] For other uses, see State (disambiguation). ... As commonly used, individual refers to a person or to any specific object in a collection. ... For other uses, see Corporation (disambiguation). ... A federal state is one that brings together a number of different political communities with a common government for common purposes, and separate state or provincial or cantonal governments for the particular purposes of each community. ... NGO is an abbreviation or code for: Non-governmental organization Nagoya Airport (IATA code) This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ... Self-determination is a principle in international law that a people ought to be able to determine their own governmental forms and structure free from outside influence. ... An international organization (also called intergovernmental organization) is an organization of international scope or character. ...


Jurisdiction is often a crucial question for the Court in contentious cases. (See Procedure below.) The key principle is that the ICJ has jurisdiction only on the basis of consent. Article 36 outlines four bases on which the Court's jurisdiction may be founded. See also International Commission of Jurists Peace Palace, seat of the ICJ. Org type Principal Organ Acronyms ICJ, CIJ Head President of the ICJ Dame Rosalyn Higgins DBE Status Active Established 1945 Website www. ...

  • First, 36(1) provides that parties may refer cases to the Court (jurisdiction founded on "special agreement" or "compromis"). This method is based on explicit consent rather than true compulsory jurisdiction. It is, perhaps, the most effective basis for the Court's jurisdiction because the parties concerned have a desire for the dispute to be resolved by the Court and are thus more likely to comply with the Court's judgment.
  • Second, 36(1) also gives the Court jurisdiction over "matters specifically provided for ... in treaties and conventions in force". Most modern treaties will contain a compromissory clause, providing for dispute resolution by the ICJ.[9] Cases founded on compromissory clauses have not been as effective as cases founded on special agreement, since a state may have no interest in having the matter examined by the Court and may refuse to comply with a judgment. For example, during the Iran hostage crisis, Iran refused to participate in a case brought by the US based on a compromissory clause contained in the Vienna Convention on Diplomatic Relations, nor did it comply with the judgment.[10] Since the 1970s, the use of such clauses has declined. Many modern treaties set out their own dispute resolution regime, often based on forms of arbitration.[11]
  • Third, Article 36(2) allows states to make optional clause declarations accepting the Court's jurisdiction. The label "compulsory" which is sometimes placed on Article 36(2) jurisdiction is misleading since declarations by states are voluntary. Furthermore, many declarations contain reservations, such as exclusion from jurisdiction certain types of disputes ("ratione materia").[12] The principle of reciprocity may further limit jurisdiction. As of October 2006, sixty-seven states had a declaration in force.[13] Of the permanent Security Council members, only the United Kingdom has a declaration. In the Court's early years, most declarations were made by industrialised countries. Since the Nicaragua Case, declarations made by developing countries have increased, reflecting a growing confidence in the Court since the 1980s. Industrialised countries however have sometimes increased exclusions or removed their declarations in recent years. Examples include the USA, as mentioned previously and Australia who modified their declaration in 2002 to exclude disputes on maritime boundaries (most likely to prevent an impending challenge from East Timor who gained their independence two months later[14]).
  • Finally, 36(5) provides for jurisdiction on the basis of declarations made under the Permanent Court of International Justice's statute. Article 37 of the Statute similarly transfers jurisdiction under any compromissory clause in a treaty that gave jurisdiction to the PCIJ.
  • In addition, the Court may have jurisdiction on the basis of tacit consent (forum prorogatum). In the absence of clear jurisdiction under Article 36, jurisdiction will be established if the respondent accepts ICJ jurisdiction explicitly or simply pleads on the merits. The notion arose in the Corfu Channel Case (UK v Albania) (1949) in which the Court held that a letter from Albania stating that it submitted to the jurisdiction of the ICJ was sufficient to grant the court jurisdiction.

The first two pages of the Treaty of Brest-Litovsk, in (left to right) German, Hungarian, Bulgarian, Ottoman Turkish and Russian A treaty is an agreement under international law entered into by actors in international law, namely states and international organizations. ... Iranian militants escort a blindfolded U.S. hostage to the media. ... The Vienna Convention on Diplomatic Relations is an international treaty on diplomatic intercourse and the privileges and immunities of a diplomatic mission. ... The 1970s decade refers to the years from 1970 to 1979, also called The Seventies. ... Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the arbitrators or arbitral tribunal), by whose decision (the award) they agree to be bound. ... This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ... October 2006 is the tenth month of that year and has yet to occur. ... A session of the Security Council in progress The United Nations Security Council is the most powerful organ of the United Nations. ... The Republic of Nicaragua v. ... The 1980s was the decade spanning from 1980 to 1989, also called The Eighties. The decade saw social, economic and general upheaval as wealth, production and western culture migrated to new industrializing economies. ... The Permanent Court of International Justice, sometimes called World Court, was the international court of the League of Nations established in 1922. ... On the merits refers to a legal decision based on the facts in evidence and the law pertaining to those facts, because the judge considers technical and procedural defenses to be overcome or irrelevant. ...

Advisory Opinion

An advisory opinion is a function of the Court open only to specified United Nations bodies and agencies. On receiving a request, the Court decides which States and organizations might provide useful information and gives them an opportunity to present written or oral statements. Advisory Opinions were intended as a means by which UN agencies could seek the Court's help in deciding complex legal issues that might fall under their respective mandates. In principle, the Court's advisory opinions are only consultative in character, though they are influential and widely respected. Whilst certain instruments or regulations can provide in advance that the advisory opinion shall be specifically binding on particular agencies or states, they are inherently non-binding under the Statute of the Court. This non-binding character does not mean that advisory opinions are without legal effect, because the legal reasoning embodied in them reflects the Court's authoritative views on important issues of international law and, in arriving at them, the Court follows essentially the same rules and procedures that govern its binding judgments delivered in contentious cases submitted to it by sovereign states. An advisory opinion derives its status and authority from the fact that it is the official pronouncement of the principal judicial organ of the United Nations. [15] An advisory opinion, in civil procedure, is an opinion issued by a court that does not have the effect of resolving a specific legal case, but merely advises on the constitutionality or interpretation of a law. ...


Advisory Opinions have often been controversial, either because the questions asked are controversial, or because the case was pursued as an indirect "backdoor" way of bringing what is really a contentious case before the Court. Examples of advisory opinions can be found in the section advisory opinions in the List of International Court of Justice cases article. One such well-known advisory opinion is the Nuclear Weapons Case. This is a list of cases and advisory opinions brought to the International Court of Justice since its creation in 1946. ... This is a list of cases and advisory opinions brought to the International Court of Justice since its creation in 1946. ... The Legality of the Threat or Use of Nuclear Weapons[1] was an advisory opinion handed down by the International Court of Justice (ICJ) on 8 July 1996. ...


The ICJ and the Security Council

Article 94 establishes the duty of all UN members to comply with decisions of the Court involving them. If parties do not comply, the issue may be taken before the Security Council for enforcement action. There are obvious problems with such a method of enforcement. If the judgment is against one of the permanent five members of the Security Council or its allies, any resolution on enforcement would then be vetoed. This occurred, for example, after the Nicaragua case, when Nicaragua brought the issue of the U.S.'s non-compliance with the Court's decision before the Security Council.[16] Furthermore, if the Security Council refuses to enforce a judgment against any other state, there is no method of forcing the state to comply. The Republic of Nicaragua v. ...


The relationship between the ICJ and the Security Council, and the separation of their powers, was considered by the Court in 1992 in the Pan Am case. The Court had to consider an application from Libya for the order of provisional measures to protect its rights, which, it alleged, were being infringed by the threat of economic sanctions by the United Kingdom and United States. The problem was that these sanctions had been authorised by the Security Council, which resulted with a potential conflict between the Chapter VII functions of the Security Council and the judicial function of the Court. The Court decided, by eleven votes to five, that it could not order the requested provisional measures because the rights claimed by Libya, even if legitimate under the Montreal Convention, prima facie could not be regarded as appropriate since the action was ordered by the Security Council. In accordance with Article 103 of the UN Charter, obligations under the Charter took precedence over other treaty obligations. Nevertheless the Court declared the application admissible in 1998. A decision on the merits has not been given since the parties (United Kingdom, United States and Libya) settled the case out of court in 2003. A session of the Security Council in progress The United Nations Security Council is the most powerful organ of the United Nations. ... Year 1992 (MCMXCII) was a leap year starting on Wednesday (link will display full 1992 Gregorian calendar). ... The trial began on May 3, 2000 The Pan Am Flight 103 bombing trial began on May 3, 2000, which was 11 years, four months and 13 days after the sabotage of Pan Am Flight 103 on December 21, 1988. ... The Montreal Convention is a treaty adopted by a meeting of ICAO member states in 1999. ... Look up prima facie in Wiktionary, the free dictionary. ... Year 1998 (MCMXCVIII) was a common year starting on Thursday (link will display full 1998 Gregorian calendar). ... Year 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ...


There was a marked reluctance on the part of a majority of the Court to become involved in a dispute in such a way as to bring it potentially into conflict with the Council. The Court stated in the Nicaragua case that there is no necessary inconsistency between action by the Security Council and adjudication by the ICJ. However, where there is room for conflict, the balance appears to be in favour of the Security Council.


Should either party fail "to perform the obligations incumbent upon it under a judgment rendered by the Court", the Security Council may be called upon to "make recommendations or decide upon measures" if the Security Council deems such actions necessary. In practice, the Court's powers have been limited by the unwillingness of the losing party to abide by the Court's ruling, and by the Security Council's unwillingness to impose consequences. However, in theory, "so far as the parties to the case are concerned, a judgment of the Court is binding, final and without appeal," and "by signing the Charter, a State Member of the United Nations undertakes to comply with any decision of the International Court of Justice in a case to which it is a party."


For example, the United States had previously accepted the Court's compulsory jurisdiction upon its creation in 1946, but in Nicaragua v. United States withdrew its acceptance following the Court's judgment in 1984 that called on the U.S. to "cease and to refrain" from the "unlawful use of force" against the government of Nicaragua. The Court ruled (with only the American judge dissenting) that the United States was "in breach of its obligation under the Treaty of Friendship with Nicaragua not to use force against Nicaragua" and ordered the United States to pay war reparations (see note 2). Year 1946 (MCMXLVI) was a common year starting on Tuesday (link will display full 1946 calendar) of the Gregorian calendar. ... The Republic of Nicaragua v. ... This article is about the year. ... War reparations refer to the monetary compensation provided to a triumphant nation or coalition from a defeated nation or coalition. ...


Examples of contentious cases include:

Generally, the Court has been most successful resolving border delineation and the use of oceans and waterways. While the Court has, in some instances, resolved claims by one State espoused on behalf of its nationals, the Court has generally refrained from hearing contentious cases that are political in nature, due in part to its lack of enforcement mechanism and its lack of compulsory jurisdiction. The Court has generally found it did not have jurisdiction to hear cases involving the use of force.. Year 1980 (MCMLXXX) was a leap year starting on Tuesday (link displays the 1980 Gregorian calendar). ... For other uses, see Tehran (disambiguation). ... Gulf of Maine The Gulf of Maine is a large gulf of the Atlantic Ocean on the northeastern coast of North America. ... Capital Belgrade Language(s) Serbian Government Republic President  - 1992 - 1993 Dobrica Ćosić  - 1993 - 1997 Zoran Lilić  - 1997 – 2000 Slobodan MiloÅ¡ević  - 2000 - 2003 Vojislav KoÅ¡tunica Prime Minister  - 1992 - 1993 Milan Panić  - 1993 - 1998 Radoje Kontić  - 1998 - 2000 Momir Bulatović  - 2000 - 2001 Zoran Žižić  - 2001 - 2003 DragiÅ¡a Pe... NATO 2002 Summit in Prague The North Atlantic Treaty Organisation (NATO), also called the North Atlantic Alliance, the Atlantic Alliance or the Western Alliance, is an international organisation for collective security established in 1949, in support of the North Atlantic Treaty signed in Washington, DC, on 4 April 1949. ... The term Kosovo War or Kosovo Conflict is often used to describe two sequential and at times parallel armed conflicts (a civil war followed by an international war) in the southern Serbian province called Kosovo (officially Kosovo and Metohia), part of the former Federal Republic of Yugoslavia. ... is the 349th day of the year (350th in leap years) in the Gregorian calendar. ... Year 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ...


Law applied

When deciding cases, the Court applies international law as summarised in Article 38. Article 38 of the ICJ Statute provides that in arriving at its decisions the Court shall apply international conventions, international custom, and the "general principles of law recognized by civilized nations". It may also refer to academic writing ("the teachings of the most highly qualified publicists of the various nations") and previous judicial decisions to help interpret the law, although the Court is not formally bound by its previous decisions under the doctrine of stare decisis. Article 59 makes clear that the common law notion of precedent or stare decisis does not apply to the decisions of the ICJ. The Court's decision binds only the parties to that particular controversy. Under 38(1)(d), however, the Court may consider its own previous decisions. In reality, the ICJ rarely departs from its own previous decisions and treats them as precedent in a way similar to superior courts in common law systems. Additionally, international lawyers commonly operate as though ICJ judgments had precedential value. Sources of international law are the materials and processes out of which the rules and principles regulating the international community are developed. ... Stare decisis (Latin: , Anglicisation: , to stand by things decided) is a Latin legal term, used in common law systems to express the notion that prior court decisions must be recognized as precedents, according to case law. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... This article is about the legal term. ... Stare decisis (Latin: , Anglicisation: , to stand by things decided) is a Latin legal term, used in common law systems to express the notion that prior court decisions must be recognized as precedents, according to case law. ... In law, and more specifically, in the Anglo-American common law legal tradition, a superior court is a court of general jurisdiction over all, or major, civil and criminal cases. ...


If the parties agree, they may also grant the Court the liberty to decide ex aequo et bono ("in justice and fairness"),[17] granting the ICJ the freedom to make an equitable decision based on what is fair under the circumstances. This provision has not been used in the Court's history. So far the International Court of Justice has dealt with about 130 cases. Ex aequo et bono (Latin for according to the right and good) is a legal term of art. ...


Procedure

The ICJ is vested with the power to make its own rules. Court procedure is set out in Rules of Court of the International Court of Justice 1978 (as amended on 29 September 2005).[18] is the 272nd day of the year (273rd in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ...


Cases before the ICJ will follow a standard pattern. The case is lodged by the applicant who files a written memorial setting out the basis of the Court's jurisdiction and the merits of its claim. The respondent may accept the Court's jurisdiction and file its own memorial on the merits of the case.


Preliminary Objections

A respondent who does not wish to submit to the jurisdiction of the Court may raise Preliminary Objections. Any such objections must be ruled upon before the Court can address the merits of the applicant's claim. These objections must be ruled upon by the Court before it can proceed on the merits. Often a separate public hearing is held on the Preliminary Objections and the Court will render a judgment. Respondents normally file Preliminary Objections to the jurisdiction of the Court and/or the admissibility of the case. Inadmissibility refers to a range of arguments about factors the Court should take into account in deciding jurisdiction; for example, that the issue is not justiciable or that it is not a "legal dispute". Admissible evidence, in a court of law, is any testimonial, documentary, or tangible evidence that may be introduced to a factfinder - usually a judge or jury in order to establish or a bolster a point put forth by a party to the proceeding. ...


In addition, objections may be made because all necessary parties are not before the Court. If the case necessarily requires the Court to rule on the rights and obligations of a state that has not consented to the Court's jurisdiction, the Court will not proceed to issue a judgment on the merits.


If the Court decides it has jurisdiction and the case is admissible, the respondent will then be required to file a Memorial addressing the merits of the applicant's claim. Once all written arguments are filed, the Court will hold a public hearing on the merits.


Once a case has been filed, any party (but usually the Applicant) may seek an order from the Court to protect the status quo pending the hearing of the case. Such orders are known as Provisional (or Interim) Measures and are analogous to interlocutory injunctions in United States law. Article 41 of the statute allows the Court to make such orders. The Court must be satisfied to have prima facie jurisdiction to hear the merits of the case before granting provisional measures. Look up Injunction in Wiktionary, the free dictionary. ... The law of the United States is derived from the common law of England, which was in force at the time of the Revolutionary War. ... Look up prima facie in Wiktionary, the free dictionary. ...


Applications to intervene

In cases where a third state's interests are affected, that state may be permitted to intervene in the case, and participate as a full party. Under Article 62, a state "with an interest of a legal nature" may apply; however, it is within the Court's discretion whether or not to allow the intervention. Intervention applications are rare - the first successful application occurred in 1990. This article is about the year. ...


Once deliberation has taken place, the Court will issue a majority opinion. Individual judges may issue separate opinions (if they agree with the outcome reached in the judgment of the court but differ in their reasoning) or dissenting opinions (if they disagree with the majority). No appeal is possible, though any party may ask for the court to clarify if there is a dispute as to the meaning or scope of the court's judgment.[19]


Criticisms

The International Court has been criticised with respect to its rulings, its procedures, and its authority. As with United Nations criticisms as a whole, many of these criticisms refer more to the general authority assigned to the body by member states through its charter than to specific problems with the composition of judges or their rulings. Major criticisms include: UN redirects here. ...

  • "Compulsory" jurisdiction is limited to cases where both parties have agreed to submit to its decision, and, as such, instances of aggression tend to be automatically escalated to and adjudicated by the Security Council.
  • Organizations, private enterprises, and individuals cannot have their cases taken to the International Court, such as to appeal a national supreme court's ruling. U.N. agencies likewise cannot bring up a case except in advisory opinions (a process initiated by the court and non-binding).
  • Other existing international thematic courts, such as the ICC, are not under the umbrella of the International Court.
  • The International Court does not enjoy a full separation of powers, with permanent members of the Security Council being able to veto enforcement of even cases to which they consented in advance to be bound.

The official logo of the ICC The International Criminal Court (ICC or ICCt)[1] was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression, although it cannot currently exercise jurisdiction over the crime of aggression. ... The Politics series Politics Portal This box:      Separation of powers is a term coined by French political Enlightenment thinker Baron de Montesquieu[1][2], is a model for the governance of democratic states. ...

See also

This is a list of cases and advisory opinions brought to the International Court of Justice since its creation in 1946. ... Some treaties that confer jurisdiction on the ICJ include[1]: American treaty on pacific settlement, Bogotá, 30 April 1948 Convention on the prevention and punishment of the crime of genocide, Paris, 9 December 1948 Revised act for the pacific settlement of international disputes, Lake Success, 28 April 1949 Convention relating... The Economic and Social Council (ECOSOC) of the United Nations assists the General Assembly in promoting international economic and social cooperation and development. ... The United Nations Secretariat is one of the principal organs of the United Nations and it is headed by the United Nations Secretary General, assisted by a staff of international civil servants worldwide. ... The United Nations Trusteeship Council, one of the principal organs of the United Nations, was established to help ensure that non-self-governing territories were administered in the best interests of the inhabitants and of international peace and security. ... The Tribunal building in The Hague. ... Wanted poster for the ICTR The International Criminal Tribunal for Rwanda (ICTR) is a court under the auspices of the United Nations for the prosecution of offenses committed in Rwanda during the genocide which occurred there during April, 1994, commencing on April 6. ... The official logo of the ICC The International Criminal Court (ICC or ICCt)[1] was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression, although it cannot currently exercise jurisdiction over the crime of aggression. ... Mundialization is all the ideas and actions expressing the solidarity of populations of the globe and aiming to establish institutions and supranational laws of a federative structure common to them, while respecting the diversity of cultures and peoples. ... A design for a World Citizen flag World Citizen badge World citizen is a term with a variety of meanings, often referring to a person who disapproves of traditional geopolitical divisions derived from national citizenship and approves world government and democracy. ...

Notes

  1. ^ Statute of the International Court of Justice. Accessed 31 August 2007.
  2. ^ ICJ Statute, Article 18(1)
  3. ^ Case Concerning Military and Paramilitary Activities In and Against Nicaragua (Nicaragua v USA), [1986] ICJ Reports 14, 158-60 (Merits) per Judge Lachs.
  4. ^ This occurred in the Legality of the Use by a State of Nuclear Weapons in Armed Conflict (Opinion requested by WHO), [1996] ICJ Reports 66.
  5. ^ Rules of Court of the International Court of Justice 1978 (as amended on 5 December 2000). Accessed 17 December 2005. See also Practice Directions I-XII (as at 30 July 2004). Accessed 17 December 2005.
  6. ^ Schwebel S "Ad Hoc Chambers of the International Court of Justice" (1987) 81 American Journal of International Law 831.
  7. ^ The jurisdiction is discussed in the entire Chapter XIV of the UN Charter (Articles 92-96. Full text
  8. ^ See the Nottebohm Case (Liechtenstein v Guatemala), [1955] ICJ Reports 4.
  9. ^ See List of treaties that confer jurisdiction on the ICJ.
  10. ^ Case Concerning United States Diplomatic and Consular Staff in Tehran (USA v Iran), [1979] ICJ Reports 7.
  11. ^ See Charney J "Compromissory Clauses and the Jurisdiction of the International Court of Justice" (1987) 81 American Journal of International Law 855.
  12. ^ See Alexandrov S Reservations in Unilateral Declarations Accepting the Compulsory Jurisdiction of the International Court of Justice (Leiden: Martinus Nijhoff, 1995).
  13. ^ For a complete list of countries and their stance with the ICJ, see Declarations Recognizing as Compulsory the Jurisdiction of the Court. Accessed 17 December 2005.
  14. ^ Australia, East Timor strike oil, gas deal by Bob Burton, Asia Times, May 17, 2005, accessed 4-21-06.
  15. ^ The UN General Assembly Requests a World Court Advisory Opinion On Israel's Separation Barrier, Pieter H.F. Bekker, ASIL (American Society of International Law) Insights, December 2003.
  16. ^ Case Concerning Military and Paramilitary Activities In and Against Nicaragua (Nicaragua v USA), [1986] ICJ Reports 14, 158-60 (Merits) per Judge Lachs.
  17. ^ Statute of the International Court of Justice, Article 38(2)
  18. ^ Schwebel S "Ad Hoc Chambers of the International Court of Justice" (1987) 81 American Journal of International Law 831.
  19. ^ Statute of the International Court of Justice, Article 60

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Further reading

  • Rosenne S, Rosenne's the world court: what it is and how it works 6th ed (Leiden: Martinus Nijhoff, 2003).

External links

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  • International Court of Justice, Official site
  • List of cases ruled upon by the ICJ since its creation in 1946
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  Results from FactBites:
 
Cornell Law Library - International Court of Justice Guide (2121 words)
The International Court of Justice (I.C.J.), located at The Hague, The Netherlands, is the main judicial organ of the United Nations.
The Compulsory Jurisdiction of the International Court of Justice.
The Extent of the Advisory Jurisdiction of the International Court of Justice.
The International Court of Justice - Survey of court practice, Judges of the court (290 words)
The International Court of Justice was established at the San Francisco Conference in 1945.
The International Court, however, is a principal organ of the UN, so that all UN members automatically become parties to its statute, which, modeled on that of the Permanent Court, was adopted as an integral part of the Charter.
The rules under which the court is constituted and by which it functions are laid down in the statute and detailed in rules adopted by the court itself.
  More results at FactBites »

 
 

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