Overview
This lecture explains the structure, functions, and significance of the International Court of Justice (ICJ) as the principal judicial organ of the United Nations that settles disputes between states and issues advisory opinions on legal questions.
Purpose and Role of the ICJ
- The ICJ settles disputes between states over borders, territories, treaty violations, and maritime zones.
- It provides legal opinions to the United Nations and its agencies on international law issues.
- The ICJ is the main judicial organ of the UN and is located in The Hague, Netherlands.
- It is not a criminal court and only hears cases between states, not individuals.
Structure and Composition
- The court consists of 15 independent judges elected for nine-year terms by the UN General Assembly and Security Council.
- Judges are from different countries, with a geographic balance (Africa, Latin America, Asia, Western and Eastern Europe).
- There is always one judge from each permanent member of the UN Security Council in practice.
- States involved in a case without a national judge may appoint a judge ad hoc for that case.
- The court elects a president and vice president every three years.
- The Registrar, elected for seven years, manages the court's administration.
Jurisdiction and Proceedings
- The ICJ hears contentious cases (between states) and gives advisory opinions (to UN organs/agencies).
- Consent of the involved states is required for the ICJ to hear a case.
- Proceedings involve written submissions followed by oral arguments.
- Deliberations are confidential, decisions are made by majority, and judgments are final and binding without appeal.
- States can appeal to the Security Council if a judgment is not followed, though this is rare.
Types of Cases and Impact
- Most cases involve border disputes, maritime delimitation, humanitarian law, environmental law, or state responsibility.
- Advisory opinions are not binding but carry significant legal and moral weight.
- The ICJ's rulings often help de-escalate crises, normalize relations, and promote negotiation between countries.
Efficiency and Authority
- The ICJ can issue urgent orders quickly and resolves most major cases within five years.
- Its budget is less than 1% of the total UN budget.
- The ICJ supports the UN’s goal of maintaining and strengthening international peace and security.
Key Terms & Definitions
- International Court of Justice (ICJ) — The principal UN judicial organ that settles disputes between states under international law.
- Contentious Case — A legal dispute between states brought before the ICJ for resolution.
- Advisory Opinion — A non-binding legal interpretation provided by the ICJ at the request of a UN body or agency.
- Judge ad hoc — A judge appointed to the ICJ by a party state involved in a case when there is no judge of its nationality on the bench.
- Registrar — The official responsible for administration, diplomacy, and judicial support at the ICJ.
Action Items / Next Steps
- Review examples of landmark ICJ cases for a deeper understanding of its influence.
- Read the UN Charter and ICJ Statute for specific legal frameworks.
- Prepare questions about ICJ procedures for the next class discussion.