Statute of the International Court of Justice 3

Statute of the International Court of Justice

 

Article 16.(1) No member of the Court may exercise any political or
administrative function, or engage in any other occupation of a
professional nature.

(2) Any doubt on this point shall be settled by the decision of the Court.

Article 17.(1) No member of the Court may act as agent, counsel, or
advocate in any case.

(2) No member may participate in the decision of any case in which he has
previously taken part as agent, counsel or advocate for one of the parties,
or as a member of a national or international court, or of a commission of
enquiry, or in any other capacity.

(3) Any doubt on this point shall be settled by the decision of the Court.

Article 18. (1) No member of the Court can be dismissed unless, in the
unanimous opinion of the other members, be has ceased to fulfil the
required conditions.

(2) Formal notification thereof shall be made to the Secretary-General by
the Registrar.

(3) This notification makes the place vacant.

Article 19. The members of the Court, when engaged in the business of the
Court, shall enjoy diplomatic privileges and immunities.

Article 20. Every member of the Court shall, before taking up his duties,
make a solemn declaration in open court that he will exercise his powers
impartially and conscientiously.

Article 21. (1) The Court shall elect its President and Vice-President for
three years; they may be re-elected.

(2) The Court shall appoint its Registrar and may provide for the
appointment of such other officers as may be necessary.

Article 22. (1) The seat of the Court shall be established at The Hague.
This, however, shall not prevent the Court from sitting and exercising its
functions elsewhere whenever the Court considers it desirable.

(2) The President and the Registrar shall reside at the seat of the Court.

Article 23.(1) The Court shall remain permanently in session. except during
the judicial vacations, the dates and duration of which shall be fixed by
the Court.

(2) Members of the Court are entitled to periodic leave, the dates and
duration of which shall be fixed by the Court, having in mind the distance
between The Hague and the home of each judge.

(3) Members of the Court shall be bound, unless they are on leave or
prevented from attending by illness or other serious reasons duly explained
to the President, to hold themselves permanently at the disposal of the
Court.

Article 24. (1) If, for some special reason, a member of the Court
considers that he should not take part in the decision of a particular
case, he shall so inform the President.

(2) If the President considers that for some special one of the members of
the Court should not sit in a particular case, he shall give him notice
accordingly.

(3) If in any such case the member of the Court and the President disagree,
the matter shall be settled by the decision of the Court.

Article 25 (1) The full Court shall sit except when it is expressly
provided otherwise in the present Statute.

(2) Subject to the condition that the number of judges available to
constitute the Court is not thereby reduced below eleven, the Rules of the
Court may provide for allowing one or more judges, according to
circumstances and in rotation, to be dispensed from sitting.

(3) A quorum of nine judges shall suffice to constitute the Court.

Article 26.(1) The Court may from time to time form one or more chambers,
composed of three or more judges as the Court may determine, for dealing
with particular categories of cases; for example, labour cases and cases
relating to transit and communications.

(2) The Court may at any time form a chamber for dealing with a particular
case. The number of judges to constitute such a chamber shall be determined
by the Court with the approval of the parties.

(3) Cases shall be heard and determined by the chambers provided for in
this Article if the parties so request.

Article 27. A judgment given by any of the chambers provided for in
Articles 26 and 29 shall be considered as rendered by the Court.

Article 28. The chambers provided for in Articles 26 and 29 may, with the
consent of the parties, sit and exercise their functions elsewhere than at
The Hague.

Article 29. With a view to the speedy dispatch of business, the Court shall
form annually a chamber composed of five judges which, at the request of
the parties, may hear and determine cases by summary procedure. In
addition, two judges shall be selected for the purpose of replacing judges
who find it impossible to sit.

Article 30.(1) The Court shall frame rules for carrying out its functions.
In particular, it shall lay down rules of procedure.

(2) The Rules of the Court may provide for assessors to sit with the Court
or with any of its chambers, without the right to vote.

Article 31.(1) Judges of the nationality of each of the parties shall
retain their right to sit in the case before the Court.

(2) If the Court includes upon the Bench a judge of the nationality of one
of the parties, any other party may choose a person to sit as judge. Such
person shall be chosen preferably from among those persons who have been
nominated as candidates as provided in Articles 4 and 5.

(3) If the Court includes upon the Bench no judge of the nationality of the
parties, each of these parties may proceed to choose a judge as provided in
paragraph 2 of this Article.

(4) The provisions of this Article shall apply to the case of Article 26
and 29. In such cases, the President shall request one or, if necessary two
of the members of the Court forming the chamber to give place to the member
of the Court of the nationality of the parties concerned, and, failing
such, or if they are unable to be present, to the judges specially chosen
by the parties.

(5) Should there be several parties in the same interest, they shall, for
the purpose of the preceding provisions, be reckoned as one party only. Any
doubt upon this point shall be settled by the decision of the Court.

(6) Judges chosen as laid down in paragraphs 2, 3, and 4 of this Article
shall fulfil the conditions required by Articles 2, 17 (paragraph 2), 20,
and 24 of the present Statute. They shall take part in the decision on
terms of complete equality with their colleagues.

Article 32.(1) Each member of the court shall receive an annual salary.

(2) The President shall receive a special annual allowance.

(3) The Vice-President shall receive a special allowance for every day on
which he acts as President.

(4) The judges chosen under Article 31, other than members of the Court,
shall receive compensation for each day on which they exercise their
functions.

(5) These salaries, allowances. and compensation shall be fixed by the
General Assembly. They may not be decreased during the term of office.

(6) The salary of the Registrar shall be fixed by the General Assembly on
the proposal of the Court.

(7) Regulations made by the General Assembly shall fix the conditions under
which retirement pensions may be given to members of the Court and to the
Registrar and the conditions under which members of the Court and the
Registrar shall have their travelling expenses refunded.

(8) The above salaries, allowances, and compensation shall be free of all
taxation.

Article 33. The expenses of the Court shall be borne by the United Nations
in such a manner as shall be decided by the General Assembly.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

.

Mentioned in these Entries</h.

Mentioned in these Entries</h.

Mentioned in these Entries</h.

Mentioned in these Entries</h.

Mentioned in these Entries</h.


Posted

in

, ,

by

Tags:

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *