International Court of Justice Activities

Introduction to International Court of Justice Activities

Disputes may be brought before the court in two ways. The first is by a special agreement between the parties in which they consent to submit the matter to the court. The second is by a unilateral application by one party in the dispute; this can occur, for example, if the applicant believes that its adversary is obliged by the terms of a particular treaty to accept the jurisdiction of the court in case of a dispute. Alternatively, nations that are parties to the statute may declare in advance their automatic acceptance of the court’s jurisdiction for certain or all types of legal disputes. This declaration is known as accepting compulsory jurisdiction. If the parties to a dispute have filed such declarations, and if the dispute between them falls within the bounds of the declarations, then either party may bring the case before the court. In 1985 United States president Ronald Reagan formally withdrew the long-standing U.S. declaration accepting the compulsory jurisdiction of the court. The United States remains a party to the statute, however, and continues to participate in cases submitted by special agreement or brought pursuant to a treaty to which it is a party.

The court renders judgments by applying international law as derived from treaties, widespread practices accepted as law (customs), and the general principles of law found in the major legal systems of the world. The court may also refer to past judicial decisions and the writings of experts in international law. The judgment of the court, which must contain the reasons for the decision, is final and binding, and no appeal may be made. The UN Security Council is empowered to take measures to enforce the decision of the court if the parties to the dispute fail to enforce it themselves. The Security Council has never been asked to enforce a judgment, however, because states generally comply with judgments-although not always quickly or wholeheartedly.

The court gives advisory opinions on legal questions to the UN General Assembly, the Security Council, and other UN organs and specialized agencies that have been authorized by the General Assembly to ask for such opinions or whose constitutions so permit. An example is the judgment of the court in 1962 that peacekeeping expenses in the Republic of the Congo (now the Democratic Republic of the Congo) and the Middle East constituted “expenses of the organization” to be paid by member states as apportioned by the General Assembly.” (1)

The Role of International Court of Justice (ICJ)

It is the chief judicial organ of the United Nations, and has jurisdiction over disputes between all members of the United Nations. (Learn more about the International Court of Justice here).

All members of the UN are automatically parties to the Statute of the International Court of Justice. The jurisdiction of the ICJ in “contentious disputes” between States is subject to the principle of consent. It can obtain jurisdiction in three ways:

• First, the States parties to a dispute may enter into an ad hoc agreement to refer a particular legal dispute to the court.
• Second, States can submit an “optional clause declaration” to the UN Secretary-General declaring that they accept the jurisdiction of the ICJ over certain categories of disputes with other States which have also filed an optional clause declaration. This category of disputes is quite rare, as many States are not willing to accept the jurisdiction of the ICJ in advance for wide categories of disputes.
• Third, many international conventions contain dispute settlement clauses called “compromissory clauses” allowing disputes between States parties to the convention to refer disputes concerning the interpretation or application of provisions of that convention to the ICJ by one of the parties to the dispute. Some conventions allow States to “opt out’ of such compromissory clauses.

If a dispute between two States is decided by the ICJ, the decision is final and binding as
between the parties to the case. It is not binding on other States. However, to the extent that the ICJ pronounces on issues of customary law or treaty law, its judgment will be treated as an
authoritative interpretation of international law by many States.
The ICJ also has advisory jurisdiction. The UN Security Council and the UN General Assembly
may request advisory opinions on any legal question. The UN General may also authorize other
UN organs or specialized agencies to request advisory opinions on legal questions arising within
the scope of their activities.

Topics

• Organs
• Fundamental Rights and Obligations
• Sovereignty
• Equality
• Peaceful Settlement of Disputes
• Obligations of Cooperation and Negotiation
• Succession of States
• Immunity of States
• Relationship between different Organs
• Interpretation of the Charter
• Maintenance of International Peace and Security
• Trusteeship System
• Specialized Agencies
• United Nations Administrative Tribunal
• Regional Arrangements
• Privileges and Immunities
• Treatymaking Capacity
• Conclusion
• Reservations
• Application
• Invalidity
• Suspension and Termination
• Interpretation
• Specific Treaties
• Convention on the Privileges and Immunities of the United Nations of 1946
• Inter-American Treaty of Reciprocal Assistance of 1947
• Geneva Convention on the Protection of Victims of War of 1949
• Treaty of Friendship Commerce and Navigation of 1956 between the United States and Nicaragua
• Treaty between the Allied and Associated Powers and the Kingdom of the Serbs, Croats and Slovenes on the Protection of Minorities of 1919
• Convention on the Prevention and Punishment of
• the Crime of Genocide of 1948
• Treaty of Friendship and Good Neighbourliness between
• the French Republic and the United Kingdom of Libya of 1955
• Convention on the Continental Shelf of 1958
• Doha Minutes
• Treaty of Amity Economic Relations and Consular Rights between the United States of America and Iran of 1955
• Convention on Privileges and Immunities of the United Nations of 1946
• Vienna Convention on Consular Relations
• 1891 Boundary Convention Between Netherlands and Great Britain
• Consequences of an Internationally Wrongful Act
• Countermeasures
• Internal Waters
• Maritime Zones
• Freedom of Navigation
• Fisheries
• Islands / Low-tide elevations
• INTERNATIONAL WATERCOURSES
• AIR AND SPACE LAW
• SELF DETERMINATION
• NATIONALITY
• General Questions
• Acquisition and Loss
• Diplomatic Protection
• MINORITIES
• LAW OF ALIENS
• General Questions
• Protection of Property
• HUMAN RIGHTS
• LAW OF ARMED CONFLICTS
• DISPUTE SETTLEMENT
• General Questions
• Judicial and Arbitral Decisions
• DIPLOMACY AND CONSULAR MATTERS
• INTERNATIONAL ECONOMIC LAW
• INTERNATIONAL ENVIRONMENTAL LAW
• EXTRADITION
• INTERNATIONAL CRIMINAL LAW
• General Questions
• Universal Jurisdiction
• DEPENDENT TERRITORIES
• Simultaneous seizing of the Court and the Security Council
• Mootness
• Jurisdiction on the basis of a previous judgment
• Jurisdiction and Third States
• Review of Arbitral Awards
• Concurring Jurisdictions
• Binding Effect / Compliance
• Provisional Measures and Merits
• Joinder
• Withdrawal of Suit
• Question of Costs

Other Basic Elements of the International Law

International Legal Personality

This refers to the entities or legal persons that can have rights and
obligations under international law. Learn more about International legal personality here.

Sovereignty of States over Territory

It is the exclusive right to exercise supreme political authority over a defined territory and the people within that territory. Learn more about Sovereignty of States over Territory here.

Sources of international law (International Obligations)

These sources are listed in the Article 38(1) of the
Statute of the International Court of Justice. Learn more about sources of international law (International Obligations) here.

Jurisdiction of States

This section covers mainly the Principles of Jurisdiction, and Immunities from Jurisdiction.

Resources

Notes and References

• Information about International Court of Justice Activities in the Encarta Online Encyclopedia

Further Reading

• Procedure in the International Court. by Shabtai Rosenne (Nijhoff, 1983). This publication contains a commentary on the 1978 Rules. Also, the Statute, Rules of the Court, and the UN Charter are fully indexed.
• Bibliography of the International Court of Justice . The Hague: The Court, 1947-. Annual.
• Kdhir, Moncef. Dictionnaire juridique de la Court internationale de justice. Bruxelles: Bruylant, 1997.
• The Law and Practice of the International Court. by Shabtai Rosenne (Nijhoff, 1997). Thorough view of the Court including history, organization, jurisdiction, contentious practice and procedure, and advisory practice and procedure. There is also a concordance of the 1978, 1972, 1936/1947, and 1922/1926/1931 Rules of the Court.
• The World Court: What It Is and How It Works. Shabtai Rosenne (Nijhoff, 1989). In addition to an introduction to the Court, this useful work contains the Rules, the Statute, a list of parties to the Statute, judicial statistics, and the composition of the Court from 1922-1988.
• Milles, James. International Court of Justice: A Selected Bibliography of Law Review Articles. Monticello, Ill.: Vance, 1985. Publications of the International Court of Justice: Catalogue. The Hague: I.C.J., 1992. From the 1946 establishment of the Court until 1992.
• The International Court of Justice: Process, Practice and Procedure. D. W. Bowett and others; (London: B.I.I.C.L., 1997).