International Court of Justice Issues

International Court of Justice in 2013

United States views on international law [1] in relation to International Court of Justice: On March 29, 2013, the State Department issued a press statement expressing the United States’ strong support for the candidacy of Judge Joan E. Donoghue for reelection to the International Court of Justice in 2014. The statement is available at (Secretary of State website) state.gov/r/pa/prs/ps/2013/03/206812.htm and includes the following:

Judge Donoghue has served with distinction as an ICJ judge since her election by the United Nations Security Council and the United Nations General Assembly on September 9, 2010 to complete the term of Judge Thomas Buergenthal. Before joining the Court, Judge Donoghue had a long and distinguished career in the service of international law including serving as the senior career lawyer at the State Department and teaching at several U.S. law schools.

The ICJ is the principal judicial organ of the United Nations and plays a vital role in the development of international law, in dispute resolution and in the promotion of the rule of law. Elections to fill judicial vacancies on the ICJ for a term running from 2015 until 2024 will be held during the UN General Assembly session in 2014.

Some Aspects of International Court of Justice

On October 31, 2013, Ambassador Elizabeth Bagley, Senior Advisor for the U.S. Mission to the UN, delivered remarks on the report of the International Court of Justice at the UN in New York. Ambassador Bagley’s remarks are available at (link resource) usun.state.gov/briefing/statements/216244.htm and are excerpted below.

Developments

We would like to thank President Tomka for his leadership as president of the International Court of Justice, and for his recent report regarding the activities of the Court over the past year. We are struck by the continuing forward momentum of the Court reflected in the report. Over the last year, the Court issued two judgments and six orders, and held hearings open to the public in four complex cases. In addition, the Court has in its pipeline ten more contentious cases spanning the gamut of issues including border disputes, environmental matters, and the interpretation of treaties among multilateral parties, just to reference a few. Five of the pending cases are between Latin American states, two between European states, one between African states, and one between Asian states, while one is intercontinental in character. Truly, the case load of the Court is global and mirrors the work of the General Assembly itself in this regard.

Details

The International Court of Justice is the principal judicial organ of the United Nations. The preamble of the Charter underscores the determination of its drafters “to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained.” This goal lies at the core of the Charter system, and in particular the role of the Court. Taking stock today of approximately 70 years of ICJ jurisprudence, it is clear that the Court has made a significant contribution to establishing legal norms and clarifying legal principles in multiple areas of international law.

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We see an increased tendency among States—reaffirmed again this past year—to take disputes to the Court and to vigorously advocate on behalf of their interests before the Court. In turn the Court has continued to become more responsive to them in multiple ways, including through measures to enhance its efficiency to cope in a timely way with the increase in its workload, and its commitment to continually review and refine its procedures and working methods to keep pace with the rapidly changing times. By working to resolve some disputes up front, helping to diffuse other disputes before those conflicts escalate, and providing a trusted channel for states to address and resolve disputes about legal issues, the Court is fulfilling its Chapter XIV mandate. We hope the Court will continue to receive appropriate resources for carrying out its important functions.

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We also want to commend the Court’s continued public outreach to educate key sectors of society—law professors and students; judicial officials and government officials; and the general public—on the work of the Court and to increase understanding of the ICJ’s work. From a transparency standpoint, we note, in particular, that the Court’s recordings are now available to watch live and on demand on UN Web TV. All these efforts complement and expand the efforts of the United Nations to promote the rule of law globally and promote a better understanding of public international law.

The Organization of the ICJ and the personnel of the International Court of Justice

In the context of the International Court of Justice:

The Judges-Qualifications

This subsection covers The Judges-Qualifications in relation to the personnel of the International Court of Justice.

Nomination of Candidates

This subsection covers Nomination of Candidates in relation to the personnel of the International Court of Justice.

The System of Election

This subsection covers The System of Election in relation to the personnel of the International Court of Justice.

Meeting’ and ‘Ballot’

This subsection covers Meeting’ and ‘Ballot’ in relation to the personnel of the International Court of Justice.

Procedure in the General Assembly

This subsection covers Procedure in the General Assembly in relation to the personnel of the International Court of Justice .

Procedure in the Security Council

This subsection covers Procedure in the Security Council in relation to the personnel of the International Court of Justice .

The Avoidance of Deadlock

This subsection covers The Avoidance of Deadlock in relation to the personnel of the International Court of Justice .

Occasional Elections

This subsection covers Occasional Elections in relation to the personnel of the International Court of Justice .

The Frequency of Elections

This subsection covers The Frequency of Elections in relation to the personnel of the International Court of Justice .

Evaluation of Electoral System

This subsection covers Evaluation of Electoral System in relation to the personnel of the International Court of Justice .

Term of Office of Judges

This subsection covers Term of Office of Judges in relation to the personnel of the International Court of Justice .

Judges’ Solemn Declaration

This subsection covers Judges’ Solemn Declaration in relation to the personnel of the International Court of Justice .

The Presidency

This subsection covers The Presidency in relation to the personnel of the International Court of Justice .

Abstention of President in Particular Case

This subsection covers Abstention of President in Particular Case in relation to the personnel of the International Court of Justice .

Precedence of Judges

This subsection covers Precedence of Judges in relation to the personnel of the International Court of Justice .

Resignation of Judge

This subsection covers Resignation of Judge in relation to the personnel of the International Court of Justice .

Removal of Judge

This subsection covers Removal of Judge in relation to the personnel of the International Court of Justice .

Compatibility of Functions

This subsection covers Compatibility of Functions in relation to the personnel of the International Court of Justice .

Disqualification and Abstention of Judge in a Particular Case

This subsection covers Disqualification and Abstention of Judge in a Particular Case in relation to the personnel of the International Court of Justice .

The Quorum

This subsection covers The Quorum in relation to the personnel of the International Court of Justice .

The Composition of the Bench

This subsection covers The Composition of the Bench in relation to the personnel of the International Court of Justice .

Chambers

This subsection covers Chambers in relation to the personnel of the International Court of Justice .

The Concept of Judge Ad Hoc

This subsection covers The Concept of Judge Ad Hoc in relation to the personnel of the International Court of Justice .

The Appointment of the Judge Ad Hoc

This subsection covers The Appointment of the Judge Ad Hoc in relation to the personnel of the International Court of Justice .

Parties in the Same Interest

This subsection covers Parties in the Same Interest in relation to the personnel of the International Court of Justice .

Qualifications of Judge Ad Hoc

This subsection covers Qualifications of Judge Ad Hoc in relation to the personnel of the International Court of Justice .

Registrar, Deputy-Registrar and Staff

This subsection covers Registrar, Deputy-Registrar and Staff in relation to the personnel of the International Court of Justice .

Assessors

This subsection covers Assessors in relation to the personnel of the International Court of Justice .

Experts of the International Court of Justice

This subsection covers Experts of the International Court of Justice in relation to the personnel of the International Court of Justice .

Representation of the Parties

This subsection covers Representation of the Parties in relation to the personnel of the International Court of Justice .

Witnesses and Experts of the Parties

This subsection covers Witnesses and Experts of the Parties in relation to the personnel of the International Court of Justice .

Diplomatic Privileges and Immunities

This subsection covers Diplomatic Privileges and Immunities in relation to the personnel of the International Court of Justice .

The Organization of the ICJ: finace and property

In the context of the International Court of Justice:

The League System

This subsection covers The League System in relation to finace and property of the International Court .

The 1945 Provisions

This subsection covers The 1945 Provisions in relation to finace and property of the International Court .

The International Court of Justice’s Expenditure

This subsection covers The International Court of Justice’s Expenditure in relation to finace and property of the International Court .

Unforeseen Expenditure

This subsection covers Unforeseen Expenditure in relation to finace and property of the International Court .

The International Court of Justice’s Income

This subsection covers The International Court of Justice’s Income in relation to finace and property of the International Court .

Judges’ Salaries

This subsection covers Judges’ Salaries in relation to finace and property of the International Court .

The Revision of 1950

This subsection covers The Revision of 1950 in relation to finace and property of the International Court .

The Revision of 1961

This subsection covers The Revision of 1961 in relation to finace and property of the International Court .

Registrar’s Salary

This subsection covers Registrar’s Salary in relation to finace and property of the International Court .

Registry Staff’s Salary

This subsection covers Registry Staff’s Salary in relation to finace and property of the International Court .

Tax Equalization–Staff Assessment

This subsection covers Tax Equalization–Staff Assessment in relation to finace and property of the International Court .

Travelling and Subsistence Allowances

This subsection covers Travelling and Subsistence Allowances in relation to finace and property of the International Court .

Witnesses and Experts

This subsection covers Witnesses and Experts in relation to finace and property of the International Court .

Appraisal of Budgetary Arrangements

This subsection covers Appraisal of Budgetary Arrangements in relation to finace and property of the International Court .

Judges’ Pensions

This subsection covers Judges’ Pensions in relation to finace and property of the International Court .

The Pension Plan of 1946

This subsection covers The Pension Plan of 1946 in relation to finace and property of the International Court .

The Revised Pension Plan of 1960

This subsection covers The Revised Pension Plan of 1960 in relation to finace and property of the International Court .

The Revision of 1963

This subsection covers The Revision of 1963 in relation to finace and property of the International Court .

The Financing of the Pension Plan

This subsection covers The Financing of the Pension Plan in relation to finace and property of the International Court .

Registrar’s Pension

This subsection covers Registrar’s Pension in relation to finace and property of the International Court .

Registry Staff’s Pension

This subsection covers Registry Staff’s Pension in relation to finace and property of the International Court .

International Court of Justice’s Property: General Remarks

This subsection covers International Court of Justice’s Property: General Remarks in relation to finace and property of the International Court .

Seat of the International Court of Justice

This subsection covers Seat of the International Court of Justice in relation to finace and property of the International Court .

Intangible Property

This subsection covers Intangible Property in relation to finace and property of the International Court .

The Organization of the ICJ: the registry and its work

In the context of the International Court of Justice:

Organization of the Registry

This subsection covers Organization of the Registry in relation to the registry and its work (in the framework of the International Court of Justice) .

Staff Regulations

This subsection covers Staff Regulations in relation to the registry and its work (in the framework of the International Court of Justice) .

Instructions for the Registry

This subsection covers Instructions for the Registry in relation to the registry and its work (in the framework of the International Court of Justice) .

The Registry’s Duties

This subsection covers The Registry’s Duties in relation to the registry and its work (in the framework of the International Court of Justice) .

Publications of the International Court of Justice

This subsection covers Publications of the International Court of Justice in relation to the registry and its work (in the framework of the International Court of Justice) .

Judicial Sessions

This subsection covers Judicial Sessions in relation to the registry and its work (in the framework of the International Court of Justice) .

Relations with the Press

This subsection covers Relations with the Press in relation to the registry and its work (in the framework of the International Court of Justice) .

Postal Services

This subsection covers Postal Services in relation to the registry and its work (in the framework of the International Court of Justice) .

Resources

Notes

1. International Court of Justice in the Digest of United States Practice in International Law