1. LECTURE 11 ICJ
• INTERNATIONAL COURT OF JUSTICE
•
• The statute of the ICJ consists of 70 articles
and is annexed to the UN Charter.
•
• A UN member is an automatic member and
signatory to the statutes.
2. 11.1 ICJ
• Article 30 (1) of the statute “ the court shall
frame rules for carrying out its functions. In
particular it shall lay down rules of procedure”
•
• The court consists of 15 judges elected on
separate elections by security council and the
GA for the term of 9 years in such a way a 3
of the retire every 3 years but may be re-
elected.
3. 11.2
• The judges are persons “who possesses the
qualification required in their respective
countries for appointment to the highest
judicial offices or juriconsults of recognised
competence in IL.
• A party to a dispute before the court may
appoint ad hoc judge of its nationality on the
panel such judge enjoys immunity as head of
mission this based on insight he may have on
the case.
4. 11.3
• The court may appoint assessors in
cases with complicated details. Parties
who may ask for a case to be decided in
chambers with lesser formalities, rather
than often court may also introduce
assessors.
5. 11.4
• Jurisdiction
• The court has jurisdiction over parties that
have given their consent to be bound.
• - by accepting the provisions of the
statute
• - given an undertaking to comply with the
decision in good faith.
• - Undertaken to contribute in defraying
the expenses of the court
6. 11.5
• Only states may take part in contentious
proceedings but they may call for
information from international
institutions that may also furnish proprio
motu
7. 11.6
• If other states have interests in the case
they obtain permission of the court to
intervene. In EASTERN KERALIA
CASE PCIJ Rep series B No 5 the PCIJ
used its discretion not to exercise
discretion in the absence of party that
had interest in the matter.
8. 11.7
• The withdrawal of US from Case concerning
military and para-military activities in and
against Nicaragua ICJ Rep 1986 p. 14 after
an adverse judgement had been given never
stopped the ICJ from proceeding with the
case
• A number of individual petition the court but
article 34 of the statute clearly state “only
states may be parties in cases before the
court”
9. 11.8
• The court has jurisdiction over all cases
that parties refer that is provided for in
the Charter of the UN on in treaties and
conventions in force.
• If one part brings the case, provided the
other party recognise it the case is
brought under forum prorofin.
10. 11.9
• Optional Clause
•
• A state may recognise the jurisdiction of
the court as compulsory in legal
disputes provided the other state
accepts the same jurisdiction:
11. 11.10
• a) the interpretation of the treaty
• b) any question of the international law
• c) the existence of any fact which if
established constitute a breach of
international obligation.
• d) the nature or extent of the reparation
to be made for the breach of
international obligation.
12. 11.11
• Such declarations may be made
• -conditionally
• -unconditionally
• -on reciprocity
• -for a time
• Many declarations limit the jurisdiction of the
court to cases arising after declarations.
Some declarations excludes dispute in which
the parties agree to settle in other way.
13. 11.12
• Advisory Jurisdiction
• International institutional cannot appear
as parties to contentious proceedings.
• The advisory procedure is not available
to states.
• The fact that advice has political
connotation it means the advice may be
subject to controversy.
14. 11.13
• Effects of Decisions and Advisory Opinion of
ICJ
• The decisions are final binding to parties
involved
• Between may 1947 and July 1987 the court
had 57 cases and delivered 49 judgements
and 18 advisory opinions and majority of the
judgement were followed.
15. 11.14
• Were compliancy failed the injured state will
bring the matter to UNSC, which make
recommendations or take appropriate
measures.
• Court decides questions of its own
jurisdictions and may interpret its judgement if
there is some disagreement among parties as
to meaning and scope.
16. 11.15
• The court may revise judgement if the court
or party claiming the revision was unaware of
the decisive fact provided the ignorance was
not due to negligence on its part.
• Unlike judgements advisory opinions are not
legally binding and the organs or agencies
requesting them are not obliged to follow
them.
17. 11.16
• The court no function over the execution
of its judgements which may thus be
enforced through self help, co-operation
of third state, recourse to municipal
courts and actions by international
institutions.
