Discuss composition as well as jurisdictions of International Court of
Justice.
Ans: - International Court of Justice (ICJ) is the successor of the
Permanent Court of International Justice. The statute of Permanent Court of
Justice has been adopted for the International Court of Justice (hereinafter
referred as ‘Court’). The establishment of the Court became necessary
because to attain the end of International law there must be a judicial organ.
So, the Court is the ‘Principle Judicial Organ’ of the International
Organization.
Composition: - The composition of the Court may be explained as
under:
1. Strength: The Court is consisted of fifteen judges. And not more that
one judge shall be elected from one state, for the Court at a given time.
2. Qualifications: The candidate for the office of judge in the Court shall
possess the following qualifications:
a). He should be independent.
b). He should be a person of high moral character.
c). He must be qualified for the appointment of the highest judicial offices in
his country.
3. Nature of the office :The nature of the office of judge for the Court is
elective. In other words the judges for the Court shall be elected in General
Assembly and Security Council.
4. Election: - General Assembly and Security Council shall conduct the
election of the judges of the Court independently, but simultaneously. These
two organs shall elect the judges from the list of nominees prepared by the
national groups in the Permanent Court of Arbitration.
5. Term of office: The term of the office for the judge of the Court is nine
years, however, five of them shall be retired after each three years and so,
for such vacancies election shall also be conducted after each five years as to
maintain the strength to fifteen.
6. Obligations of Judges: Any person who has so been elected as a
judge of the Court is bound to;
a). refrain from all political and administrative functions,
b). refrain from being council, agent or advocate in any case, and
c). not participate in any case in which he has previously has taken part as
agent, counsel or advocate for one of the parties.
7. Quorum of the Court: - The quorum of the Court is fixed at nine
judges.
8. President of the Court: After each period of three years the Court
shall elect its president. The president shall preside the cases of the Court.
But if in a case any party is his national he shall not be entitled to as act as
president.
9. Voice-President of the Court: Along with the election of the
president the shall also elect its voice-president. Voice president shall act as
president in a case where president is not present or where president is not
entitle for presidency due to one of the parties to the case is being his
national.
Jurisdiction: - Broadly speaking there are two kinds of jurisdiction of
the Court as follows;
I. Contentious Jurisdiction, and
II. Advisory Jurisdiction.
I. Contentious Jurisdiction: - That That jurisdiction of the Court on the
basis of which the Court decides any case with the consent of the parties to
the case, is called Contentious Jurisdiction.’ It is fundamental principle of
international law that without the consent of any party to a case, the same
shall not be referred to mediation or arbitration. Contentious Jurisdiction is
ofthree kinds which may be given as under:
i. Voluntary Jurisdiction.
ii. Ad hoc Jurisdiction.
iii. Compulsory Jurisdiction.
i). Voluntary Jurisdiction: - That jurisdiction which the parties by
virtue of an agreement or treaty confer on Court is called Voluntary
Jurisdiction. in voluntary jurisdiction the parties to a dispute give their assent
for the jurisdiction of the Court in advance.
ii). Ad hoc Jurisdiction:That jurisdiction of the Court when the parties,
after the occurrence of the dispute, confers on Court and in which the Court
has no right to take up the case, is said to be Ad hoc Jurisdiction.
iii). Compulsory Jurisdiction: Compulsory Jurisdiction means that
type of jurisdiction which the Court enjoys without the consent of the
parties. In case of Compulsory Jurisdiction, the Court is to be empowered to
take up a case with out the consent of the parties like municipal Courts.
II. Advisory Jurisdiction: Advisory Jurisdiction means that the
jurisdiction of the
Court by which it may only gives an advisory opinion on a question of law.
This does not require the consent of the parties to a case but when any
International Institute (General Assembly or Security Council) ask the Court
to give an advisory opinion on the question. This opinion is not binding on
the parties. So, the case may be referred by an international organization or
by any organs within the scope of their activities

INTERNATIONAL COURT OF JUSTICE

  • 1.
    Discuss composition aswell as jurisdictions of International Court of Justice. Ans: - International Court of Justice (ICJ) is the successor of the Permanent Court of International Justice. The statute of Permanent Court of Justice has been adopted for the International Court of Justice (hereinafter referred as ‘Court’). The establishment of the Court became necessary because to attain the end of International law there must be a judicial organ. So, the Court is the ‘Principle Judicial Organ’ of the International Organization. Composition: - The composition of the Court may be explained as under: 1. Strength: The Court is consisted of fifteen judges. And not more that one judge shall be elected from one state, for the Court at a given time. 2. Qualifications: The candidate for the office of judge in the Court shall possess the following qualifications: a). He should be independent. b). He should be a person of high moral character. c). He must be qualified for the appointment of the highest judicial offices in his country. 3. Nature of the office :The nature of the office of judge for the Court is elective. In other words the judges for the Court shall be elected in General Assembly and Security Council. 4. Election: - General Assembly and Security Council shall conduct the election of the judges of the Court independently, but simultaneously. These two organs shall elect the judges from the list of nominees prepared by the national groups in the Permanent Court of Arbitration. 5. Term of office: The term of the office for the judge of the Court is nine years, however, five of them shall be retired after each three years and so,
  • 2.
    for such vacancieselection shall also be conducted after each five years as to maintain the strength to fifteen. 6. Obligations of Judges: Any person who has so been elected as a judge of the Court is bound to; a). refrain from all political and administrative functions, b). refrain from being council, agent or advocate in any case, and c). not participate in any case in which he has previously has taken part as agent, counsel or advocate for one of the parties. 7. Quorum of the Court: - The quorum of the Court is fixed at nine judges. 8. President of the Court: After each period of three years the Court shall elect its president. The president shall preside the cases of the Court. But if in a case any party is his national he shall not be entitled to as act as president. 9. Voice-President of the Court: Along with the election of the president the shall also elect its voice-president. Voice president shall act as president in a case where president is not present or where president is not entitle for presidency due to one of the parties to the case is being his national. Jurisdiction: - Broadly speaking there are two kinds of jurisdiction of the Court as follows; I. Contentious Jurisdiction, and II. Advisory Jurisdiction. I. Contentious Jurisdiction: - That That jurisdiction of the Court on the basis of which the Court decides any case with the consent of the parties to the case, is called Contentious Jurisdiction.’ It is fundamental principle of international law that without the consent of any party to a case, the same shall not be referred to mediation or arbitration. Contentious Jurisdiction is
  • 3.
    ofthree kinds whichmay be given as under: i. Voluntary Jurisdiction. ii. Ad hoc Jurisdiction. iii. Compulsory Jurisdiction. i). Voluntary Jurisdiction: - That jurisdiction which the parties by virtue of an agreement or treaty confer on Court is called Voluntary Jurisdiction. in voluntary jurisdiction the parties to a dispute give their assent for the jurisdiction of the Court in advance. ii). Ad hoc Jurisdiction:That jurisdiction of the Court when the parties, after the occurrence of the dispute, confers on Court and in which the Court has no right to take up the case, is said to be Ad hoc Jurisdiction. iii). Compulsory Jurisdiction: Compulsory Jurisdiction means that type of jurisdiction which the Court enjoys without the consent of the parties. In case of Compulsory Jurisdiction, the Court is to be empowered to take up a case with out the consent of the parties like municipal Courts. II. Advisory Jurisdiction: Advisory Jurisdiction means that the jurisdiction of the Court by which it may only gives an advisory opinion on a question of law. This does not require the consent of the parties to a case but when any International Institute (General Assembly or Security Council) ask the Court to give an advisory opinion on the question. This opinion is not binding on the parties. So, the case may be referred by an international organization or by any organs within the scope of their activities