The International Court of Justice (ICJ), situated at The Hague, is the principal judicial organ of the United Nations, established under Chapter XIV of the UN Charter.
1. Composition and Structure
- Consists of 15 judges elected to 9-year terms by the UN General Assembly and Security Council voting independently.
- No two judges can be nationals of the same state. Elections are held every three years for five seats. Quorum requires 9 judges.
2. Types of Jurisdiction
Only states may be parties in cases before the Court (Article 34 of the Statute). The ICJ possesses three types of jurisdiction:
- Voluntary / Forum Prorogatum Jurisdiction: When disputing states mutually agree to refer their dispute to the Court.
- Compulsory Jurisdiction (Article 36(2) - Optional Clause): States parties to the Statute may declare that they recognize as compulsory, in relation to any other state accepting the same obligation, the jurisdiction of the Court in all legal disputes concerning treaty interpretation, questions of international law, or breach of obligation.
- Advisory Jurisdiction (Article 65): The Court may give an advisory opinion on any legal question at the request of the General Assembly, the Security Council, or other authorized UN organs. (Advisory opinions are non-binding but carry immense moral and legal weight).
3. Enforcement of Judgments (Article 94)
Each UN member undertakes to comply with the decision of the ICJ in any case to which it is a party. If any party fails to perform its obligations under an ICJ judgment, the other party may appeal to the Security Council, which may make recommendations or decide upon measures to give effect to the judgment.