The International Court of Justice (ICJ) | International Law

1) Introduction - 

        The International Court of Justice is an organ of the United Nations. One of the main object of the United Nations is to bring about by peaceful means and in conformity with the principles of justice and International Law. Adjustment or settlement of International dispute or situations which might lead to a breach of peace. In order to achieve this purpose, it was essential to establish a judicial organ of the United Nations Organisation.
        Article 92 of the Charter specifically provides that the International Court of Justice shall be the principle of judicial organ of the United Nations which shall function in accordance with the Annexed Statute, which is based upon the Statue of the Permanent Court of International Justice.
       Any state which is not a member of the United Nations may also become a party of the Statute of International Court of Justice on the Recommendation of Security Council and on the condition laid down by the General Assembly.

2) Composition -  

         International Court of Justice consists of 15 judges who are elected by the General Assembly and Security Council separately. The judges are elected regardless of their nationality from among the persons of high moral character, who possess the qualifications required in their respective countries for appointment to the highest judicial offices, or jurisconsults of recognized competence in International Law. but there are explicit provisions no two judges can be nationals of the same State. The court elects its President and Vice-President for a period of 3 years. And they are eligible for re-election. All decisions which are based on the principles of International Law are final and there is no appeal.


(i) Terms -

            Judges of the court are elected for 9 years and maybe Re-elected.  As a result of transitional provisions applied to the 1946 elections with a view to ensuring the gradual renewal of the bench the terms of 5 of the 15 judges expire at the end of every 3 years.  In order to protect the members of the Court against any political pressure it is provided that no judge can be dismissed unless, in the unanimous opinion of the other Judges, he has ceased to fulfill the required condition.

(ii) Decision 

            The decision is taken on the majority of the Judges. The president of the court is empowered to give casting vote in case of tie.

       See Also..... Jurisdiction of the International Court of Justice (ICJ)

(iii) Immunities 

       The members of the International Court of Justice enjoy diplomatic privileges and immunities. The agent, Council, and advocates of parties before the court also enjoy the privileges and immunities necessary for the independent exercise of their duties. 

(iv) Remuneration 

          According to Article 32 of the Statute of International Court of Justice, each member of the Court shall receive an annual salary. The President shall receive a special annual allowance. The Vice-President shall receive a special allowance for every day on which he acts as President. The judges chosen under Article 31, other than members of the Court, shall receive compensation for each day on which they exercise their functions. These salaries, allowances, and compensation shall be fixed by the General Assembly. They may not be decreased during the term of office. The salary of the Registrar shall be fixed by the General Assembly on the proposal of the Court. Regulations made by the General Assembly shall fix the conditions under which retirement pensions may be given to members of the Court and to the Registrar, and the conditions under which members of the Court and the Registrar shall have their traveling expenses refunded.The salary allowances and compensation of the members of the court and the registrar for free all taxation.

 See also...  Who can refer the dispute to the International Court of Justice 

3) Enforcement of Judgment of International Court of Justice -

          All members of the United Nations are required to comply with the decision of the Court in accordance with Article 94 para 1 of the Charter. If any party to a case before the court fails to perform its obligations under a judgment of the court, the other party may bring the matter before the security council in accordance with article 94 para 2 of the Charter.  The Security Council is empowered by the Charter to make a recommendation or decide upon measures to be taken to give effect to the judgment. In case the security council decides upon measures to be taken to give effect to the judgment of the Court, it has again a choice between two kinds of action for example measures which may be taken either an article 41 or 42 of the Charter

4) Contribution of International Court of Justice - 

         The International Court of Justice as one of the chief judicial organ of the United Nations has greatly contributed towards the progressive development of international law, and its codification, however, the court has its own limitations.



See also.... Codification of International Law