Who can refer the dispute to the International Court of Justice | International Law

1) Introduction : 

            International Court of Justice is the main judicial organ of the United Nations Organisation for Settlement of International Disputes or situations which might lead to a breach of peace. The decision of International Court of Justice is binding only on the parties to the disputes in respect of particular dispute and not on any member. There are three parties who can refer the dispute to the International Court of Justice.

3) Who can refer the dispute to the International Court of Justice :

       Following are the parties who can refer the dispute to the Court.

I) States -

          According to Article 34 of the International Court of Justice, Only states may be parties in cases before the Court. It denotes that it is not necessary that the State should be Sovereign and Independent in the order to become parties to the Court. India was a party to the Statute before it became Independent.

(a) Members of the United Nations -

          Article 19(1) Of the United Nations Charter, provides that all members of the United Nations are ipso facto (by the very fact) parties to the Statute of the International Court of Justice and hence they all have automatic access to the court.

(b) Non-member of the United Nations - 

          Article 93 para 2 of the United Nations charter, provides that, a State which is not a Member of the United Nations may become a party to the Statute of the International Court of Justice on conditions to be determined in each case by the General Assembly upon the recommendation of the Security Council.

See also... What are Basic Purpose and Principles of United Nations ?

(c) Non-parties to the Statute -

            The Court is also 'open to other State' which are not parties to its Statute in accordance with Article 35 para 2 of the Statute of the Court. Such State may become a party on conditions and laid down by the Security Council in a resolution of 15 October 1946. Such States must file with the Registrar of the Court a declaration by which they accept the Court's jurisdiction in accordance with the Charter of the United Nations and with the terms of the subject to the conditions of the Statute and rules of the Court, and accordance with to comply in good-faith with the decision or decisions of the Court, and to accept all the obligations of a member of the United Nations under article 94 of the Charter.

II) International Organisation -

            Under article 34 on any Legal Question, International Organisation may seek the advisory opinion of the court. According to Article 96 of the United Nations Charter, the General Assembly or the Security Council may request the International Court of Justice to give an advisory opinion on any legal question. Other organs of the United Nations and specialized agencies, which may at any time be so authorized by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.

III) Individual - 

             An individual have no access to the International Court of Justice, however, where the cause of the Individual is sponsored by the State against another State, the Court may hear the cases.


See also 

 Difference Between Public International Law and Private International Law / Law of Conflicts