Gavin Howe
The International Court of Justice (ICJ), established in 1945 by the UN Charter, is the principal judicial organ of the United Nations. The ICJ is based in The Hague and deals with cases involving countries, applying international law. The court's decisions are binding and final, with no possibility of appeal. The judges are independent magistrates, with only one judge of any nationality on the court, and they are elected based on their moral character and competence in international law. The ICJ is distinct from the International Criminal Court (ICC), which is a legally independent criminal court that brings cases against individuals for war crimes or crimes against humanity.
| Characteristics | Values |
|---|---|
| Established | 1945 by the UN Charter |
| Began work | 1946 |
| Successor to | Permanent Court of International Justice |
| Seat | The Hague |
| President | Iwasawa Yuji |
| Main constitutional document | Statute of the International Court of Justice |
| Number of cases dealt with | 180 |
| Court procedure | Set out in the Rules of Court of the International Court of Justice 1978 (as amended on 29 September 2005) |
| Judges | Elected regardless of their nationality among persons of high moral character |
| Members | Independent magistrates |
| Possibility of appeal | No |
| Jurisdiction | Binding, final and without appeal |
| Court rulings | Enforced by the UN Security Council |
| Cases | Involve countries |
| Examples of cases | Nicaragua v. United States, The Gambia v Myanmar, South Africa v Israel, US v Iran |
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What You'll Learn
The International Court of Justice (ICJ)
The ICJ is composed of fifteen judges elected to nine-year terms by the UN General Assembly and the UN Security Council. These judges are entitled to the style of His/Her Excellency and are expected to remain impartial, independent, and free from outside influence. They are not allowed to hold any other posts or act as counsel, although there have been instances of judges interpreting these rules differently and remaining involved in outside arbitration. A judge can only be dismissed by a unanimous vote of the other members of the court.
The ICJ deals with two types of cases: "contentious cases" and "advisory proceedings". Contentious cases are legal disputes between states, while advisory proceedings are requests for advisory opinions on legal questions referred to the ICJ by UN organs and certain specialized agencies. The ICJ's rulings are final and without the possibility of appeal. As of November 2023, the ICJ has managed around 190 cases since its first case in May 1947.
The ICJ plays a crucial role in maintaining global peace and security by providing a platform for nations to resolve their disputes. It contributes to the development of international law and ensures that disputes are settled peacefully through legal means. The ICJ's work covers a wide range of judicial activity, including interpretation of international treaties, border disputes, and human rights cases.
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The International Criminal Court (ICC)
The impetus for the establishment of the ICC came from the ad hoc international tribunals formed in the 1990s to address atrocity crimes committed in the former Yugoslavia and Rwanda. The General Assembly established the Ad Hoc Committee on the Establishment of an International Criminal Court in 1995 to consider major substantive issues in the draft statute presented by the International Law Commission (ILC). This was followed by the creation of the Preparatory Committee on the Establishment of the ICC, which held sessions from 1996 to 1998, during which non-governmental organizations (NGOs) provided input under the Coalition for the International Criminal Court (CICC).
The Rome Statute establishes the Assembly of States Parties as the Court's management oversight and legislative body. This Assembly is composed of representatives of states that have ratified or acceded to the Rome Statute. Additionally, the ICC has four principal organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor, and the Registry. The President is the most senior judge chosen by the eighteen judges in the Judicial Division, which hears cases before the Court.
To ensure "equality of arms" between defence and prosecution, the ICC has established the independent Office of Public Counsel for the Defence (OPCD) to provide logistical support and advice to defendants and their counsel. The OPCD also safeguards the rights of the accused during investigations. Furthermore, the Statute grants victims a series of rights, including the possibility to present their views and observations before the Court, marking a significant innovation in international criminal justice.
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The UN Dispute Tribunal
The United Nations Dispute Tribunal (UNDT) is the court of first instance in the internal justice system of the United Nations. It became operational on 1 July 2009, replacing the former UN Administrative Tribunal, which was abolished on 31 December 2009.
The UNDT hears and decides on cases filed by current and former staff members who are appealing administrative decisions alleged to be in non-compliance with their terms of appointment or contract of employment. Staff members, as well as the administration, have the right to appeal the judgments of the UNDT to the United Nations Appeals Tribunal (UNAT). The UNDT is composed of judges appointed by the member states of the United Nations through the General Assembly, from which it derives its mandate. This ensures the independence of the tribunal, as it is not composed of officials of the organization.
The judges in the tribunal are given an administrative rank below Assistant Secretary General. According to Article 4(12) of the statute of the Dispute Tribunal, the judges are considered officials other than secretariat officials under the Convention on the Privileges and Immunities of the United Nations. They do not have the power to declare people who do not comply with their rulings in contempt of court and are thus dependent on the UN Secretariat to act in good faith.
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The UN Appeals Tribunal
The International Court of Justice (ICJ), established in 1945 by the UN Charter, is the principal judicial organ of the United Nations. It is based in The Hague and its workload covers a wide range of judicial activity.
For an appeal to be receivable by the UNAT, it must be filed pursuant to Article 2 of the statute and within 60 calendar days of receipt of the UNDT Judgement. The UNAT is competent to hear and pass judgement on appeals when the UNDT exceeded its jurisdiction or competence, failed to exercise jurisdiction vested in it, erred on a question of law, committed an error in procedure that affected the decision of the case, or erred on a question of fact resulting in a manifestly unreasonable decision. The Tribunal may affirm, reverse, modify, or remand the judgement of the Dispute Tribunal.
Judgements are given by panels of three judges and are adopted by majority vote. They contain the reasons, facts, and laws on which they are based. The Registrar is responsible for publishing the judgements on the UNAT website.
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The Statute of the International Court of Justice
The International Court of Justice (ICJ), seated in The Hague, is the principal judicial organ of the United Nations. It was established in 1945 by the UN Charter and began its work in 1946 as the successor to the Permanent Court of International Justice. The Statute of the International Court of Justice is an integral part of the United Nations Charter, as specified by Chapter XIV, which constitutes and regulates the court. The Statute consists of 5 chapters and 70 articles, with Article 1 proclaiming:
> The International Court of Justice established by the Charter of the United Nations as the principal judicial organ of the United Nations shall be constituted and shall function in accordance with the provisions of the present Statute.
Article 38.1 of the Statute lists the sources that the court may refer to when deciding a case, including treaties, customary international law, general principles of law, and (as subsidiary means) judicial decisions and academic writing. It is important to note that ICJ decisions are binding only on the parties involved in a particular case, as stated in Article 59. However, the court may consider its past decisions and frequently cites them, as mentioned in Article 38.1(d).
The Statute also addresses the election of judges, with Article 6 stating that judges should be elected regardless of their nationality and be individuals of high moral character who are qualified for the highest judicial offices or are competent in international law. Judicial independence is a key aspect, with Articles 16-18 emphasising impartiality and requiring judges to be free from any political or administrative influences and to refrain from showing prior biases towards cases before them.
Additionally, the Statute outlines the conditions for states that are not parties to the Statute to utilise the court. Under Article 35(2), these states can make use of the ICJ if they submit a declaration accepting the court's jurisdiction and agree to abide by its rulings.
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Frequently asked questions
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was established in 1945 by the UN Charter and began its work in 1946 as the successor to the Permanent Court of International Justice. The ICJ is based in The Hague and delivers verdicts on cases involving countries.
The ICJ's workload covers a wide range of judicial activity. Cases open with the involved countries appointing agents to file and exchange pleadings, containing detailed statements of the points of fact and law on which each party relies. This is followed by an oral phase consisting of public hearings. After this stage, the judges deliberate in private, before delivering a verdict. The ICJ is vested with the power to make its own rules and court procedure is set out in the Rules of Court of the International Court of Justice 1978.
The International Criminal Court (ICC) is an independent judicial body that exercises jurisdiction over persons charged with genocide, crimes against humanity, war crimes and the crime of aggression. The ICC is legally independent of the UN, although it is endorsed by the General Assembly. The ICJ, on the other hand, is an organ of the United Nations and deals with cases involving countries.
In theory, a judgment of the ICJ is binding, final, and without appeal. However, Article 59 of the ICJ clarifies that the common law notion of precedent or stare decisis does not apply to its decisions. This means that the court's decision binds only the parties involved in that particular case.
