The International Court of Justice (ICJ)

is the principal judicial organ of the United Nations (UN).

Formation: It was established in June 1945 by the Charter of UN, to replace the
Permanent Court of International Justice (PCIJ)
Started working in April 1946, upon the dissolution of the PCIJ
Seat of ICJ: Hague, Netherlands
Statute of the International Court of Justice (ICJ) -5 Chapters , 70 Articles
Membership:
o all UN members are automatically ipso-facto members of the Statute.
o non-member states can also join, upon recommendation by the UN Security
Council and upon fulfillment of criteria e.g. Switzerland
Composition: it consists of 15 judges elected by the UN General Assembly and Security
Council for a 9-year term
Proceedings :
in two languages: French and English
written pleadings or oral presentations
hearings of witnesses
commissions for investigations
proceedings take place in closed doors
decisions are read in open doors
Majority voting
The ICJ verdict is seeked by States on a voluntary basis
Decisions are final and binding for states no appeals
Jurisdiction of the International Court of Justice:
1. Only States May be Parties to Cases before the Court

2. Contentious Jurisdiction & Advisory Jurisdiction
Dual role:
1. Contentious cases:
settling legal disputes between States submitted to it by them
Only States may be parties to contentious cases.
The Court is competent to entertain a dispute only if the States concerned have
accepted its jurisdiction.
2. Advisory proceedings:
Requests for advisory opinions on legal questions referred to it by the 5 organs of
the United Nations organs and 16 specialized agencies
The United Nations General Assembly and Security Council may request
advisory opinions on any legal question.
Other United Nations organs and specialized agencies can only ask for advice on
their special area.
Evaluation of the work performed by the ICJ
Positive contribution of the ICJ: The ICJ is often thought of as the primary means for the
resolution of disputes between States, and in fact the Court is well-recognized for its significant
contribution to the development of international law.
significant contribution in the prevalence of international law and the maintenance of the
international order
A high percentage of compliance with international law upon decisions of the ICJ has
been noted
Pessimistic view: the ICJ has not been so successful in solving inter-state disputes, as states
refuse to recognize its jurisdiction
The International Court of Justice has been severely criticized for
its limited effectiveness
the many failures it has experienced
limitations on jurisdiction and enforcement powers
examples of cases of refusal to comply with the decision of the ICJ: the Corfu Channel
Case and the US-Nicaragua Case.
Problems - Areas of criticism
The Court has not operated at full capacity. Only 4-5 cases are referred to the Court
for judicial settlement every year
minimalist approach to decision-making; several notable cases have been dismissed
on procedural grounds.
the possible human bias
the time consuming nature of ICJ proceedings,
the strengthening of the rule of law by international tribunals limiting its power
but the most important reason is the extent of the ICJs jurisdiction and its limited
ability to enforce its verdicts.
The limited nature of the Courts jurisdiction is seen as the essential cause of its
ineffectiveness
states do not collectively view the Court as a legitimate and effective conict manager
it is much more common for states to recognize the ICJs jurisdiction through clauses in
bilateral or multilateral treaties
Need for effective reform of the ICJ in order to extend its jurisdiction globally, even if
staying under the current Statute
the most ambitious reform would be to rebuild a new ICJ Structure and Statute
Aim of a successful reform: to limit the shortcomings of the ICJ, in order to prevail as the most
significant and important court, to reach its full potential