The international court of justice

The International Court of Justice is situated in The Hague and is the principal judicial organ of the United Nations. It functions in accord­ance with the provisions of its Statute to which all members of the United Nations automatically subscribe. The Court is composed of fifteen suitably qualified judges elected by secret ballot by the General Assembly and by the Security Council (independently) for a term of nine years. They retire in groups of five every three years (their re-election is per­mitted); and no two judges may be nationals of the same state.

Access to the Court is open to states which subscribe to its Statute, and to non-subscribing states under certain conditions. The functions of the Court are twofold: to give judgement on all contentious cases referred to it by states by mutual consent, and on all matters specially provided for in the United Nations Charter, in treaties or in conven­tions; and to give advisory opinions on legal questions referred to it by any branch of the United Nations or its Agencies. The Court will norm­ally reach its conclusions in accordance with international treaties and conventions currently in force, international custom and general prin­ciples of law. It will also take into consideration judicial comments and decisions, and may reach a decision, if both parties agree, ex aequo et bono, i.e. on general principles of fairness and natural justice.

A state may at any time lodge a declaration to the effect that it recog­nises as compulsory, in relation to any other state accepting the same obligation, the jurisdiction of the Court in certain specific instances. These are listed in article 36(2) of the Statute (the co-called 'Optional Clause'), namely:

1. the interpretation of a treaty;

2. any question of international law;

3. the existence of any fact which, if established, would constitute a breach of an international obligation;

4. the nature or extent of the reparation to be made for the breach of an international obligation.

The declaration may be made unconditionally; on condition of reci­procity on the part of several or certain states; or for a certain time. In practice the forty-seven states that have lodged declarations in terms of article 36 have tended to add other provisos.

The official languages of the Court are English and French, but the Court is bound to allow a party to use whatever language it chooses. The procedure consists of two parts: written and oral, and the hearings in Court are public unless the Court decides otherwise or the parties concerned so desire. All questions are decided by a majority vote of the judges present, and in the event of an equality of votes the President or the judge who acts in his place has a casting (i.e. deciding) vote. A judgement is final and without appeal, though the court may subse­quently recognise the discovery of fresh evidence of a decisive nature, and permit an application for a revision of judgement to proceed. Since its inception, the Court has delivered sixty judgements on subjects such as land frontiers, marine boundaries, nationality, diplomatic relations and hostage-taking; and twenty-three Advisory Opinions. A further nine contentious cases are awaiting judgement.

The ICJ should not be confused with the International Criminal Tri­bunal in The Hague which was established by the Security Council in 1993 primarily as an element of leverage in the Bosnian peace process which led up to the Dayton Accord, but which has not yet achieved its full legal potential.