Introduction to the International Court of Justice

The International Court of Justice. Maybe it sounds familiar, or maybe you’ve never heard of it. Either way, I bet you have wondered how justice is being kept. Who makes sure everyone respects laws, including countries or states? Who secures the realization of civil, cultural, economic, political, and social rights? Which is the highest legal authority of the United Nations? Or who settles legal disputes between countries? Well, the answer to all those questions is in the title of this article, the International Court of Justice, also known as the World Court.

What is the International Court of Justice and where is it located?

As a successor of the Permanent Court of International Justice (1922), the International Court of Justice was established in June 1945 and it began its work almost a year later, in April 1946. It is considered to be the main judicial organ of the United Nations and it is seated at the Peace Palace in The Hague, Netherlands, which makes it the only one of the six principal organs of the UN that is not located in New York. However, sessions may be held elsewhere when the Court considers it desirable to do so.

Ever since its first case on the 22nd of May 1947, it has entertained more than 175 cases, using as official working languages both English and French.

What is its structure?

The International Court of justice is composed of 15 judges, who are elected to nine-year terms of office by majority votes of the United Nations General Assembly and the Security Council. However, they aren’t allowed to include more than one national of the same state and the Court must represent the main forms of civilization and the principal legal systems of the world, which vote simultaneously, but separately. Therefore, in order to be elected, a candidate has to receive the majority of the votes from both bodies. Five judges are elected every three years, to ensure a measure of continuity, but judges are eligible for reelection. In case a judge dies or resigns during their term of office, there is a special election which is held as soon as possible to choose another person.

Also, the judges elect their own president and vice president, whose terms only last for three years, or they can appoint administrative personnel if necessary.

What does it really do, and what are its goals?

As the only international court that adjudicates general disputes between countries, its main purposes are to settle disputes between states in accordance with international law and to give advisory opinions on a variety of international legal issues, which consist in written or oral statements. They deal with issues such as land and maritime boundaries, territorial sovereignty, diplomatic relations, the right of asylum (which refers to the protection granted by a state to a foreign citizen against their own state), nationality or economic rights. According to article 36 of the Court’s statute, any state can consent to the court’s compulsory jurisdiction in advance by filling a declaration to that effect with the UN secretary-general, and by the year of 2000, more than 60 countries had issued such a declaration. The participation of the States concerned is voluntary, but once they’ve chosen to take part, they are obligated to comply with the Court’s decision. The declaration can either be made unconditionally, either on condition of reciprocity on the part of other states or for a certain time. However, they can’t deal with applications from individuals, non-governmental organizations, or any private entities, such as corporations.

They also give advisory opinions on legal issues, such as admissions to the UN, the expenses of UN operations, or territorial status of certain places of the world (specifically the Southwest of Africa and Western Sahara), at the request of other organs of the UN. Although they are only consultative, and they are not binding, these opinions are considered to be quite important.

In case a party fails to carry out the obligations, the other party can recourse to the Security Council, which makes recommendations or decides the measures to be taken, if necessary. However, most of the times enforcement is made possible because the court’s decisions are viewed as legitimate by the international community, but there are few exceptions, such as the United States (1986) or Albania (1949).

What methods do they use for solving cases?

The cases can be solved in one of the three main ways: the Court delivers a verdict; the case is settled by the parties at any time during the proceedings or a state discontinues the proceedings and withdraws a point. They decide disputes in accordance with international law, which is reflected in international customs, certain principles of law, judicial decisions, or writings of experts on this field of law. Even though the judges deliberate behind closed doors, their verdicts are delivered in open court, in both the official languages. If a judge doesn’t agree with a decision, they can file a separate opinion, and few decisions represent the unanimous opinion of the judges. The court’s final judgement is without appeal.

Is it open to the public?

Since they hope to increase public awareness of the work of the International Court of Justice and how it operates, the hearings are public, unless they decide to hold a closed hearing. Therefore, both groups and individuals can attend hearings.

You can also do a guided tour of the Peace Palace and visit its museum on weekdays, in exchange for a fee. But you can’t visit when the court is holding hearings or when other events are taking place in this palace.

Overall, the International Court of Justice deals with disputes between states and offers advisory opinions on multiple legal issues, using both English and French as official languages. Thus, it uses a variety of methods to solve its cases, making sure to respect international law. Also, keep in mind that you can always visit the Peace Palace, where the court is seated, or you can attend its hearings.