Beruflich Dokumente
Kultur Dokumente
College of Law
Author Note
This paper was prepared for Public International Law, LLB 2-2A1, taught by: Dr. Rodel
College of Law, San Sebastian College Recoletos, C.M. Recto, 1008 Manila, Philippines.
Email: markadrian216@gmail.com
INTERNATIONAL COURT OF JUSTICE 2
Abstract
The International Courts of Justice or the ICJ is the one that the United Nations had created as its
principal judicial organ that handles international disputes or cases among States and
International Organizations. It was created after the Permanent Court of International Justice or
the PCIJ after the outbreak of war that started in 1939 that caused serious problems to the
Permanent Court of International Justice. It generally functions in accordance with its Statutes,
the international laws and cases submitted to it by other states. And the scope of its jurisdiction
are the ones or the states that had consented to the settlement of their dispute in the said court. In
this paper, the mentioned subjects above and the other topics that will follow shall be discussed
thoroughly and in a detailed manner wherein the history of the ICJ, its functions, jurisdiction,
and the basis for its actions in the cases submitted to it will be explained for better understanding
and for others to have an idea on how the International Court of Justice works and on how it was
established before.
INTERNATIONAL COURT OF JUSTICE 3
The International Court of Justice was established in 1945 by the chapter 14 of the
Charter of the United Nations, started functioning and began its work in 1946. It was considered
as the principal organ of the United Nations or the UN and was the central institution for the
peaceful settlement of legal disputes between or among states. Presently, the seat of the
International Court of Justice is in The Hague, Netherlands but it may also hold its hearings
elsewhere.
It succeeded the Permanent Court of International Justice that was established by the
Covenant of League of Nations that operated between 1922 to 1940 but was dissolved in 1946.
that are the representatives of the main forms of civilization and of the principal legal systems of
the world. They are elected for terms of office of nine years by the General Assembly and the
Security Council that came from a list of candidates that are nominated by government-
appointed national groups of international-law experts and no two judges can come from the
same country. The quorum constitutes nine judges and decides questions or disputes based on the
majority decision of the present judges. The Court functions in accordance with its statutes that
for the most part repeats that of its former tribunal or the Permanent Court of International
Justice and its principal functions is to decide in accordance with its statutes, international law
and legal disputes submitted to it by other states or known as contentious jurisdiction. The
International Court of Justice also gives advisory opinions on legal questions submitted or
referred to it by the General Assembly, Security Council, or other organs of the United Nations
INTERNATIONAL COURT OF JUSTICE 4
and other specialized agencies authorized by the General Assembly known as the advisory
Before the Permanent Court of Justice and the International Court of Justice was created,
Its origins can be traced way back to 1794 where the Jay Treaty between the United States of
America and Great Britain was established. This Treaty of Amity, Commerce, and Navigation
paved way for the establishment of the mixed three commissions that are composed of American
and British Nationals that were in equal numbers whose task is to be able to settle a number of
questions between countries which it cannot just be or cannot be resorted to negotiation. They
reawakened the interest of arbitration even though they are not organs of a third-party
The Alabama Claims Arbitration in 1872 between the United States and the United
Kingdom was considered a decisive phase wherein under the Treaty of Washington of 1871, both
countries, United States and United Kingdom agreed to submit arbitration claims by the US for
the alleged breach of neutrality by the UK during the American Civil War. Both countries stated
therein certain rules that would govern the duties of the neutral governments that were to apply
by the tribunal, that consists of five members which they agreed upon that is appointed by the
Heads of State of the United Kingdom, United States, Brazil, Switzerland and Italy. The arbitral
tribunals award ordered the United Kingdom to pay compensation that was duly conformed
settling a major dispute that led developments in different directions in the nineteenth century
onwards namely:
INTERNATIONAL COURT OF JUSTICE 5
arbitration if there are any circumstances that may led to a dispute between parties.
2. The conclusions of general treaties of arbitration for settling specific classes of inter-
state disputes.
The Hague Peace Conference of 1899 marked the beginning of the third phase in the
modern history of international arbitration regarding peace and disarmament that was discussed
in participation by the smaller States of Europe, Mexico, and some Asian States that ended by
adopting a convention on the Pacific Settlement of International Disputes that dealt with
arbitration and other methods of pacific settlement such as tender of good offices and mediation.
The 1899 Convention also created a provision for the creation of a permanent machinery
that would enable arbitral tribunals to conduct its work and is known as the Permanent Court of
Arbitration. It consists of jurists that was designated by countries that agreed and participated to
the Convention. The Convention further created at The Hague, a permanent Bureau that
functions in relation with a court registry and a secretariat that laid down certain set of rules of
procedure that governs the conduct of arbitration. The Permanent Court of Arbitration
represented a method or device in facilitating the creation of arbitral tribunals and was
A few years later during 1907, the second Hague Peace Conference was held wherein the
States of Central and South America were also invited, that revised the Convention and improved
the rules regarding the arbitral proceedings. It confined itself recommending States that they
INTERNATIONAL COURT OF JUSTICE 6
should adopt a draft convention for the creation of a tribunal court of justice as soon as the
agreement reached respecting the selection of the judges and the constitution of the court. This
court has never been established but has shown certain fundamental ideas that were useful and
led to be the source of inspiration in drafting the Statute of the Permanent Court of Justice years
later.
After such proposals that were disregarded, the Permanent Court of Arbitration took its
place or residency in the Peace Palace thanks to Andrew Carnegies gift that made a positive
contribution in the development of international law. Notable cases that were decided during the
function of its machinery were the Carthage and Manouba cases of 1913 regarding the seizure
of vessels, the Timor Frontiers of 1914 and the Sovereignty over the Island of Palmas of 1928.
These cases threw into relief the shortcomings of the Permanent Court of Arbitration.
The work of the two Hague Peace Conferences and its given ideas during its time gave
spark and inspired statesmen and jurists that also gave them influence in creating the Central
American Court of Justice that operated during 1908 to 1918 and other plans and proposals that
were submitted during 1911 to 1919 by both international and national bodies as well as by
governments for establishing an international judicial tribunal that culminated the creation of the
Permanent Court of International Justice in the framework of the international system that was
Before the creation of the Statute of the International Court of Justice, it all started during
the time of its predecessors, the Permanent Court of International Justice or the PCIJ during
(insert date) wherein it was created based on the works(auspices) of the League of Nations in
INTERNATIONAL COURT OF JUSTICE 7
pursuant to the Article 14 of the Covenant of the League of Nations.1 An Advisory Committee of
jurists during the early 1920s was appointed to prepare a report to be submitted in relation to the
establishment of the Permanent Court of Justice. And in the month of June to July, the Advisory
Committee prepared a draft scheme that was submitted to the Council of the League of Nations
in which upon the examination of the given draft was laid down to the first Assembly of the
League of Nations. After the matter was studied by the Third Committee of the first assembly, it
was again submitted in December 1920 wherein that revised draft given was adopted
unanimously and became the Statute of the Permanent Court of International Justice.
The Permanent Court of International Justice operated from 15 February 1922 until 1940.
Many treaties and conventions was under the jurisdiction of the Permanent Court of International
Justice and it also settled 29 contentious cases and has issued 27 advisory opinions during its
time. Though the creation of the Permanent Court of International Justice was created due to the
initiative of the League of Nations that led to its existence, it is not integrated into the League. It
was only in 1946 that the ICJ or the International Court of Justice was created. It adopted and
relied upon the Statutes of its predecessor, the Permanent Court of International Justice. Its
adaptation of its statutes was during the San Francisco Conference on 26 June 1945. Afterwards,
a redrafting was initiated with the necessary adjustments in pursuance to historical backgrounds
and experiences. These changes, aside from its terminologies, were the alteration of its reference
from the League of Nations to the United Nations. It was initiated first by the United Nations
1
Article 14, Covenant of the League of Nations states that: The Council shall formulate and submit to the Members
of the League for adoption plans for the establishment of a Permanent Court of International Justice. The Court shall
be competent to hear and determine any dispute of an international character which the parties thereto submit to it.
The Court may also give an advisory opinion upon any dispute or question referred to it by the Council or by the
Assembly.
INTERNATIONAL COURT OF JUSTICE 8
Committee of Jurists that then the Fourth Committee of the United Nations Conference on
One of the important things that was introduced by the Statute of the International Court
of Justice was its interrelationship with the Charter of the United Nations. Its Statute is
incorporated into the UN, that formed an integral part of the Charter of the United Nations. It
sets forth the structure of its Court, its powers and competences and the laws applicable to it.
Such incorporation between the two bodies is enhanced in pursuance to the Article 92 of the
Charter.2
The ones who may use the Court are the states that has access to the courts and accepted
its jurisdiction. Access to the court is granted to all states that are considered parties to the statue
of the court.3 All members of the United Nations are automatically considered as part or parties
to the Statute of the Court.4 And as an exception to the mentioned rule, the courts may also be
open to states that are not parties to the Statute of the Courts.5 If a member of the United Nations
fails to comply with a judgment of the court, an appeal for assistance may be made to the
Security Council. It is the Security Council that determines the conditions under which the court
shall be open to states that are not parties to the Statute of the Court in its resolution of October
1946.
2
Article 92, UN Charter states that: The International Court of Justice shall be the principal judicial organ of the
United Nations. It shall function in accordance with the annexed Statute, which is based upon the Statute of the
Permanent Court of International Justice and forms an integral part of the present Charter.
3
Article 35, par. 1, Statute of the International Court of Justice
4
Article 93, par. 2, Statute of the International Court of Justice
5
Article 35, par. 2, Statute of the International Court of Justice
INTERNATIONAL COURT OF JUSTICE 9
The cardinal rule in international courts is that the states cannot be compelled to submit disputes
unless they have consented to the international adjudication before a dispute had arisen between
states or after such. States may also limit their acceptance in different disputes and may attach
Its jurisdiction, like the consensual theory is based on the given consent of the states.
Wherein in a specific case, they may have jurisdiction over it if the parties or the party states
consented to the settlement of their dispute by the Court. And these consent may be expressed
through unilateral declarations or optional declaration clause, treaties, special agreements or such
consent may also be expressed after the Court has been seized. States making such declarations,
however, sometimes impose restrictive conditions on their acceptance. Example of this is the
United States that excludes all disputes regarding domestic matters from the court's jurisdiction,
And for a more detailed information regarding the International Court of Justices
adjudicatory functions that is provided in its Statute, the pertinent portions of which read:
Article 34
2. The Court, subject to and in conformity with its Rules, may request of public international
organizations information relevant to cases before it, and shall receive such information
INTERNATIONAL COURT OF JUSTICE 10
or of an international convention adopted thereunder is in question in a case before the Court, the
Registrar shall so notify the public international organization concerned and shall communicate
Article 35
1. The Court shall be open to the states parties to the present Statute.
2. The conditions under which the Court shall be open to other states shall, subject to the special
provisions contained in treaties in force, be laid down by the Security Council, but in no case
shall such conditions place the parties in a position of inequality before the Court.
3. When a state which is not a Member of the United Nations is a party to a case, the Court shall
fix the amount which that party is to contribute towards the expenses of the Court. This provision
shall not apply if such state is bearing a share of the expenses of the Court
Article 36
1. The jurisdiction of the Court comprises all cases which the parties refer to it and all matters
specially provided for in the Charter of the United Nations or in treaties and conventions in
force.
2. The states parties to the present Statute may at any time declare that they recognize as
compulsory ipso facto and without special agreement, in relation to any other state accepting the
INTERNATIONAL COURT OF JUSTICE 11
same obligation, the jurisdiction of the Court in all legal disputes concerning:
c. the existence of any fact which, if established, would constitute a breach of an international
obligation;
d. the nature or extent of the reparation to be made for the breach of an international obligation.
4. Such declarations shall be deposited with the Secretary-General of the United Nations, who
shall transmit copies thereof to the parties to the Statute and to the Registrar of the Court.
5. Declarations made under Article 36 of the Statute of the Permanent Court of International
Justice and which are still in force shall be deemed, as between the parties to the present Statute,
to be acceptances of the compulsory jurisdiction of the International Court of Justice for the
period which they still have to run and in accordance with their terms.
6. In the event of a dispute as to whether the Court has jurisdiction, the matter shall be settled by
Article 37
Whenever a treaty or convention in force provides for reference of a matter to a tribunal to have
been instituted by the League of Nations, or to the Permanent Court of International Justice, the
matter shall, as between the parties to the present Statute, be referred to the International Court of
INTERNATIONAL COURT OF JUSTICE 12
Justice.
Article 38
1. The Court, whose function is to decide in accordance with international law such disputes as
d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly
qualified publicists of the various nations, as subsidiary means for the determination of rules of
law.
2. This provision shall not prejudice the power of the Court to decide a case ex aequo et
In accordance with the Article 36 that was mentioned above, the jurisdiction of the
International Court of Justice may only be applicable to disputes between states that are limited
international obligation, and reparations due that is in accordance with international law and shall
be settled by the same and not domestic laws. And thus, the Court shall have jurisdiction over the
Acceptance of jurisdiction may also take place by a unilateral declaration wherein the
recognition of jurisdiction by the Court in relation to other states accepting the same jurisdiction
in all legal disputes which also creates the optional system of submitting to the jurisdiction of the
Court. The optional system of submitting to the jurisdiction of the Court is only operative in
states that they declare to be recognized as compulsory ipso facto and without any agreement
that is in relation to other states accepting the same obligation, the jurisdiction of the Court.
Also, Major opinions that were given by the Court ruled that the General Assembly may
not just admit a state to the United Nations if such application is vetoed by one of the permanent
members of the Security Council; that the United Nations is to be considered as an international
legal person; that special United Nations assessments, such as those for the Congo and Middle
East operations, are regular expenses of the United Nations and are binding on all members; and
that South Africa must withdraw from Namibia (accomplished with Namibia's independence in
1990). The declaration in the optional system may be made unconditionally or on condition of
reciprocity on the part of several or certain states, or for a certain time. Regarding the
limitations in its reciprocity, the Court declared in Interhandel Case, reciprocity in the case of
Declarations accepting the compulsory jurisdiction of the Court enables a Party to invoke a
reservation to that acceptance which it has not expressed in its own Declaration but which the
Another case that illustrates the optional system is the Aerial Incidence Case or U.S. v.
Bulgaria wherein the United States acceded to the optional clause, that is considered accepting
the compulsory jurisdiction of the International Court of Justice but has subsequently made a
reservation for disputes regarding matters which are essentially within the domestic jurisdiction
of the United States as determined by the US. (Connally amendment). Afterwards, EL Al Israel
INTERNATIONAL COURT OF JUSTICE 14
airliner was driven off course by a bad weather and has innocently passed through the Bulgarian
air space wherein it was shot down by the Bulgarian military planes, killing all passengers and
crew, including 6 US nationals. The Investigators argue that Bulgarian military failed to adhere
to the international civil aviation agreements involving the appropriate interception and
identification of intruding aircraft. The case was initially brought to the ICJ by Israel, wherein
the International Court of Justice or the ICJ ruled that it had no jurisdiction, stating that
Bulgarias acceptance of the optional clause in the Statute of Permanent Court of International
Justice did not carry over to acceptance of the optional clause of the ICJ. United States continued
its claim based on violation of international law and injuries to US nationals. On the grounds of
reciprocity and consensual basis of ICJ jurisdiction, Bulgaria contests the International Court of
Justices jurisdiction. Bulgaria had invoked the Connelly amendment exempting matters within
its internal competence and contended that its airspace security and anti-craft defenses were
within its domestic jurisdiction. US withdrew its application, which the Court accepted as the
the arbiter of disputes over the interpretation or application of the agreements. Some of these
treaties are:
1. The united Nations Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substance;
5. Convention on the prevention and punishment of the crime of genocide, Paris, 9 Dec.
1948
6. Revised act for the pacific settlement of international disputes, Lake Success, 28 Apr.
1949
11. European convention for the peaceful settlement of disputes, Strasbourg, 29 Apr.
1957
13. Optional Protocol to the Vienna convention on diplomatic relations, concerning the
14. International Convention on the elimination of all forms of racial discrimination, New
16. Convention on the suppression of the unlawful seizure of aircraft, The Hague, 16
Dec. 1970
18. Convention for the suppression of unlawful acts against the safety of civil aviation,
19. International convention against the taking of hostages, New York, 17 Dec. 1979
22. United Nations convention against illicit traffic in narcotic drugs and psychotropic
23. United Nations framework convention on climate change, New York, 9 May 1992
25. Convention on the prohibition of the development, production, stockpiling and use of
The Court will entertain or accept a dispute only if the concerned States shall accept its
1. By a special agreement between the States to submit the dispute to the International
Court of Justice.
conventions through a clause regarding the same. If there is a certain treaty entered by
a party, and in the event where there is a disagreement between states regarding its
interpretation or application, one of them may refer such dispute to the International
3. Through reciprocal effect of the declaration made by the parties under the Statute
whereby each of them has accepted the International Court of Justices jurisdiction as
a compulsory in the event of a dispute whereby one party made the same declaration.
And in the cases of doubt on whether the Court has jurisdiction or not, it is for them to
decide.
INTERNATIONAL COURT OF JUSTICE 17
In this part shall the process on how the International Courts of Justice be explained
wherein bringing a case to the court means referring a matter to an independent and impartial
adjudicative body that makes its decision based on or on the basis of objective legal criteria.
The Court will weigh the given evidence that was submitted to it by the parties and the
applicable relevant rules, procedures and principles of international law, shall also be considered
in order for them to provide a well reasoned and just judgment or the said case.
The Courts procedure consists of a written and an oral part. Both parties have equal
opportunities to present their arguments on the Courts jurisdiction as well as the admissibility
and the merits of the case in hand. During its proceedings, or the institution of the action by the
parties, a party may request before the Court for them to have an opportunity to rule on the
merits of the case, to order provisional measures for the prevention of imminent and irreparable
damage from being caused to the rights in dispute. And unless it is discontinued, the proceedings
may be concluded by a judgment given by the Court and these judgments given by the Court
shall be binding upon the parties, it will be final and without the right to appeal. The parties must
abide by the proclaimed judgment and if a party fails to comply with the judgment given, the
provision in the charter of the United Nations for recourse by the security council shall be
applied.6 Example of this is in Nicaragua v. United States, ICJ 1996, where the United States
previously accepted the compulsory jurisdiction of the court, then after such acceptance, the
United States was found guilty for having planted mines and explosives in the Nicaraguan bays
in support of the rebels called contras and called on the United States to cease and desist from
6
Article 94, par. 2 Statute of International Court of Justice
INTERNATIONAL COURT OF JUSTICE 18
unlawful use of force and to compensate Nicaragua with reparations. The United States after did
Another case is Mexico v. United States, ICJ, March 31, 2004, wherein the complaint of
Mexico against the United States, who is one of the signatories to the protocol on the Vienna
Convention on Consular Relations, had violated Sec. 36 of the Vienna Convention for not
informing the Mexican nationals of their rights to communicate thru consul to their government
and to be visited by the former, and also ordered the United States to reconsider and review the
death sentences that was imposed on the Mexican nationals by the US courts, rendered in
violation of their said rights. So to prevent themselves, the United States from compliance with
the decision given by the International Court of Justice, they withdrew from the protocol so the
The International Court of Justice as the principal organ of the United Nations should be
taken very seriously especially the given judgment of the Court. The case law of the International
Court of Justice is relied upon by domestic courts, other international courts and tribunals, legal
advisers and scholars in the field of international law and the International Law Commission in
relating to the promotion of the progressive development of the international law and its
codification.
The Court may also re-open cases either through interpretation or for revision.
there that, in case of a disagreement as to the meaning and scope of a judgment, the Parties may
request the Court to construe it.7 The request for interpretation may be submitted through the
means of application of one or more of the parties or through a special agreement. And before a
7
Article 60, Statute of International Court of Justice
INTERNATIONAL COURT OF JUSTICE 19
court to be able to entertain a request for interpretation, there must be a dispute as to the meaning
and scope of judgment. In the Chorzw Factory Case of 1927, it is held that under that provision,
it should be sufficient if the two governments have in fact shown themselves as holding
opposite views in regard to the meaning or scope of a judgment of the Court.8 The interpretation
that the Court will render must be kept within the confinement of the judgment in which is the
Aside from interpretation, the other method wherein the Court may open a case is
through a request for revision of a judgment as provided by the Statute. An application for
revision of a judgment may be filed only if its discovery is based on a fact that is taken as a
decisive that when such judgment is delivered, was unknown to the Court and to the party
claiming such revision, and lack of knowledge was not due to negligence. In difference with the
requests for interpretation, there is a time-limit for filing the said request, that is the application
for revision that must be made within six months upon discovery of the new fact.9 The notion of
revision of judgments clearly shows the concept of res judicata,10 and in Article 61 of the Statute
makes it clear that such revision procedures are in the form of exceptional nature, especially to
the principle that is expressed in the Article 60 that such judgments of the Court are final and
without appeal.11
8
PCIJ, Chorzw Factory case (Interpretation of Judgments Nos. 7 and 8), PCIJ, Series A, n. 13, 1927
9
On revision procedures at the ICJ, cf., e.g., R. Geiss, Revision Proceedings before the International Court of
Justice, 63
10
Res Judicata is a matter that has been adjudicated by a competent court and may not be pursued further by the
same parties.
11
Article 60, Statute of International Court of Justice states that: The judgment is final and without appeal. In the
event of dispute as to the meaning or scope of the judgment, the Court shall construe it upon the request of any
party.
INTERNATIONAL COURT OF JUSTICE 20
The revision procedure has been used in a very limited instances or situations throughout
In the situation that relates to gravity and urgency, the International Court of Justice may
The court may also render judgment in certain disputes between states, and with the
authorization of the General Assembly, it may deliver advisory opinions to any organ of the
(Belgium versus Senegal, order of 28 May 2009) where the Court decided not to indicate
provisional measures I warned, in my dissenting opinion (para. 97), that the basic right at issue
pertained to the realization of justice, and the fact that the binding character of provisional
measures of protection is nowadays beyond question, on the basis of the res interpretata of the
ICJ itself, does not mean that we have reached a culminating point in the evolution of the ICJ
As to its function to give advisory opinions, it was held by the International Court of
Justice in accordance to the Article 96 of the Charter of United Nations14 and Article 65 of its
12
Article 41, Statute of International Court of Justice states that: 1. The Court shall have the power to
indicate, if it considers that circumstances so require, any provisional measures which ought to be taken to preserve
the respective rights of either party.
2. Pending the final decision, notice of the measures suggested shall forthwith be given to the parties and to the
Security Council.
13
Antnio Augusto Canado Trindade, Statute of the International Court of Justice, p. 11
14
Article 96, UN Charter states that: a. The General Assembly or the Security Council may request the
International Court of Justice to give an advisory opinion on any legal question.
b. 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.
INTERNATIONAL COURT OF JUSTICE 21
Statute15 that as part of its functions to give advisory opinions in relation to legal questions
submitted to it, enables the entities of the United Nations to seek guidance from the Court in
order to conduct its activities in accordance with the law. Such opinions given by the
International Court of Justice are merely advisory and is not binding. They are considered as a
guide that may be used by the United Nations. The consent of the States is not a compulsory
condition in order for the Court to give such opinions. the acceptance or non-acceptance of it
shall be determined by the internal law of such institution. It was observed by the Court during
1950 that, The consent of States, parties to a dispute, is the basis of the Courts Jurisdiction in
contentious cases. The situation is different in regard to advisory proceedings even where the
Request for an Opinion relates to a legal question actually pending between States. The Courts
reply is only of an advisory character: as such, it has no binding force. It follows that no State,
whether a Member of the United Nations or not, can prevent the giving of an Advisory Opinion
which the United Nations considers to be desirable in order to obtain enlightenment as to the
course of action it should take. The Courts opinion is given not to the States, but to the organ
which is entitled to request it; the reply of the Court, itself an organ of the United Nations,
represents its participation in the activities of the Organization, and, in principle, should not be
refused.16
In its opinion on the Legality of the Construction of the Wall in the Occupied Palestinian
Territory, The International Court of Justice was asked if what are the legal consequences that
15
Article 65, Statute of International Court of Justice states that: 1. The Court may give an advisory opinion
on any legal question at the request of whatever body may be authorized by or in accordance with the Charter of the
United Nations to make such a request.
2. Questions upon which the advisory opinion of the Court is asked shall be laid before the Court by means of a
written request containing an exact statement of the question upon which an opinion is required, and accompanied
by all documents likely to throw light upon the question.
16
Interpretation of Peace Treaties with Bulgaria, Hungary and Romania, First Phase, Advisory Opinion,
I.C.J. Reports 1950
INTERNATIONAL COURT OF JUSTICE 22
arise from the construction of the wall that was built by Israel, its occupying power, in the
Occupied Palestinian Territory, that included in and around East Jerusalem in consideration of
the rules and principles of international, including the Fourth Geneva Convention of 1949 and
relevant Security Council and General Assembly resolutions. The International Court of Justice
answered the given question against Israel and cited the rules of international law that supported
The International Court of Justice also gave its opinion regarding the Legal
considers a legal question may also have a political aspect, but such political aspect or
characteristic may not deprive it of being a question of legality and deprive the Court of a
competence that is expressly conferred on it by its Statute, the court cannot just refuse in
admitting the legal characteristic of a question that invites it in the discharge of an essential
judicial task.17
The International Court of Justice observes that certain rules and principles can be found
in the Charter of the United Nations Charter and such other treaties, customary international
laws, and resolutions that are relevant and is adopted in pursuant to the Charter by the Security
a State has an interest of a legal nature that could affect the decision of a case, it may submit a
request to the Court for it to be permitted to intervene.18 It shall also be for the court to decide
upon request. It also mentioned that whenever the construction of a convention in which the
states other than those concerned in the case are parties in question, the Registrar must notify all
17
Legality of the Threat or Use of Nuclear Weapon, I.C.J. Reports 1986 (I), p. 234, par. 13.
18
Article 62, Statute of Court of Justice
INTERNATIONAL COURT OF JUSTICE 23
such states forthwith and every state notified has the right to intervene in the proceedings, but if
it uses this right, such construction given by the judgment will be equally binding upon it.19 And
with regards to its application in the permission to intervene, in the case regarding Territorial
and Maritime Dispute in Nicaragua v. Columbia, 201120 and in the case in relation to
was held in the latter case that for the first time in its history, the International Court of Justice,
granted the faculty intervention to a third party, Greece (as a non-party) transcending the
19
Article 63, Statute of Court of Justice
20
Cf. ICJ, Territorial and Maritime Dispute (Nicaragua v. Colombia), Application for Permission to Intervene, I.C.J.
Reports 2011
21
ICJ, Jurisdictional Immunities of the State (Germany v. Italy), Application for Permission to Intervene, I.C.J.
Reports 2011
INTERNATIONAL COURT OF JUSTICE 24
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http://avalon.law.yale.edu/20th_century/leagcov.asp#art14
United Nations (18 April, 1946). Statute of the International Court of Justice.
http://legal.un.org/avl/pdf/ha/sicj/icj_statute_e.pdf
INTERNATIONAL COURT OF JUSTICE 25
Footnotes
Article 14, Covenant of the League of Nations states that: The Council shall formulate
and submit to the Members of the League for adoption plans for the establishment of a
Permanent Court of International Justice. The Court shall be competent to hear and determine
any dispute of an international character which the parties thereto submit to it. The Court may
also give an advisory opinion upon any dispute or question referred to it by the Council or by the
Assembly.
2
Article 92, UN Charter states that: The International Court of Justice shall be the
principal judicial organ of the United Nations. It shall function in accordance with the annexed
Statute, which is based upon the Statute of the Permanent Court of International Justice and
3
Article 35, par. 1, Statute of the International Court of Justice
4
Article 93, par. 2, Statute of the International Court of Justice
5
Article 35, par. 2, Statute of the International Court of Justice
6
Article 94, par. 2 Statute of International Court of Justice
7
Article 60, Statute of International Court of Justice
8
PCIJ, Chorzw Factory case (Interpretation of Judgments Nos. 7 and 8), PCIJ, Series A,
n. 13, 1927
9
On revision procedures at the ICJ, cf., e.g., R. Geiss, Revision Proceedings before the
10
Res Judicata is a matter that has been adjudicated by a competent court and may not be
11
Article 60, Statute of International Court of Justice states that: The judgment is final
and without appeal. In the event of dispute as to the meaning or scope of the judgment, the Court
the power to indicate, if it considers that circumstances so require, any provisional measures
2. Pending the final decision, notice of the measures suggested shall forthwith be given to the
may request the International Court of Justice to give an advisory opinion on any legal question.
b. 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
an advisory opinion on any legal question at the request of whatever body may be authorized by
or in accordance with the Charter of the United Nations to make such a request.
2. Questions upon which the advisory opinion of the Court is asked shall be laid before the
Court by means of a written request containing an exact statement of the question upon which an
opinion is required, and accompanied by all documents likely to throw light upon the question.
INTERNATIONAL COURT OF JUSTICE 27
16
Interpretation of Peace Treaties with Bulgaria, Hungary and Romania, First Phase,
13.
18
Article 62, Statute of Court of Justice
19
Article 63, Statute of Court of Justice
20
Cf. ICJ, Territorial and Maritime Dispute (Nicaragua v. Colombia), Application for
21
ICJ, Jurisdictional Immunities of the State (Germany v. Italy), Application for