Political Science and IR Optional 2023 Paper II

What is the structure and functions of International Court of Justice?

Verified Answer

The International Court of Justice (ICJ), often referred to as the World Court, is the principal judicial organ of the United Nations. Established in 1945 by the UN Charter, it is based at the Peace Palace in The Hague, Netherlands.

Structure: The ICJ is composed of 15 judges, who are elected for nine-year terms by the UN General Assembly and the UN Security Council, voting independently. Judges are eligible for re-election. To ensure impartiality, no two judges may be nationals of the same state. The Court's composition is designed to represent the main forms of civilization and the principal legal systems of the world. The judges elect their President and Vice-President for three-year terms. The Court is assisted by a Registry, its administrative organ.

Functions: The ICJ has two main functions:

  1. To settle legal disputes between states (contentious cases): Only states can be parties in contentious cases before the ICJ. The Court's jurisdiction is based on the consent of the states involved. This consent can be expressed in several ways: through a special agreement to submit a dispute to the Court, through a clause in a treaty that refers disputes to the ICJ, or through declarations accepting the Court's compulsory jurisdiction (the 'Optional Clause'). The Court applies international law, including treaties, international custom, general principles of law, and judicial decisions and scholarly writings as subsidiary means. Its judgments are binding on the parties to the case and are final without appeal.

  2. To give advisory opinions on legal questions: The General Assembly, the Security Council, and other authorized UN organs and specialized agencies can request advisory opinions from the Court on legal questions arising within the scope of their activities. These opinions are not binding but carry significant legal authority and moral weight, contributing to the development and clarification of international law. They often address complex legal issues related to the interpretation of the UN Charter or other international instruments.