Introduction                                   

The International Court of Justice (ICJ) also known as the World Court. It is the principal judicial organ of United Nations (UN). It is among one of the Six Principal Organs of United Nation. ICJ was established in year 1945 and began its operation in April, 1946. The court has its seat in The Hague, Netherlands.

The International Court of Justice is the successor of the Permanent Court of International Justice (PCIJ). The Permanent Court of Justice, established by the League of Nations in 1920, was dissolved in 1946. When the second war came to end, both the league and P.C.I.J were succeeded by the United Nations and I.C.J., respectively.

International Court of Justice is the only principal organ among the six principal organs of United Nations which is not located in New York (United States of America). International Courts of Justice operates on the basis of International Laws.

The International Court of Justice (ICJ) operates on the basis of international law. It applies international treaties, customs, general principles of law, judicial decisions, and the teachings of highly qualified legal scholars to settle disputes between states, as mentioned in Article 38 of the ICJ Statutes under the United Nations.

The official languages of the ICJ are French and English, as stated in Article 39 of the ICJ Statutes. The ICJ has two major functions:

1. Settlement of International Legal Disputes: This involves resolving disputes submitted by states, known as contentious cases.

2. Advisory Opinions: The ICJ provides advisory opinions on legal issues referred to it by UN bodies, as outlined in Chapter 4 of the ICJ Statutes Composition of the International Court of Justice.

Composition of  International court of justice

1. Number of Judges: The ICJ is composed of 15 judges.
2. Election Process: Judges are elected by the United Nations General Assembly and the Security Council separately.
3. Term of Office:  Judges serve a term of 9 years and can be re-elected after their term expires.
4. Election and Nomination:  Judges are elected from a list of nominees put forward by national groups, as outlined in the Permanent Court of Arbitration established by the Hague Convention of 1907.
5. Election Criteria:  Judges are selected based on high moral character and either hold qualifications for the highest judicial office in their country or are recognized experts in international law (Article 2 of ICJ Statute)
6. 0ath and Impartiality: Solemn Declaration: Before taking up their duties, judges must make a solemn declaration in open court to exercise their powers impartially (Article 20 of ICJ Statute).
7. Restrictions and Duties: Judges may not hold any political or administrative positions or engage in other professional occupations during their tenure (Article 16).
8. Retiring judges are eligible for re-election.
9. Quorum: The court requires a minimum of 9 judges to be present to conduct its proceedings (Article 25 of ICJ Statute).

JURISDICTION OF THE INTERNATIONAL COURT OF JUSTICE JURISDICTION:

Jurisdiction is the authority of a court to make decisions in legal matters or oversee a case. The Court derives its jurisdiction from the consent of the state involved, which means that the court can only exercise its authority to hear and decide disputes if the states concerned have agreed to submit their case to the I.C.J.

According to article 36, Para 1 of the statute of the ICJ , which lays down 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.

I.C.J doesnot decide all the disputes, it decides only such which is a legal disputes i.e. When the parties to the disputes base their respective claims and contentions on grounds recognised by International law.

Nicaragua Vs Honduros: In this case, the Court(I.C.J) states that the court is only concerned with a case involving a legal dispute.

Jurisdiction of the court may be divided broadly in two categories.

1. Contentious Jurisdiction:

Contentious Jurisdiction is such Jurisdiction when the International Court of Justice decides any cases with the consent of the parties to a case. Under international law, disputes or cases which are legal and submitted to it by States are decided with the consent of the parties to the case. Consent is the fundamental principle of this jurisdiction. A case cannot be held simply because one party files a case i.e. consent of both the parties is necessary and also even the dependent country’s consent is necessary.

State may Consent to the jurisdiction of the ICJ in a manner of ways, including:

1. Through a special agreement between the parties.
2. By submitting to the Jurisdiction of the court through a general declaration or,
3. By including a provision for I.C.J jurisdiction in a treaty.

Once a court has established that it has jurisdiction over a dispute, it will proceed to hear the case and render a Judgment.

There are three kinds of Contentious Jurisdiction

• Voluntary Jurisdiction: It refers to a jurisdiction that does not require a judicial proceeding, as the granting letters of administration and receiving the probate of wills gives the assent of the parties for the jurisdiction of the Court in advance.

• Ad hoc Jurisdiction: When there is a dispute between two parties and they approach a court to decide the case, but the court does not have pre-established Jurisdiction to take up the matter, the authority granted to the court to hear and decide that specific case is known as ad hoc jurisdiction.

• Compulsory Jurisdiction: The court can initiate the proceeding for the case even without the consent in the compulsory jurisdiction. The universal level of this jurisdiction depends on the approval of the Nation-States and the procedure is also laid down.

Cases decided under contentious jurisdiction:

a. The Corfu Channel Case.(https://www.icj-cij.org/case/1) – In this case, the court clarified the law relating to self-defense, intervention, and innocent passage.

b. Nottebohn case(https://www.icj-cij.org/case/18)

c. The Asylum case(https://www.icj-cij.org/case/7) etc.

2. Advisory Jurisdiction:

Advisory Jurisdiction of the I.C.J refers to the Court’s authority to provide Non-binding legal opinions on questions of International law. It gives advisory opinions on legal questions are given at the request of the organs of the United Nations, specialized agencies, or one related authorized organization.

• According to Article 65 of the Statute of the International Court of Justice:

1. The Court may give an advisory opinion on any legal questions at the request of whatever body may be authorized by or in accordance with the charter of the UN to make such a request.

2. Questions upon which 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.

It is important to note that ICJ does not have criminal jurisdiction and cannot hear cases involving individual or non-state actors. The court’s jurisdiction is limited to disputes between states and its role is to resolve legal disputes and promote the peaceful settlement of International disputes.

References :

• Statute Of ICJ
• UN Chater, https://www.un.org/en/about-us/un-charter
• https://www.icj-cij.org/home