October 4, 2022

Simplifying the statute of ICJ-Part I- Composition of Court

INTERNATIONAL COURT OF JUSTICE established by the Charter of the United Nations as
the principal judicial organ of the United Nation. (Article 1)

Organization of the Court (Charter I- Article 2-33)

Article 2 (Qualification)
The Court shall be composed of a

  • body of independent judges,
  • elected regardless of their nationality from among persons of high moral character,
  • who possess the qualifications required in their respective countries for appointment to the highest judicial offices, or
  • are jurisconsults of recognized competence in international law.

Article 3 (Numbers)

The Court shall consist of fifteen members, no two of whom may be nationals of the same state.

Article 4 (Election)

  • The members of the Court shall be elected by the General Assembly and by the Security Council
  • from a list of persons nominated by the national groups in the Permanent Court of Arbitration.

Article 5 (Procedure)

  • At least three months before the date of the election, the Secretary-General of the United Nations shall address a written request to the members of the Permanent Court of Arbitration belonging to the states which are parties to the present Statute inviting them to undertake, within a given time, by national groups, the nomination of per-
    sons in a position to accept the duties of a member of the Court.

  • No group may nominate more than four persons, not more than two of whom shall be of their own nationality. In no case may the number of candidates nominated by a group be more than double the number of seats to be filled.

Article 6

Before making these nominations, each national group is recommended to consult its highest court of justice, its legal faculties and schools of law, and its national academies and national sections of international academies devoted to the study of law.

Article 7

  • The Secretary-General shall prepare a list in alphabetical order of all the persons thus nominated. These shall be the only persons eligible.
  • The Secretary-General shall submit this list to the General Assembly and to the Security Council.

Article 8

The General Assembly and the Security Council shall proceed independently of one another to
elect the members of the Court.

Article 9 (Ethics)

  • At every election, the electors shall bear in mind not only that the persons to be elected should individually possess the qualifications required,
  • but also that in the body as a whole the representation of the main forms of civilization and of the principal legal systems of the world should be assured.

Article 10 (Final vote)

  • Those candidates who obtain an absolute majority of votes in the General Assembly and in the Security Council shall be considered as elected.
  • Any vote of the Security Council, for the election of judges shall be taken without any distinction between permanent and non-permanent members of the Security Council.

  • In the event of more than one national of the same state obtaining an absolute majority of the votes both of the General Assembly and of the Security Council, the eldest of these only shall be considered as elected.

Article 11 (Procedure if seats remain to be filled)

If, after the first meeting held for the purpose of the election, one or more seats remain to be
filled,
a second and, if necessary, a third meeting shall take place.

Article 12

  • If, after the third meeting, one or more seats still remain unfilled, a joint conference consisting of six members, three appointed by the General
    Assembly and three by the Security Council
    , may be formed at any time at the request of either the General Assembly or the Security Council, for the purpose of choosing by the vote of an absolute majority one name for each seat still vacant, to submit to the General Assembly and the Security Council for their respective acceptance.

  • If the joint conference is unanimously agreed upon any person who fulfils the required conditions, he may be included in its list, even though he was not included in the list of nominations referred to in Article 7.
  • If the joint conference is satisfied that it will not be successful in procuring an election, those members of the Court who have already been elected shall, within a period to be fixed by the Security Council, proceed to fill the vacant seats by selection from among those candidates who have obtained votes either in the General Assembly or in the Security Council.

Article 13 (Term and Resignation)

  • The members of the Court shall be elected for nine years and may be re-elected;
  • the judges elected at the first election, the terms of five judges shall expire at the end of three years and the terms of five more judges shall expire at the end of six years.
  • The members of the Court shall continue to discharge their duties until their places have been filled. Though replaced, they shall finish any cases which they may have begun.
  • In the case of the resignation of a member of the Court, the resignation shall be addressed to the President of the Court for transmission to the Secretary-General. This last notification makes the place vacant.

Article 14 (Procedure to fill the vacancies)

  • Vacancies shall be filled by the same method as that laid down for the first election, subject to the following provision:
  • the Secretary-General shall, within one month of the occurrence of the vacancy, proceed to issue the invitations provided for in Article 5, and the date of the election shall be fixed
    by the Security Council.

Article 15 (term of replacer)

A member of the Court elected to replace a member whose term of office has not expired shall hold office for the remainder of his predecessor’s term.

Article 16 (Bar to engagement)

No member of the Court may exercise any political or administrative function, or engage in any other occupation of a professional nature.

Article 17

  • No member of the Court may act as agent, counsel, or advocate in any case.
  • No member may participate in the decision of any case in which he has previously taken part as agent, counsel, or advocate for one of the parties, or as a member of a national or international court, or of a commission of enquiry, or in any other capacity.
  • Any doubt on this point shall be settled by the decision of the Court.

Article 18 (dismissal)

  • No member of the Court can be dismissed unless, in the unanimous opinion of the other members, he has ceased to fulfil the required conditions.

Article 19 (Immunity and privileges)

The members of the Court, when engaged on the business of the Court, shall enjoy diplomatic
privileges and immunities.

Article 20 (oath)

Every member of the Court shall, before taking up his duties, make a solemn declaration in open
court that he will exercise his powers impartially and conscientiously.

Article 21 (Administration Officers)

  • The Court shall elect its President and Vice-President for three years; they may be re-elected.

  • The Court shall appoint its Registrar and may provide for the appointment of such other
    officers as may be necessary.

Article 22 (Headquarter)

  • The seat of the Court shall be established at The Hague. This, however, shall not prevent the Court from sitting and exercising its functions elsewhere whenever the Court considers it desirable.

Article 23 (Work Period)

The Court shall remain permanently in session, except during the judicial vacations, the dates and duration of which shall be fixed by the Court.

Article 24 (Circumstances to not joining any special case)

  • If, for some special reason, a member of the Court considers that he should not take part in the decision of a particular case, he shall so inform the President.
  • If the President considers that for some special reason one of the members of the Court should not sit in a particular case, he shall give him notice accordingly.
  • If in any such case the member of the Court and the President disagree, the matter shall be settled by the decision of the Court.

Article 25 (Quorum and sitting)

  • The full Court shall sit except when it is expressly provided otherwise in the present Statute.
  • A quorum of nine judges shall suffice to constitute the Court.

Article 26 (Special Cases)

  • The Court may from time to time form one or more chambers, composed of three or more judges as the Court may determine, for dealing with particular categories of cases; for example, labor cases and cases relating to transit and communications.
  • Cases shall be heard and determined by the chambers provided for in this Article if the parties so request.

Article 27

  • A judgment given by any of the chambers provided for in Articles 26 and 29 shall be considered as rendered by the Court.

Article 28

  • The chambers provided for in Articles 26 and 29 may, with the consent of the parties, sit and exercise their functions elsewhere than at The Hague.

Article 29 (Chamber for speedy trial)

  • With a view to the speedy dispatch of business, the Court shall form annually a chamber composed of five judges which, at the request of the parties, may hear and determine cases by summary procedure

Article 30 (Framing of rules)

  • The Court shall frame rules for carrying out its functions. In particular, it shall lay down rules of procedure.
  • The Rules of the Court may provide for assessors to sit with the Court or with any of its chambers, without the right to vote.

Article 31

  • Judges of the nationality of each of the parties shall retain their right to sit in the case before the Court.
  • If the Court includes upon the Bench a judge of the nationality of one of the parties, any other party may choose a person to sit as judge.
  • If the Court includes upon the Bench no judge of the nationality of the parties, each of these parties may proceed to choose a judge.

Article 32

  • Each member of the Court shall receive an annual salary.
  • The President shall receive a special annual allowance.
  • The Vice-President shall receive a special allowance for every day on which he acts as President.
  • The judges chosen under Article 31, other than members of the Court, shall receive compensation for each day on which they exercise their functions.
  • These salaries, allowances, and compensation shall be fixed by the General Assembly.
  • They may not be decreased during the term of office.
  • The salary of the Registrar shall be fixed by the General Assembly on the proposal of the Court.
  • Regulations made by the General Assembly shall fix the conditions under which retirement pensions may be given to members of the Court and to the Registrar, and the conditions under which members of the Court and the Registrar shall have their traveling expenses refunded.
  • The above salaries, allowances, and compensation shall be free of all taxation.

Article 33

The expenses of the Court shall be borne by the United Nations in such a manner as shall be decided by the General Assembly.

Reference

Statute of International Court of Justice