September 30, 2022

Simplifying the statute of ICJ- Part IV- Advisory Opinion and Amendment in Statute

In last articles, we have discussed ‘composition of court’, ‘competence of court’ and ‘Procedure of the court’. In this article, we will explain the chapter IV and V of ICJ’s Statute.

Chapter IV and V describe the ‘advisory opinion’ and ‘amendment in the statute’ respectively.

CHAPTER IV ADVISORY OPINIONS

Article 65

  • 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.
  • 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.

Article 66

The Registrar shall forthwith give notice of the request for an advisory opinion to all states entitled to appear before the Court.

Article 67

The Court shall deliver its advisory opinions in open court, notice having been given to the Secretary-General and to the representatives of Members of the United Nations, of other states and of international organizations immediately concerned.

Article 68

In the exercise of its advisory functions the Court shall further be guided by the provisions of
the present Statute
which apply in contentious cases to the extent to which it recognizes them to be applicable.

CHAPTER V- AMENDMENT

Article 69

Amendments to the present Statute shall be effected by the same procedure as is provided by the Charter of the United Nations for amendments to that Charter.

Article 70

The Court shall have power to propose such amendments to the present Statute as it may deem necessary, through written communications to the Secretary-General, for consideration in conformity with the provisions of Article 69.

Reference

Statute of International court of Justice