International Court of Justice is the principal judicial organ of the United
Nations. Its seat is at the
Functions of the Court
The Court has a dual role: to settle in accordance with international law the legal disputes submitted to it by States, and to give advisory opinions on legal questions referred to it by duly authorized international organs and agencies.
The Court is composed of 15 judges elected to nine-year terms of office by the United Nations General Assembly and Security Council sitting independently of each other. It may not include more than one judge of any nationality. Elections are held every three years for one-third of the seats, and retiring judges may be re-elected. The Members of the Court do not represent their governments but are independent magistrates.
The judges must possess the qualifications required in their respective countries for appointment to the highest judicial offices, or be jurists of recognized competence in international law. The composition of the Court has also to reflect the main forms of civilization and the principal legal systems of the world.
When the Court does not include a judge possessing the nationality of a State party to a case, that State may appoint a person to sit as a judge ad hoc for the purpose of the case.
Contentious cases between States
Only States may apply to and appear before the Court. The Member States of the United Nations (at present numbering 192) are so entitled.
The Court is competent to entertain a dispute only if the States concerned have accepted its jurisdiction in one or more of the following ways:
by the conclusion between them of a special agreement to submit the dispute to the Court;
by virtue of a jurisdictional clause, i.e., typically, when they are parties to a treaty containing a provision whereby, in the event of a disagreement over its interpretation or application, one of them may refer the dispute to the Court. Several hundred treaties or conventions contain a clause to such effect;
through the reciprocal effect of declarations made by them under the Statute whereby each has accepted the jurisdiction of the Court as compulsory in the event of a dispute with another State having made a similar declaration. The declarations of 63 States are at present in force, a number of them having been made subject to the exclusion of certain categories of dispute.
In cases of doubt as to whether the Court has jurisdiction, it is the Court itself which decides.
The procedure followed by the Court in contentious
cases is defined in its Statute, and in the Rules of Court adopted by it under
the Statute. The latest version of the Rules dates from
After the oral proceedings the Court deliberates in camera and then delivers its judgment at a public sitting. The judgment is final and without appeal. Should one of the States involved fail to comply with it, the other party may have recourse to the Security Council of the United Nations.
The Court discharges its duties as a full court but, at the request of the parties, it may also establish a special chamber. The Court constituted such a chamber in 1982 for the first time, formed a second one in 1985, constituted two in 1987 and two more in 2002. A Chamber of Summary Procedure is elected every year by the Court in accordance with its Statute. In July 1993 the Court also established a seven-member Chamber to deal with any environmental cases falling within its jurisdiction.
Since 1946 the Court has delivered 76 Judgments on disputes concerning inter alia land frontiers and maritime boundaries, territorial sovereignty, the non-use of force, non-interference in the internal affairs of States, diplomatic relations, hostage-taking, the right of asylum, nationality, guardianship, rights of passage and economic rights.
Sources of applicable law
The Court decides in accordance with international treaties and conventions in force, international custom, the general principles of law and, as subsidiary means, judicial decisions and the teachings of the most highly qualified publicists.
The advisory procedure of the Court is open solely to international organizations. The only bodies at present authorized to request advisory opinions of the Court are five organs of the United Nations and 16 specialized agencies of the United Nations family.
On receiving a request, the Court decides which States and organizations might provide useful information and gives them an opportunity of presenting written or oral statements. The Court's advisory procedure is otherwise modelled on that for contentious proceedings, and the sources of applicable law are the same. In principle the Court's advisory opinions are consultative in character and are therefore not binding as such on the requesting bodies. Certain instruments or regulations can, however, provide in advance that the advisory opinion shall be binding.
Since 1946 the Court has given 24 Advisory Opinions, concerning inter alia admission to United Nations membership, reparation for injuries suffered in the service of the United Nations, territorial status of South-West Africa (Namibia) and Western Sahara, judgments rendered by international administrative tribunals, expenses of certain United Nations operations, applicability of the United Nations Headquarters Agreement, the status of human rights rapporteurs, and the legality of the threat or use of nuclear weapons.
In 1934 the Dutch post issued the first stamps for the Permanent Court of International Justice, the predecessor of the ICJ. From 1947 to 2004 special stamps for use by the ICJ were on sale. Use of these stamps was limited to the Court itself. For collectors the stamps issued until 1977 were only available with a cancellation. Only limited numbers of unused stamps can be found.
Photos: Peace Palace, The Hague (PE Fotostudio); Inaugural session 18 April 1946 in attendance of Princess Juliana and Prince Bernhard; Members of the ICJ and the Registrar in 2006 (Hadewych Veys); Public hearings in March 2006 (Jeroen Bouman); ICJ judgement (Jeroen Bouman).
The official website of the ICJ.
The International Court of Justice in Wikipedia.
Stamp catalogue - stamps for use by the International Court of Justice
These stamps can be found on the International Court of Justice country page.
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Extra stamp catalogue - reproduced stamps