The International Court of Justice (ICJ) is the principal judicial organ of the United Nations, established in 1945 under the UN Charter. Its primary role is to settle legal disputes between states and provide advisory opinions on legal questions referred to it by authorized UN bodies and agencies. The ICJ is seated in The Hague, Netherlands, and operates under its foundational document, the Statute of the ICJ, which outlines its structure, functioning, jurisdiction, and procedures.
Key Points of the ICJ Statute:
Composition:
- The ICJ consists of 15 judges elected for nine-year terms.
- Judges are independent and cannot represent their home countries.
Jurisdiction:
- Handles disputes referred to it by states and legal questions submitted by UN bodies.
- Jurisdiction is based on consent of states involved.
Advisory Opinions:
- The ICJ provides non-binding legal opinions to UN organs and agencies.
Procedure:
- Cases include written and oral proceedings.
- Decisions are final and binding between the parties involved.
Languages:
- Official languages are English and French.
Amendments:
- Amendments to the Statute follow the procedure of amending the UN Charter.
Important MCQs on International Court of Justice
- Q: Where is the seat of the ICJ?
A: The Hague, Netherlands. - Q: How many judges does the ICJ have?
A: 15. - Q: What is the term length for ICJ judges?
A: Nine years. - Q: Can ICJ judges represent their home countries?
A: No, they must act independently. - Q: Who elects the ICJ judges?
A: The UN General Assembly and Security Council. - Q: What type of disputes does the ICJ hear?
A: Legal disputes between states. - Q: Can individuals bring cases before the ICJ?
A: No, only states may be parties in cases. - Q: On what basis does the ICJ exercise jurisdiction?
A: Consent of the states involved. - Q: Can the ICJ give advisory opinions?
A: Yes, on legal questions referred by UN organs. - Q: Are ICJ judgments binding?
A: Yes, but only for the parties to the case. - Q: Can two judges of the ICJ be nationals of the same country?
A: No. - Q: How is a judge replaced if their term ends prematurely?
A: Through the same method as the initial election. - Q: What qualifications must ICJ judges possess?
A: High moral character and qualifications for the highest judicial offices. - Q: How are judges selected in the case of an equal vote?
A: The eldest judge is considered elected. - Q: Who manages judge nominations for the election?
A: National groups in the Permanent Court of Arbitration. - Q: What are the ICJ’s official languages?
A: English and French. - Q: How does the ICJ deliver its judgment?
A: In open court. - Q: What constitutes a quorum for ICJ proceedings?
A: 9 judges. - Q: Can the ICJ provide provisional measures?
A: Yes, to preserve the rights of parties before the final judgment. - Q: What happens if one party fails to appear in court?
A: The court may proceed after ensuring jurisdiction and a valid claim. - Q: Who can request ICJ advisory opinions?
A: UN organs and specialised agencies. - Q: Are advisory opinions binding?
A: No, they are non-binding. - Q: What is the primary function of advisory opinions?
A: To clarify legal questions. - Q: How are advisory requests submitted?
A: Through a written request to the Court. - Q: Can the ICJ seek information from international organizations?
A: Yes. - Q: Who proposes amendments to the Statute of the ICJ?
A: The ICJ itself or through UN procedures. - Q: Which article governs amendments to the Statute?
A: Article 69. - Q: Can rules of procedure be amended by the ICJ?
A: Yes. - Q: Are ICJ salaries subject to taxation?
A: No, they are tax-exempt. - Q: Who funds the ICJ’s expenses?
A: The United Nations. - Q: What is the maximum number of candidates a national group can nominate?
A: Four. - Q: How many judges are required for summary procedure chambers?
A: Five. - Q: Can the ICJ conduct hearings outside The Hague?
A: Yes, with the consent of the parties. - Q: Are ICJ deliberations public?
A: No, they are private. - Q: What type of legal systems does the ICJ represent?
A: Major legal systems of the world. - Q: What is the primary source of law for the ICJ?
A: International conventions and customs. - Q: Can the ICJ consider judicial decisions?
A: Yes, as a subsidiary source. - Q: Can the ICJ decide a case ex aequo et bono?
A: Yes, with party agreement. - Q: What article outlines the legal sources of the ICJ?
A: Article 38. - Q: Is international custom recognized as law by the ICJ?
A: Yes. - Q: Who signs ICJ judgments?
A: The President and the Registrar. - Q: What happens in case of judge’s disagreement during voting?
A: The President has a casting vote. - Q: Can costs of proceedings be allocated by the ICJ?
A: Yes, unless the Court decides otherwise. - Q: Can judges deliver separate opinions?
A: Yes. - Q: Are ICJ proceedings entirely oral?
A: No, they are both written and oral. - Q: When was the ICJ established?
A: 1945. - Q: What replaced the Permanent Court of International Justice?
A: The International Court of Justice. - Q: Can ICJ judgments be appealed?
A: No, they are final. - Q: How does the ICJ settle jurisdiction disputes?
A: By its own decision. - Q: Which chapter of the Statute deals with advisory opinions?
A: Chapter IV.
Category Wise Questions
Organization and Structure:
- Q: What body established the ICJ?
A: The Charter of the United Nations. - Q: How many judges form a quorum in the ICJ?
A: 9 judges. - Q: What is the retirement age of ICJ judges?
A: There is no specified retirement age; judges serve for nine years. - Q: Can ICJ judges engage in political functions?
A: No, they cannot. - Q: How is the ICJ President selected?
A: Elected by members of the Court. - Q: What is the ICJ Vice-President’s term of office?
A: Three years. - Q: Where does the ICJ derive its expenses from?
A: United Nations budget. - Q: Can ICJ judges participate in cases involving their home country?
A: Only if appointed as ad hoc judges. - Q: How often does the ICJ form a summary procedure chamber?
A: Annually. - Q: Can ICJ judges receive pensions?
A: Yes, as determined by the General Assembly.
Jurisdiction:
- Q: Can the ICJ enforce its decisions?
A: No, it relies on UN mechanisms for enforcement. - Q: What happens if a state refuses to comply with an ICJ decision?
A: The matter can be referred to the Security Council. - Q: Can a treaty obligate states to ICJ jurisdiction?
A: Yes, if agreed by the parties. - Q: Which Article allows states to recognize ICJ jurisdiction as compulsory?
A: Article 36(2). - Q: Can the ICJ interpret UN Charter provisions?
A: Yes, if the case involves legal interpretation. - Q: Are decisions of ICJ chambers binding?
A: Yes, as if rendered by the full Court. - Q: What article governs disputes over ICJ jurisdiction?
A: Article 36(6). - Q: Can public international organizations appear as parties before the ICJ?
A: No, only states can. - Q: Can the ICJ review decisions of national courts?
A: No, it resolves disputes between states. - Q: Is the ICJ’s jurisdiction mandatory for all UN members?
A: No, it is based on state consent.
Election of Judges:
- Q: Who organizes judge elections for the ICJ?
A: The UN Secretary-General. - Q: How are ties resolved in ICJ judge elections?
A: The eldest candidate is elected. - Q: When do ICJ judges take their solemn declaration?
A: Before taking office. - Q: How are replacements for ICJ judges chosen if a vacancy occurs?
A: Through the same procedure as regular elections. - Q: How often are ICJ judge elections held?
A: Every three years for a third of the judges. - Q: Can a state nominate multiple candidates for ICJ judgeship?
A: Yes, but not more than four. - Q: Who can nominate candidates for ICJ judgeship?
A: National groups in the Permanent Court of Arbitration. - Q: Can a judge’s term be renewed?
A: Yes, judges can be re-elected. - Q: What happens if a judge resigns?
A: The resignation is addressed to the President of the Court. - Q: Which Article details the election process for ICJ judges?
A: Article 4.
Procedure:
- Q: Can hearings at the ICJ be closed to the public?
A: Yes, if decided by the Court or requested by the parties. - Q: How are witnesses examined in ICJ proceedings?
A: According to rules set by the Court. - Q: Are parties allowed to choose their agents and counsel?
A: Yes. - Q: What is the role of the Registrar in the ICJ?
A: To manage communications and administrative duties. - Q: Can the ICJ reject evidence presented late?
A: Yes, unless the other party consents. - Q: Are ICJ judgments publicly available?
A: Yes, judgments are delivered in open court. - Q: Can the ICJ appoint experts to assist in cases?
A: Yes. - Q: What happens if there is an equality of votes in the ICJ?
A: The President casts the deciding vote. - Q: Can provisional measures be binding?
A: They are generally non-binding but carry legal weight. - Q: What is the final step after ICJ deliberations?
A: Judgment delivery in open court.
Advisory Opinions:
- Q: Can states request advisory opinions from the ICJ?
A: No, only authorized UN organs and agencies can. - Q: Are advisory opinions delivered in public?
A: Yes, in open court. - Q: Can the ICJ decline to provide an advisory opinion?
A: Yes, if deemed inappropriate. - Q: What documents must accompany an advisory opinion request?
A: Documents clarifying the legal question. - Q: What Article governs advisory opinions?
A: Article 65. - Q: Who is notified of advisory opinion requests?
A: All states entitled to appear before the ICJ. - Q: Are advisory opinions subject to appeal?
A: No. - Q: What type of questions does the ICJ address in advisory opinions?
A: Legal questions only. - Q: Can states provide written statements for advisory proceedings?
A: Yes. - Q: Who decides the time limit for submissions in advisory cases?
A: The ICJ President.