Statute of the Court of Justice | international court of justice (2023)

CHAPTER III: PROCEDURE (Articles 39 to 64)
CHAPTER IV: OPINIONS (Articles 65 to 68)

Article 1

The International Court of Justice, established by the Charter of the United Nations as the principal judicial body of the United Nations, is constituted in accordance with the provisions of this Statute and operates in accordance with this Statute.

Article 2

The Court will consist of a body of independent judges, chosen regardless of nationality from persons of high moral standing, who fulfill the qualifications required in their respective countries to hold the highest judicial offices, or are legal advisers with recognized competence in international law. read.

Article 3

1. The Court shall consist of fifteen members, two of whom may not be nationals of the same State.

2. A person who may be considered a national of more than one State for the purposes of the composition of the Court shall be deemed to be a national of the State in which he ordinarily exercises his civil and political rights.

Article 4

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

2. In the case of Members of the United Nations not represented on the Permanent Court of Arbitration, candidates shall be proposed by national groups designated for that purpose by their Governments on the same terms as those provided for Members of the Permanent Court of Arbitration Arbitration under Article 44 of the 1907 Hague Convention for the Peaceful Settlement of International Disputes.

3. The conditions under which a State party to this Statute but not a member of the United Nations may participate in the election of the members of the Court shall, in the absence of a special agreement, be determined by the General Council. Assembly recommended by the Security Council.

Article 5

1. 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 Parties to this Statute and to the members of the national groups designated under article 4, paragraph 2, and calls on them to proceed, within a specified period, after national groups to nominate persons capable of taking on the functions of Members of the Court.

2. No group may nominate more than four persons, of whom no more than two may be of their own nationality. In no case may the number of candidates proposed by a group exceed twice the number of posts to be filled.

Article 6

Before nominating, each national group is recommended to consult its Supreme Court, law schools and law schools, national academies and national sections of international academies dedicated to the study of law.

Article 7

1. The Secretary-General shall draw up an alphabetical list of all persons so nominated. With the exception of the provisions of Article 12.º, No. 2, only these are entitled.

2. The Secretary-General shall submit this list to the General Assembly and the Security Council.

Article 8

The General Assembly and the Security Council independently elect the members of the Tribunal.

Article 9

In any election, voters must bear in mind not only that individuals to be elected have the necessary qualifications individually, but also that, collectively, representation of the principal forms of civilization and the principal legal systems of the world must be ensured.

Article 10

1. The candidates who obtain an absolute majority of votes in the General Assembly and in the Security Council shall be deemed elected.

2. All voting in the Security Council, whether to elect judges or to appoint members of the conference provided for in Article 12, shall be conducted without distinction between permanent and non-permanent members of the Security Council.

3. If more than one national of the same state obtains an absolute majority of the votes of the General Assembly and the Security Council, only the oldest shall be deemed elected.

Article 11

If one or more positions need to be filled after the first meeting, a second and, if necessary, a third will be held.

Article 12

1. If, after the third session, one or more seats remain vacant, a joint conference, composed of six members, three of whom shall be appointed by the General Assembly and three by the Security Council, may be formed at any time, at the request of one of the members, General Assembly or Security Council, with the Purpose to elect, by absolute majority, a name for each vacant position to be submitted to the General Assembly and the Security Council for adoption respectively.

2. If the joint conference unanimously approves a person who fulfills the necessary qualifications, he may be included on its list even if he is not on the list of candidates referred to in article 7.

3. If the joint conference is satisfied that it will not obtain an election, the members of the Court already elected shall, within a time limit to be determined by the Security Council, fill vacancies by selection. among the candidates who received votes in the General Assembly or the Security Council.

4. In the event of a tie between the judges, the highest-ranking judge has the casting vote.

Article 13

1. The members of the Tribunal are elected for nine years and are renewable; provided, however, that the terms of office of the judges elected at the first election expire after three years for five judges and after six years for five further judges.

2. Judges whose term of office will expire at the end of the first terms of three and six years referred to above shall be drawn by lot by the Secretary-General immediately after the first election.

3. The members of the Tribunal will continue to exercise their functions until their respective positions are filled. Even if they are replaced, they will finish the cases they started.

4. In the event 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. With this final termination, the position remains vacant.

Article 14

Vacancies shall be filled by the same method as for the first election, subject to the following provisions: The Secretary-General shall conduct the calls provided for in Article 5 in the month following the vacancy, and the date of the election shall be determined by the Security Council.

Article 15

The Member of the Court elected to replace a Member whose term of office has not expired shall remain in office for the remainder of the term of office of his predecessor.

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Article 16

1. No member of the court may hold any political or administrative office or engage in any other professional activity.

2. Any doubts on this point will be settled by a decision of the arbitral tribunal.

Article 17

1. No member of the Arbitral Tribunal may act as agent, counsel or counsel in any case.

2. No member may participate in the decision of any proceeding in which he has previously intervened as agent, advocate or advocate for either party, or as a member of any national or international tribunal or commission of inquiry, or otherwise any other capacity.

3. Any doubts on this point will be resolved by decision of the arbitral tribunal.

Article 18

1. No member of the Tribunal may be dismissed, except by a unanimous decision of the remaining members, if he no longer fulfills the required conditions.

2. The Secretary formally notifies the Secretary General.

3. With this job advertisement, the position remains vacant.

Article 19

The members of the Court enjoy diplomatic privileges and immunities in the exercise of their functions.

Article 20

Before assuming office, each member of the Tribunal must solemnly declare at a public hearing that he will exercise his powers impartially and conscientiously.

Article 21

1. The Court elects its President and Vice-President for three years; they can be re-elected.

2. The Court shall appoint its secretary and may direct the appointment of other necessary officials.

Article 22

1. The seat of the Court is The Hague. However, this shall not prevent the arbitral tribunal from meeting and exercising its duties elsewhere if the arbitral tribunal deems it expedient.

2. The President and the Secretary reside at the seat of the Court.

Article 23

1. The Court shall sit continuously except during judicial holidays, the dates and duration of which shall be determined by the Court.

2. The members of the Court are entitled to periodic holidays, the dates and duration of which shall be determined by the Court taking into account the distance between The Hague and the domicile of each judge.

3. The members of the arbitral tribunal shall be obliged to be at the disposal of the arbitral tribunal at all times, except in the case of leave or absence due to illness or other serious reasons duly justified to the President.

Article 24

1. If for any reason a member of the court considers that he should not take part in the decision of a particular case, he shall notify the President thereof.

2. If the President considers that any member of the Tribunal should not try a particular case for any particular reason, he shall so inform him.

3. If the member of the court and the president disagree in this case, the matter shall be settled by decision of the court.

Article 25

1. The Court shall meet in plenary unless otherwise expressly provided in these Statutes.

2. As long as the number of judges available for the composition of the Court is not reduced to less than eleven, the Rules of Procedure of the Court may provide for the dismissal of one or more judges, depending on the circumstances and by rotation.

3. A quorum of nine judges is sufficient to constitute the Court.

Article 26

1. The Court may from time to time form one or more chambers composed of three or more judges appointed by the Court to hear particular categories of cases; for example, labor claims and claims related to traffic and communications.

2. The Court may at any time form a Chamber to hear a particular case. The number of judges forming such a chamber shall be determined by the court with the consent of the parties.

3. The causes will be made known and resolved by the bodies provided for in this article if the parties so request.

Article 27

The judgment of one of the Chambers provided for in Articles 26 and 29 shall be deemed to have been given by the Court.

Article 28

The Chambers provided for in Articles 26 and 29 may, with the consent of the parties, meet and exercise their functions outside The Hague.

Article 29

With the aim of dealing with matters expeditiously, the Court will annually form a chamber composed of five judges who can hear at the request of the parties and decide on a summary basis. In addition, two judges will be selected to replace non-participating judges.

Article 30

1. The Court shall establish the norms for the performance of its duties. In particular, he determines the rules of procedure.

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2. The Rules of Procedure of the Court may provide that Advisers shall be non-voting members of the Court or of any Chamber thereof.

Article 31

1. The judges of the nationality of each of the parties retain the right to hear the case before the court.

2. If the court appoints a judge of the nationality of one of the parties to the division, any other party may elect a person to hold the office of judge. This person will preferably be chosen from among those proposed as candidates in accordance with the provisions of Articles 4 and 5.

3. If the court does not have a judge of the nationality of the parties, each of them may choose a judge in the manner provided for in paragraph 2 of this article.

4. The provisions of this Article shall apply to the cases of Articles 26 and 29. In such cases, the President shall request one or, as the case may be, two of the members of the Court constituting the Chamber to appoint the members of the Court of the nationality of the parties concerned and in their absence or incapacity, judges specially selected by the parties.

5. If several parties have the same interest, they will be considered as a single party for the purposes of the provisions of the previous paragraphs. Any doubts on this point will be dispelled by a decision of the court.

6. Judges elected pursuant to paragraphs 2, 3 and 4 of this article must fulfill the conditions of articles 2, 17 (n.2), 20 and 24 of this statute. Together with their colleagues, they will participate in the decision on full equality.

Article 32

1. Each member of the arbitral tribunal receives an annual salary.

2. The President receives a special annual fee.

3. The Vice-President shall receive a special allowance for each day he serves as Chairman.

4. Judges elected under Article 31 who are not members of the Court shall be paid for each day of service.

5. These salaries, bonuses and compensation are determined by the General Assembly. They cannot be reduced during the term.

6. The Secretary's salary is determined by the General Assembly on the proposal of the Court.

7. The regulations issued by the General Assembly shall determine the conditions under which pensions may be granted to the members of the Court and the Secretary, and the conditions under which the travel expenses of the members of the Court and the Registrar shall be reimbursed.

8. Past wages, allowances and compensation are exempt from all taxes.

Article 33

The costs of the Court shall be borne by the United Nations in such manner as the General Assembly may decide.

Article 34

1. Only States may be parties to proceedings before the Court.

2. The Court may, subject to and in accordance with its Rules of Procedure, request information from public international organizations relevant to the cases before it, and shall receive information submitted by those organizations on its own initiative.

3. Whenever the interpretation of the instrument of incorporation of a public international organization, or of an international convention adopted pursuant to it, is involved in a case before the court, the Secretary shall publicly notify the international organization concerned and communicate all copies to written procedures.

Article 35

1. The Court shall be open to States parties to this Statute.

2. The terms under which the Court is open to other States will be determined by the Security Council, without prejudice to specific provisions in the applicable treaties, but in no event will such terms place the parties in an unequal position. In court.

3. When a State which is not a member of the United Nations is a party to any litigation, the Court shall determine the amount which that party shall contribute to the costs of the Court. This provision does not apply if that state bears part of the court costs

Article 36

1. The jurisdiction of the Court shall include any case submitted to it by the parties and any matter expressly provided for in the Charter of the United Nations or in applicable treaties and conventions.

2. States Parties to this Statute may at any time declare that they accept, ipso facto and without special agreement in relation to any other State which accepts the same obligation, the jurisdiction of the Court in all disputes of a legal nature as binding:

  1. the interpretation of a contract;

  2. any matter of international law;

  3. the existence of a fact which, if proven, would constitute a breach of an international obligation;

  4. The nature or extent of remedial action to be taken in the event of a breach of an international obligation.

3. The declarations referred to in the preceding paragraph may be made by several or specified States unconditionally or on a condition of reciprocity or for a specified period.

4. These declarations shall be deposited with the Secretary-General of the United Nations, who shall transmit copies to the parties to the Statute and to the Secretary of the Court.

5. Declarations made pursuant to Article 36 of the Statute of the Permanent Court of International Justice which are still in force shall be deemed by the parties to this Statute to be acknowledgment of the binding jurisdiction of the International Court of Justice for the remaining term in progress and in accordance with their terms.

6. In the event of a dispute over the jurisdiction of the court, the matter shall be settled by a decision of the court.

Article 37

Whenever an applicable treaty or convention provides for the referral of a question to a tribunal appointed by the League of Nations or to the Permanent Court of International Justice, the matter shall be referred to the International Court of Justice between the parties to this Statute of Justice.

Article 38

1. The Court, whose function it is to decide disputes submitted to it in accordance with international law, applies:

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  1. international conventions, general or specific, which establish norms expressly recognized by the parties to the process;

  2. international custom as evidence of a common practice recognized as law;

  3. the general principles of law recognized by civilized nations;

  4. subject to the provisions of Article 59, judicial decisions and teachings of the most qualified publicists of various nations as aids in determining the norms of law.

2. This provision is without prejudice to the Court's decision-making powersfor justice and goodness, if the parties so agree.

Article 39

1. The official languages ​​of the Court are French and English. If the parties agree that the proceedings will be conducted in French, the judgment will be in French. If the parties agree that the case will be conducted in English, the judgment will be given in English.

2. In the absence of an agreement on the language to be used, each party may use the language it prefers in writing; the court's decision is announced in French and English. In this case, the court will determine at the same time which of the two texts will be considered valid.

3. At the request of one of the parties, the court authorizes the use of a language other than French or English.

Article 40

1. Matters are submitted to the Arbitral Tribunal by service of the Special Agreement or by written application to the Registrar, as the case may be. In each case, the subject of the dispute and the parties are indicated.

2. The Registrar will promptly communicate the request to all interested parties.

3. It shall also notify Members of the United Nations, through the Secretary-General, as well as other States entitled to appear before the Court.

Article 41

1. The Court shall have jurisdiction, if it considers that the circumstances so require, to determine the interim measures to be taken to safeguard the respective rights of either party.

2. Pending a final decision, proposed measures shall be promptly notified to the parties and to the Security Council.

Article 42

1. The parties are represented by representatives.

2. You can be assisted by lawyers or lawyers in court.

3. The parties' agents, advisers and lawyers before the Court shall enjoy the privileges and immunities necessary for the independent exercise of their duties.

Article 43

1. The procedure consists of two parts: written and oral.

2. The written phase consists in sending memoranda, counter-memoranda and, where appropriate, replies to the court and the parties; Also all receipts and documents.

3. These communications will be made through the Secretary in the order and timeframe determined by the Court.

4. A certified copy of each document submitted by one of the parties will be sent to the other party.

5. The hearing consists of hearings by the court of witnesses, experts, agents, lawyers and advocates.

Article 44

1. For the service of all notices on persons other than agents, attorneys and attorneys-at-law, the court applies directly to the government of the state in whose territory the notice is to be served.

2. The same applies if on-site examinations have to be carried out.

Article 45

The hearing shall be conducted by the President or, if he is unable to do so, by the Vice-President; if none of them can preside, the senior judge present presides.

Article 46

The court hearing is open to the public unless the court decides otherwise or the parties request that it not be open to the public.

Article 47

1. Minutes are taken of each hearing and signed by the Secretary and the President.

2. Only these logs are authentic.

Article 48

The court orders the investigation of the case, decides the form and timeframe within which each party must finalize its allegations, and takes all steps related to the presentation of evidence.

Article 49

The court can also request the authorized representatives to submit documents or provide explanations before the start of the oral hearing. Any refusal will be formally noted.

Article 50

The Court may at any time entrust any person, agency, office, commission or other body of its choice with carrying out an inquiry or drawing up an expert opinion.

Article 51

During the hearing, the relevant questions shall be put to the witnesses and experts under the conditions laid down by the Court of Justice in the regulations referred to in Article 30.

Article 52

After receiving the evidence and evidence within the time allotted for this purpose, the court may reject any further oral or written evidence that one of the parties wishes to present without the consent of the other party.

Article 53

1. If one of the parties does not appear before the court or does not defend itself, the other party may ask the court to allow its complaint.

2. The Court must first ensure that it not only has jurisdiction under Articles 36 and 37, but also that the application is factually and legally founded.

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Article 54

1. When the agents, counsel and counsel under the control of the Court have completed the presentation of the case, the President closes the hearing.

2. The court retires to review the verdict.

3. The deliberations of the Tribunal are conducted behind closed doors and in secret.

Article 55

1. All questions are decided by the majority of the judges present.

2. In the event of a tie, the President or sitting judge has the casting vote.

Article 56

1. The judgment must be reasoned.

2. It contains the names of the judges involved in the decision.

Article 57

If the prize does not, in whole or in part, reflect the unanimous opinion of the judges, each judge is entitled to give a dissenting opinion.

Article 58

The judgment is signed by the President and the Secretary. It will be read at a public hearing after notification to the agents.

Article 59

The court's decision is only binding between the parties and in relation to that particular case.

Article 60

The judgment is final and incontestable. In the event of a dispute about the meaning or scope of the judgment, the court will interpret it at the request of one of the parties.

Article 61

1. The revision of the judgment can only be applied for if it is based on the determination of a fact that is decisive and of which the court and the party claiming rectification were not known at the time the judgment was pronounced, provided that the ignorance does not arise based on negligence.

2. The appeal procedure is initiated by a judgment of the court, which expressly establishes the existence of the new fact, recognizes its appealability and, for this reason, declares the action admissible.

3. The Court may require prior compliance with the provisions of the judgment before allowing the appeal.

4. The request for reinstatement must be made within six months of discovery of the new fact.

5. Ten years after the date of the judgment no revision is possible.

Article 62

i If a State considers that it has a legal interest which could be adversely affected by the outcome of the case, it may apply to the Court to intervene.

2 The court decides on this application.

Article 63

1. Whenever the interpretation of a Convention to which States other than those interested in the case are party is at issue, the Registrar shall promptly notify all such States.

2. Any State so notified shall have the right to join the proceedings; but if you exercise that right, the interpretation of the judgment is also binding on you.

Article 64

Unless the court decides otherwise, each party shall bear its own costs.

Article 65

1. The Court may give an advisory opinion on any question of law at the request of any body authorized by or in accordance with the Charter of the United Nations.

2. Matters on which the Arbitral Tribunal's Opinion is requested shall be submitted to the Arbitral Tribunal by means of a written application detailing the matter on which the Opinion is requested and accompanied by any supporting documentation. in the question. Questions.

Article 66

1. The Registrar shall forthwith communicate the request for an Advisory Opinion to all States entitled to appear before the Court.

2. The Secretary shall also notify, by special and direct notice, any State entitled to appear before the Tribunal or any international organization deemed competent by the Tribunal or, failing convened, by the President to report on the matter the Court stands ready to receive written explanations or oral explanations on the matter at a public hearing held for that purpose within the time limit set by the President.

3. If any of the States entitled to appear before the Court has not received the special notice referred to in paragraph 2 of this Article, that State may express its desire to make a written statement or to be heard; and the court decides.

4. States and organizations that have made observations, oral or written, or both, may comment on statements made by other states or organizations in such manner, to the extent, and within the time limits that the Court or, failing that, the President shall decide on a case-by-case basis . Accordingly, the Registrar will promptly notify such declarations in writing to States and organizations that have filed similar declarations.

Article 67

The Court delivers its opinions in a public hearing, after notifying the Secretary-General and the representatives of the Members of the United Nations, other States and international organizations directly concerned.

Article 68

In exercising its advisory function, the Court of Justice will also be guided by the provisions of these Statutes applicable to disputes, to the extent that it recognizes their application.

Article 69

Amendments to this Statute shall be made in accordance with the same procedure as provided for in the Charter of the United Nations for amendments to this Charter, but subject to such provisions as the General Assembly shall adopt on the recommendation of the Security Council in relation to the participation of States. are parties to this Statute but are not members of the United Nations.


Article 70

The Court shall have power to propose such amendments to these Statutes as it considers necessary, by notices in writing to the Secretary-General for consideration under the provisions of Article 69.


What is Article 38 of the Statute of the International Court of Justice? ›

Article 38 lists sources of international law for the court to follow when overseeing proceedings between member states of the United Nations, or states that have become parties to the ICJ Statute. A nation-state can accept jurisdiction under the ICJ Statute through several means .

How do you cite the International Court of Justice statute? ›

The Statute of the International Court of Justice appears at the end of the Charter of the United Nations. Cite: Statute of the International Court of Justice, art. 38, ¶ 1. 1.

Is the Statute of the International Court of Justice an integral part of the Charter? ›

The Statute of the International Court of Justice is an integral part of the Charter. Amendments to Articles 23, 27 and 61 of the Charter were adopted by the General Assembly on 17 December 1963 and came into force on 31 August 1965.

What is Article 59 of the Statute of the ICJ? ›

Article 59. The decision of the Court has no binding force except between the parties and in respect of that particular case.

What is Article 36 of the Statute of the International Court of Justice? ›

Declarations made under Article 36 of the Statute of the Permanent Court of International Justice and which are still in force shall be deemed, as between the parties to the present Statute, to be acceptances of the compulsory jurisdiction of the International Court of Justice for the period which they still have to ...

What is Article 9 ICJ Statute? ›

The ICJ Statute secures (Article 9), in the composition of the Court, the due representation of the main juridical systems of the world. The ICJ is composed of 15 judges, elected by the United Nations General Assembly and Security Council. There cannot be two judges of the nationality of the same State.

What are the key features of Article 38? ›

Article 38 of the Statute of the International Court of Justice (SICJ) provides three main sources of international law. The first source is international conventions of a general or particular nature. Secondly, international custom is a source of law if it is evidenced that a certain custom has been accepted as law.

What is Article 38 of the Vienna Convention? ›

The consent of a State to be bound by a treaty may be expressed by signature, exchange of instruments constituting a treaty, ratification, acceptance, approval or accession, or by any other means if so agreed.

What is Article 38 history? ›

It directed the State to engage in social transformation to promote the welfare of Indians. A member wanted to replace the Draft Article with a provision that directed the State to establish a socialist order and take over, among other things, the ownership of important sectors of the economy.

What is Article 38 1? ›

Article 38(1) in The Constitution Of India 1949. (1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.


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