Statute of the International Court of Justice

Statute of the International Court of Justice
Name	Statute of the International Court of Justice
Type	Treaty
Date drafted	1945
Date signed	26 June 1945
Location signed	San Francisco, United States
Date effective	24 October 1945
Condition effective	Ratification by China, France, the Soviet Union, the United Kingdom, the United States, and a majority of the other signatory states.
Signatories	50 states at the United Nations Conference on International Organization
Parties	All 193 UN member states
Depositor	Secretary-General of the United Nations
Languages	Chinese, English, French, Russian, Spanish
Wikisource	Statute of the International Court of Justice

Statute of the International Court of Justice. The Statute of the International Court of Justice is the foundational constitutional document that establishes the International Court of Justice (ICJ) as the principal judicial organ of the United Nations. Adopted in 1945 alongside the United Nations Charter, it outlines the Court's organization, jurisdiction, and procedural rules. As an integral part of the Charter, the Statute is binding on all UN member states, providing the legal framework for the peaceful settlement of international disputes.

History and adoption

The Statute was drafted during the United Nations Conference on International Organization held in San Francisco in 1945, largely based on the 1920 Statute of its predecessor, the Permanent Court of International Justice (PCIJ). Key figures in its formulation included legal advisors from major powers like the United States and the United Kingdom, who sought to create a more integrated world court. It was signed on 26 June 1945 and entered into force on 24 October 1945, coinciding with the establishment of the United Nations itself, effectively replacing the Permanent Court of International Justice under the League of Nations.

Structure and composition

The Court consists of fifteen independent judges elected to nine-year terms by the United Nations General Assembly and the United Nations Security Council. Judges are chosen from a list of nominees presented by the national groups in the Permanent Court of Arbitration, ensuring a representation of the world's principal legal systems and geographical regions. The Statute mandates that no two judges may be nationals of the same state, and it establishes the office of the President and Vice-President. The Registry, headed by the Registrar, serves as the Court's administrative organ.

Jurisdiction and functions

The Court's jurisdiction encompasses all cases which states refer to it and all matters specifically provided for in the United Nations Charter or in treaties and conventions in force. States may accept this jurisdiction compulsorily through optional clause declarations under Article 36 of the Statute. The Court's primary function is to settle legal disputes submitted by states, such as those concerning territorial boundaries, diplomatic relations, and treaty interpretation. Additionally, it provides advisory opinions on legal questions referred by authorized United Nations organs and specialized agencies, like the General Assembly or the World Health Organization.

Procedure and rules

Proceedings are instituted either by the notification of a special agreement between parties or by a written application to the Registrar. The procedure involves written pleadings followed by oral hearings, with the official languages being French and English. Judges deliberate in secret, and decisions are made by majority vote, with the President having a casting vote if necessary. The Statute allows for the appointment of ad hoc judges by a party that does not have a judge of its nationality on the Bench, and it provides for interventions by third states under Article 62.

Relationship to the United Nations Charter

The Statute is annexed to and forms an integral part of the United Nations Charter, as specified in Article 92 of the Charter. This integral relationship means that every member of the United Nations is automatically a party to the Statute. Furthermore, the United Nations Security Council is empowered under Chapter XIV of the Charter to enforce the Court's judgments, linking the judicial authority of the International Court of Justice directly to the United Nations' collective security framework. The International Court of Justice's seat is at the Peace Palace in The Hague, a location also historically associated with the Permanent Court of Arbitration.

Amendments and review

The Statute can be amended through the same procedure as the United Nations Charter, requiring a vote of two-thirds of the members of the United Nations General Assembly and ratification by two-thirds of the member states, including all the permanent members of the Security Council. A review conference can be convened under Article 109 of the Charter, but no such general conference for amending the Statute has ever been held. Proposals for reform, such as expanding access for international organizations, are typically discussed within bodies like the International Law Commission or during major UN gatherings like the 2005 World Summit.

Category:International Court of Justice Category:United Nations treaties Category:1945 in law Category:Treaties concluded in 1945 Category:Treaties entered into force in 1945