11. The International Court of Justice and the Basics of State Responsibility

Question 1

ICJ

Answer 1

• Principal judicial organ of the UN
• Standing tribunal built to settle legal disputes between states
• To give advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies.
• Replaced the Permanent Court of International Justice (PCIJ) after WWII.

Question 2

ICJ as an organisation

Answer 2

• 15 judges elected by the UN Security Council and General Assembly for nine year terms.
• Staggered, (elected every three years, but sits there for 9)

Question 3

ICJ Jurisdiction

Answer 3

• Special agreements
• Treaty provisions
• Optional Clause

Question 4

Special agreements

Answer 4

Two or more states can submit a dispute to the ICJ by mutual agreement.

Question 5

Optional Clause

Answer 5

ICJ art. 36(2)

It allows states to unilaterally accept the ICJ’s jurisdiction as compulsory for legal disputes with other states that have made similar declarations.

Question 6

Treaty provision

Answer 6

States may agree by explicity writin in the treaty to accept the jurisdiction of the Court for defined categories of future disputes.

Genocide convention article 9: Explicity states that they recognize ICJ’s jurisdiction if any state-member puts forward the dispute.

Question 7

ICJ

Answer 7

Judgments are final without appeal, binding upon the parties to the case.

Question 8

ICJ advisory opinion

Answer 8

Not binding. The purpose is to provide legal guidance on questions of international law, requested by authorized bodies.

Question 9

Provisional measures

Answer 9

Temporary actions ordered by the International Court of Justice (ICJ) to protect the rights of parties involved in a case while the Court is considering the merits of the dispute.