Basic Questions Related to the ICJ Flashcards
How many judges are required to constitute the quorum of the ICJ?
9 judges (Article 25(3) SICJ)
How many judges are there on the bench?
There are 15 judges (‘Members’) on the bench of the ICJ (Article 3 SICJ).
Ad hoc judges can be appointed and would then make up additional judges on the bench. (Art 1 Rules of the Court, Art 31 Statute of the ICJ)
What is the term of an ICJ judge?
9 years (Article 13 SICJ)
Who is the President and Vice – President of the Court?
The Current President of the Court is Joan E. Donoghue (USA).
The Current Vice-President of the Court is Kirill Gevorgian (Russian Federation)
Why are you called “Agents”?
The Statute refers to the representation of State parties before the Court as “Agents” in Article 42 SICJ.
Article 40 Rules of the Court - all steps on behalf of the parties after proceedings have been instituted shall be taken by agents.
Are the judges of the Court allowed to ask questions or explanations from the Agents?
At any time during the hearing, the Court are allowed to ask questions or for explanations from the agents, counsel and advocates (Article 61(2) Rules of the Court).
What are the grounds of jurisdiction of the ICJ?
4 grounds of jurisdiction:
Special Agreement - Article 36(1) SICJ (albeit not explicit) - “all matters specifically provided for in treaties and conventions in force”
Compromissory Clause - Article 36(1) SICJ (Not explicit) - “all matters specifically provided for in treaties and conventions in force”
Optional Clause Declaration - Article 36(2) SICJ
Forum Prorogatum - Article 38(5) ICJ Rules
What grounds of jurisdiction refers to our case?
Para 24 - Special agreement on 1 November 2021.
Is the ICJ bound to consider the specific issues in the order submitted to it in the present case?
Art 46 of the Rules of the Court - if the case is instituted by special agreement, the number and order of pleadings shall be governed by that special agreement.
Which countries are parties to the ICJ Statute?
All Countries which are Members of the UN are ipso facto parties to the ICJ statute (Article 93(1) UN Charter)
How do you enforce the judgment of this Court if a party to a case fails to comply with the decision of the Court?
The ICJ has no powers of enforcement under the ICJ statute.
On one hand, Art 78 of the ICJ Rules, allows the Court to request information on any matter it has given judgment on. This may allow the Court to assess the level of compliance with its judgment.
However, a party may next look to Art 94(2) of the UN Charter, a special provision which allows for seizing the Security Council in the case of non-compliance. Here, the SC may make recommendations or decide upon measures to make effect of the judgment.
