The International Court of Justice (ICJ)

Question 1

What is the International Court of Justice (ICJ)?

Answer 1

The ICJ acts as a world court for settling disputes between member states and specific UN organs and organizations

It was established at the San Francisco Conference in 1945, along with the United Nations, after WWII

Question 2

Name and define the 2 primary historical foundations of the ICJ.

Answer 2

1. The Permanent Court of Arbitration: the first-ever world court, introduced by the Hague Conventions of 1899 and 1907
2. The Permanent Court of International Justice (PCIJ) established by the League of Nations after WWI

Question 3

Differentiate between contentious and advisory jurisdiction.

Answer 3

1. Contentious jurisdiction: legal disputes between MEMBER STATES, accepted by the states and entered into willingly, that occur as written pleadings and oral public hearings before the court
2. Advisory jurisdiction: disputes between ORGANS of the UN and affiliated organizations

Question 4

What are the 2 ways in which contentious proceedings may begin?

Answer 4

1. Special agreement: lodged by either both state parties or by the court, indicating the subject of the disagreement
2. Application: one state party applies to the court for proceedings against another state based on a claim of a perceived injustice

Question 5

What does the court’s job entail in advisory cases?

Answer 5

The ICJ is requested to advise/pass judgement on legal questions in matters of international law and organization

The court is responsible for gathering evidence and assembling facts, and holding written and oral proceedings

Question 6

How do advisory proceedings end, and how effective are the court’s decisions?

Answer 6

Advisory proceedings conclude with the delivery of the advisory opinion at a public setting

The court’s determinations are NOT legally binding