The International Court of Justice
The international court of justice is a permanent institution of the United Nations, responsible for adjudicating disputes between states in the context of international law. It consists of 15 judges, who are elected by the General Assembly and Security Council to nine-year terms. They are eligible for re-election, and elections take place every three years.
Composition and Jurisdiction
The ICJ is composed of fifteen independent judges, who are not nationals of the same state. They are chosen from among persons of high moral character and recognized expertise in international law, and are not allowed to engage in any political or administrative function or to engage in any professional occupation. Before taking up their duties, each judge makes a solemn declaration in open court that they will exercise their powers impartially and conscientiously.There are many rules governing the operation of the ICJ to ensure its impartiality and independence. These include:
- Each judge must be a jurist of high integrity; no one may be judge for more than two consecutive terms; and no judge must have any direct connection with the parties before the Court or any of the issues submitted to it (Arts. 4-12 of the ICJ statute).
- A judge's jurisdiction to hear cases is limited by the rules governing their nomination and re-election, and the composition of the judges is meant to ensure a fair representation of the principal legal systems of the world. The Court's seat is in The Hague, Netherlands, and it has the power to travel throughout the world to sit as required.When deciding a case, the ICJ considers the existing rules of international law, such as conventions, customary law, the jurisprudence, and general principles of law. It also refers to academic writings and previous judicial decisions to help it interpret the law.However, the ICJ does not bind itself by precedent or stare decisis, as it is common in some international law systems. This is because the ICJ does not make binding judgments, but instead settles disputes in the same way as a court would, with each party to the dispute able to choose to continue the proceedings or discontinue them.
Strengths and Challenges
While the ICJ is not perfect, it is still one of the most important institutions in the international system, as its decisions are generally followed and have significant weight in the legal community. The Court is particularly relevant in resolving issues of border delineation, the use of oceans and waterways, and resolving claims by one state espoused on behalf of its nationals.Despite these strengths, the ICJ faces many challenges to its legitimacy and independence. Some of these challenges are related to its selection and re-election of its judges, the UN Security Council's role in its composition, its compulsory jurisdiction, and its nominating ad hoc judges by the parties before it.
The Future of the ICJ
The ICJ is at a crossroads as it prepares to address the disputes of the 21st century, including those concerning environmental protection, terrorism, and human trafficking. It is crucial to address the issues of the Court's composition and jurisdiction if it is to continue to be effective in a global context. This article explores these challenges and offers recommendations for reform.
