INTRODUCTION

The International Court of Justice has its seat at Hague, Netherlands. It had been established in 1945 and began its functioning from 1946. International Court of Justice plays a really important role within the settlement of International disputes with accordance to international law. The court settles the disputes which are associated with nations only, not between the individuals and its procedure is governed by the statute referred to as the Statute of International Court of Justice.

The idea of peacefully settling of disputes known to be an old concept, there was the mechanism of mediation and arbitration but still there was no permanent bench of judges to settle disputes, employing strict judicial techniques. After the end of First World War, Permanent Court of International Justice (PCIJ) was established with 15 judges. It had been a condition that only state will be considered as a party before PCIJ. But it was allowed to offer advisory opinions to the Council of the League of Nations and the General Assembly. The Permanent Court, it came into effect in 1922 and ceased to be in effect in 1940 with the outbreak of the Second World War. International Court of Justice is the successor of the Permanent Court of International Justice.

The United Nation is an organization which works for world peace. it was formed on October 24, 1945. At that point there have been 51 countries as the member state. Currently, 193 countries are its members. It is a forum where all nations across the world meet virtually to assist one another in finding the solution for dispute resolutions or problems and to act on any matter regarding to humanity.

There are six main organs of the United Nations i.e, General Assembly, Security Council, Trusteeship Council, Economic and Social Council, Secretariat of the state and most significant judicial organ of all is International Court of Justice.

COMPOSITION OF THE COURT

The International Court of Justice consisted of 15 judges who are elected for a period of nine years and not more than one judge shall be elected from one state, for the Court at a given time. The election of the judges of the Court independently, but simultaneously to be conducted by General Assembly and Security Council. The judges elect their own president and vice president, each of whom serve a three-year term, and may appoint administrative personnel as necessary. The elections are held in every three years for five vacancies of the Court whenever arises.

The Quorum of the Court consists of 9 Judges. Also the official language which is set for the court is English and French. The person to be appointed should possess the qualifications which are required as he should be an individual of high moral character and must be qualified for the appointment of the highest judicial offices in his country. Registrar is appointed by the court for the assistance.

ROLE OF THE COURT

The court’s primary role is to pass judgment upon disputes between sovereign states.

• International Court of Justice is to give an advisory opinion on the legal question which arises before by the international organizations, United Nations organs and the specialized agencies.
• The judgment of the International Court of Justice is final and binding on the parties and also no appeal is allowed only interpretation is allowed in cases where a new fact is discovered.
• The member states have to comply with the decision of the court and they have to sign the charter in that respect, where they are party to any such case which is before the court.
• When any party did not fulfil the judgment of the court than in that case a state can move to the Security Council.

JURISDICTION OF THE COURT

1. Contentious Jurisdiction – It consists of that on the basis of which the Court decides any case with the consent of the parties to the case, is known as Contentious Jurisdiction. It is considered as the fundamental principle of international law that states that without the consent of any party to a case, the same shall not be referred to mediation or arbitration. It is of 3 kinds –
2. Voluntary Jurisdiction –  As per the Article 36 of the Statute provides that its jurisdiction comprises all cases which the parties referred to the court voluntary, jurisdiction the agreement in respect of the dispute may be made by both the parties or one of the parties only and the other party may signify his assent to the reference.
3. Ad hoc Jurisdiction – When the disputant parties themselves refer the dispute to the Court, there is no question about the Court’s rights to take up the case. This jurisdiction of the Court is known as ad hoc jurisdiction because in such cases parties give their consent by the special agreement for the purpose of the states after the concurrence of the dispute.
4. Compulsory Jurisdiction– where the concerned parties are bound by a treaty or a convention the Court has compulsory or obligatory jurisdiction. And as per Article 37 of the statute, under which they agreed to refer the matter to a tribunal or to the Permanent Court of International Justice and matters are then referred to the International Court of Justice.  

• Advisory Jurisdiction – Article 65 of the Statute the Court may give an advisory opinion on any legal question at the request of anybody or the organ. And question should be in written form and should be in exact statement. Also, other organs of the United Nations and the specialized agency may also request for an advisory opinion and International Court of Justice has discretionary power to give advisory opinion.

If a country does not wish to take part in a proceeding, it does not have to do so. Once a country accepts the Court’s jurisdiction, it must comply with its decision. Since 1946, the International Court of Justice has considered over 150 cases and issued numerous judgments on international disputes brought to it by states involving economic rights, and environmental.

PROCEDURE TO BE FOLLOWED BY THE COURT

• INITIATION OF THE CASE – According to Article 40 of the statute, the party “state” to a dispute may commence a case after notifying it to the Registrar of the Court. The registrar on getting a written application has a duty to communicate the same to all concerned. The Registrar will also communicate the application to any other States entitled to appear before the Court.
• REPRESENTATION OF THE PARTIES – Agents are appointed by the parties who represent them before the Court. The agents, counsel, and advocates of the parties before the Court enjoy privileges and immunities necessary for the independent exercise of their duties given under Article 42.
• INTERIM MEASURES OF PROTECTION – Such measures are also aimed at preserving the situation under dispute with a view to giving full effect to the final decision of the Court.
• PRELIMINARY OBJECTIONS – Under Article 36(2) it states the case where Preliminary objections are an issue only in the cases where one State party, accepting the optional jurisdiction of the Court, which brings a case against another State party.
• RIGHT OF INTERVENTION OF A THIRD PARTY – Intervention by a third State does not mean that once admitted, the intervening State becomes a party to the dispute. The State intervening is not entitled to nominate a judge. But with the consent of all the parties, an intervener can become a party to the proceedings. The decision of the Court in relevant parts is also binding upon the State that is allowed to intervene.
• WRITTEN AND ORAL PROCEEDINGS – According to Article 49, proceedings before the Court take place in two phases: the written and the oral proceedings.
• DRAFT OF THE JUDGEMENT – Once the Court forms a broad idea of the decision involved and the majority ascertained, a drafting committee of three members of the Court is constituted after which a final vote is taken. With the absolute majority of the judges, the decision is made.  
• JUDGEMENT – It is not necessary to pronounce the judgment but it could impose an obligation upon the parties to seek a settlement corresponding to their special circumstances by means of negotiations in good faith. The reason for the decision is given under judgment and it also contains the names of the judges who have given the decision.
• REVISION – Under Article 61 a judgment once rendered, are often revised on an application made by a party if some fact, of such a nature as to be a determinant, was, when the judgment was given, unknown to the Court and also to the party claiming revision.

The request for revision can be made only within 6 months of the discovery of the fact. However, no application for revision could also be made after the lapse of 10 years from the date of the judgment.

• ENFORCEMENT OF JUDGEMENT– A judgment is binding upon the parties in accordance with Article 2 and Article 94(1). Just in case of failure by one party to comply with the obligations arising from the decision of the Court, the opposite parties can have recourse to the Security Council for the enforcement of the decision.

CASE LAWS

• In the Corfu Channel case[1], the Court acknowledged that Albania, not a party to the Statute, would be entitled to object to the jurisdiction of the Court, by the privilege of the unilateral initiation of the proceedings by the United Kingdom. Nevertheless, as indicated in its letter to the Court, Albania accepted the advice of the Security Council and therefore the jurisdiction of the Court for this case and because of which Albania was made impossible from objecting to the jurisdiction.
• Belgium v. Spain[2] during this case Barcelona Traction was a Canadian joint stock company formed in Toronto. The greater a part of its share capital belonged to Belgian nationals. the corporate was chiefly concerned with the development and operation of electrical power plants. Barcelona Traction was declared as bankrupt in Spain and later was made subject to liquidation. Belgium took up the case of its nationals who were significant majority shareholders of the corporate. Belgium nationals filed a case before the ICJ, invoking Article 36(1) of the statute. The Court rejected the argument raised by Spain and held that the procedures established by the Treaty couldn’t be considered exhausted so long as the right to bring new proceedings existed and until the case had been prosecuted to a judgment. According to the Court, regardless of the reasons for the Canadian Government’s change of attitude, this resulted in Government not working on behalf of Barcelona Traction after a certain period of time that fact could not be seen as a justification for the exercise of diplomatic protection by another State.  Within the view of the Court, Canada continued to retain its capacity to safeguard Barcelona Traction.
• In the case of France v. United States of America[3], this case is also known as Rights of Nationals of the United States of America in Morocco. This case involved the validity of the decree of the French Resident General in Morocco, issued in pursuance of an exchange control system. The United States of America contended that the decree violated its rights and demanded equal treatment for the goods imported from the United States with the goods imported from France and other parts of the French Union.

France, which rejected the United States’ contention, filed an application instituting proceedings before the Court under Article 36(2) of the Statute of the international court of justice as the basis for the jurisdiction. The Court found that the decree of French Resident General, prescribing import regulations for goods coming from the United States, was discriminatory in favor of France.

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[1] ICJ Reports 1947-48, pp. 4 and 27

[2] ICJ Reports 1970, pp. 3-357

[3] ICJ Report 1952, pp. 176-233