The International Court of Justice

1) Introduction

This chapter considers the International Court of Justice (ICJ), almost certainly the most important Court dealing with inter-State disputes. It looks first at the history of the ICJ and then at the relevant provisions of the Charter of the United Nations. The Charter of the ICJ itself is then considered, followed by the Rules and Practice Directions of the Court, all vital to an understanding of how it operates. The final sections of the chapter look at some of the cases with which the ICJ has been dealing.

2) Historical Overview

The ICJ is the principal judicial organ of the United Nations and is located at the Peace Palace in The Hague. It began its work in 1946 when it replaced the Permanent Court of International Justice, which had functioned in the Peace Palace since 1922. The ICJ operates under a Statute largely similar to that of its predecessor.

The Court has a dual role: first, to settle (in accordance with international law) the legal disputes submitted to it by States; and second, to give advisory opinions on legal questions referred to it by duly authorised international organs and agencies.

The Court is composed of 15 judges electe...

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