Statute of the court international court of justice. Statute of the international court of justice article 381 this article, describing the law to be applied by the icj when deciding cases within its jurisdiction, is generally considered to be the most authoritative enumeration of the sources of international law all emphasis added 1. Andenas, mads and leiss, johann ruben, article 381d icj statute and the principle of systemic institutional integration november 15, 2016. The free viewer acrobat reader for pdf file is available at the adobe systems. The meaning of the interests of justice in article 53 of the rome statute 2005. Article 38 of the statute of the international court of.
The obligation of members of the court under article 23, paragraph 3, of the statute, to hold themselves permanently at the disposal of the court, entails attendance at all such meetings, unless they are prevented from attending by illness or for other serious reasons duly. The consent of a state to be bound by a treaty which permits a choice. The international court of justice article 92the international court of justice shall be the principal judicial organ of the united nations. Rome statute of the international criminal court 2 1. Inttoductionthe function of the court and applicable law mn 4 53 416 4 b. The statute is divided into 5 chapters and consists of 70 articles.
Statute of the international court of justice wikipedia. The court may sit elsewhere, whenever it considers it desirable, as provided in this statute. The statute of the icj provides for two ways of intervention by third states under its arts 62 and 63. Article 12 consent to be bound by a treaty expressed by signature 1. The icj only has jurisdiction to decide cases that states consent to submit to it for decision. International court of justice, icj reports 1996, paras 2334, 3739, 5159, 64, 83, 97. Without prejudice to articles 19 to 23, the consent of a state to be bound by part of a treaty is effective only if the treaty so permits or the other contracting states so agree. The court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply. The court, or the president if the court is not sitting, may at any time decide. Article 38 of the icj statute defines what sources of law the court shall apply during the proceedings. In the event of a dispute as to whether the court has jurisdiction, the matter shall be settled by the decision of the court. Bakhtiar, chief counsel for the government of pakistan, 1973 icj pleadings trial of pakistani prisoners of war 5455 june 4, 1973. No doubt the topic is of critical importance to the. See paragraph 5 of article 36 of the statute of the.
University of oslo faculty of law research paper no. This positivist, consensual view of international law remains preserved in article 38 of the 1946 statute of the international court of justice icj, which is the definitive statement on the sources of international law. This article offers an interpretation of article 381d of the icj statute based on the formal pronouncements of international criminal courts and tribunals, distilled from their judgments. Declarations recognizing as compulsory the jurisdiction of the international court of justice under article 36, paragraph 2, of the statute of the court 15 october 1946. Article 38 of the statute of the international court of justice icj the international court of justice is the principal judicial organ of the united nations. The icj is the principal judicial organ of the united nations and plays a central role in both the peaceful settlement of international disputes and the development of.
State names which appear in backets are states having made declarations recognizing as compulsory the jurisdiction of the international court of justice for specified periods of time and which have been terminated or have since expired. Statute of the international court of justice, articles 381 and 59 50 analysis of sources of il jus cogens and lex specialis 50 treaties as a. Statute of the international court of justice article 36. The icj is the principal judicial organ of the united nations. Historical introduction, general principles of procedural law, and discontinuation and withdrawal. Unlike article 53 1a and b, which require the application of exacting legal requirements, article 53 1c icc statute leaves discretion with the prosecutor to open an investigation situation on the registred vessels of the union of the comoros, the hellenic republic and the kingdom of cambodia, icc pt.
This text contains the consolidated version protocol noon the statute of the of 3 court of justice of the european union, annexed to the treaties, as amended by regulation eu, euratom no 7412012 of the european parliament and of the council of 11 august 2012 oj l 228, 23. In such cases, the president shall request one or, if necessary, two of the members of the court forming the chamber to give place to the members of the court of the nationality of the parties concerned, and, failing such, or if they are unable to be present, to the judges specially chosen by the parties. Under article 53 of the rome statute, the prosecutor has important responsibility to decide whether to initiate an investigation, and, upon investigation, to decide that there is not a sufficient basis for a prosecution. The meaning of the interests of justice in article 53 of. Statute of the international court of justice icj statute. In article 53 of the rome statute human rights watch. The consent of a state to be bound by a treaty may be expressed by signature, exchange of instruments constituting a treaty, ratification, acceptance, approval or accession, or by any other means if so agreed. Rome statute of the international criminal court part 1.
The international court of justice hereinafter, the icj or the court is the principal. Under article 531 and 2 of the icc statute the pretrial chamber of the icc will ultimately decide whether a prosecutorial decision to proceed with or cease an investigation is in the. The statute of tjhe international colurt of justice alain pellet. Article 21 of the iccs founding statute the rome statute is unique among international tribunals. This article in no way impairs the application of articles 34 and 35.
This landmark publication in the field of international law delivers expert assessment of new developments in the important work of the international court of justice icj from a team of renowned editors and commentators. The international court of justice established by the charter of the united nations as the principal judicial organ of the united nations shall be constituted and shall function in accordance with the provisions of the present statute. The obligation of members of the court under article 23, paragraph 3, of the statute, to hold themselves permanently at the disposal of the court, entails attendance at all such meetings, unless they are prevented from attending by illness or for other serious reasons. Articles 23, 27, and 61 of charter amended in accordance with text. Article 17 consent to be bound by part of a treaty and choice of differing provisions. The icj is the principal legal organ of the united nations. The court shall be composed of a body of independent judges, elected regardless of their nationality from. So the idea that article 59 is protective of third states interests in this sense is illusory, application by italy case, icj reports 1984, 3. The court shall be composed of a body of independent judges, elected regardless of their nationality from among persons of high moral. Opening the international court of justice to third states. Charter of the united nations and statute of the international court. The international court of justice icj or court is a highly respected and authoritative judicial tribunal, lying at the center of the u. In both cases, the court must seek to maintain the equality of parties but at the same time find a way to decide the.
In deciding whether to initiate an investigation, the prosecutor shall consider whether. The court shall be open to the states parties to the present statute. The statute of tjhe international colurt of justice. The statute of the international court of justice andreas. Foreign business trust administration, 53201 through 532017 disclaimer. The dominance of the international court of justice in the. International court of justice estab lished by the charter of the united nations as. Article 11 means of expressing consent to be bound by a treaty. Justifications for territorial claims cases may come before the icj, an independent subsidiary organ of the united nations,8 by referral through a compromis special agreement between two or more states,9 by a treaty provision committing disputes arising under the. This comprehensive commentary on the statute of the international court of justice analyses in detail not only the statute of the court itself but also the related provisions. The tribunals functions are governed by the icj statutean annex to and integral part of the u. Oct 12, 2011 this positivist, consensual view of international law remains preserved in article 38 of the 1946 statute of the international court of justice icj, which is the definitive statement on the sources of international law. Statute, to be acceptances of the compulsory jurisdiction of the international court of justice for the period which they still have to run and in accordance with their terms.
It requires the court to apply, among other things, a international conventions, whether general or particular, establishing rules expressly recognized by the contesting states. Limited liability companies, 53191 through 531974 article 20. The selection of article 38 of the statute and applicable law 1 as a topic for the seminar to celebrate the 70th anniversary of the founding of the international court of justice the court or icj is a fitting one, all the more so as it was not given prominence in the seminars celebrating the 50th and 60th anniversaries. The court shall be composed of a body of independent judges, elected regardless of their nationality from among persons of high moral character, who possess the. The international court of justice and the concept of. Rome statute of the international criminal court contents.
Statute of the international court of justice icj, art. The protection given by article 63 consists in the 6 7 does by no manner of means exclude the force of persuasive precedent. Statute of the international court of justice article 381 this article, describing the law to be applied by the icj when deciding cases within its. Jennings, sir robert, the proper work and purposes of the international court of justice, in muller et al. Statute of the international court of justice the united nations. Under article 93 of the charter, which the united states ratified in 1945, all membernations of the united nations also are parties to the icj statute. Whenever one of the parties does not appear before the court, or fails to. The court, or the president if the court is not sitting, may at any time decide, after ascertaining the views of the parties, that copies of the pleadings and documents annexed shall be made available to a state entitled to appear before it which has asked to be furnished with such copies.
Rome statute of the international criminal court 7 rome statute of the international criminal court preamble the states parties to this statute, conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time. The statute of tjhe international colurt of justice a commentary edited by. This article will discuss the relevance of article 38 today and highlight some of its weaknesses and points for improvement. So the idea that article 59 is protective of third states interests in this sense is illusory, application by italy case, icj reports 1984, 3 et seq. States can be parties before the court article 341 of the statute of the icj. Referencing patterns at the international criminal court. The court shall have international legal personality. Apr 22, 2016 article 21 of the iccs founding statute the rome statute is unique among international tribunals. In addition to commentary covering all of the articles of the statute of the icj, plus the relevant articles of the charter of the united nations, the book includes three scenesetting chapters.
It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern, as. Full text available on the oxford journals site in pdf format. Territorial disputes at the international court of justice. Thus, while article 92 of the icj statute makes reference to the pcij statute, the. Article 381d icj statute and the principle of systemic. The quorum specified by article 25, paragraph 3, of the statute applies to all meetings of the court 2. Public international law comprehensive course notes. The icj is the principal judicial organ of the united nations and plays a central role in both the peaceful settlement of international disputes and the. The prosecutor shall, having evaluated the information made available to him or her, initiate an investigation unless he or she determines that there is no reasonable basis to proceed under this statute. A formal approach to article 381d of the icj statute. The text of the rome statute reproduced herein was originally circulated as document aconf. Whenever a treaty or convention in force provides for reference of a matter to a tribunal to have been instituted by the league of nations, or to the permanent court of international justice, the matter shall, as between the parties to the present statute, be referred to the international court of justice.
Request pdf article 53 by adopting art 53 vclt, state parties seized the widely academic notion of ius cogens in international law, imparted legal essence to legal. Establishment of the court article 1 the court an international criminal court the court is hereby established. Sources of law and the international court of justice, in gross, future of the icj, vol. That consent can take the form of binding treaties or declarations of varying scope.
Article 38 of the statute of the international court of justice. Charter statute of the international court of justice arts. States parties having accepted the jurisdiction of the. The original members of the united nations shall be the states which, having participated in the united nations conference on international organization at san francisco, or having previously signed the declaration by united nations of january 1,1942, sign the present charter and ratify it in accordance with article 110.
See paragraph 5 of article 36 of the statute of the international court of justice. The conditions under which the court shall be open to other states shall, subject to the special provisions contained in treaties in force, be laid down by the security council, but in no case shall such conditions place. Ii the system of intervention before the international court of justice to analyse the interventions in whaling in the antarctic and nuclear tests a basic understanding of the system of intervention before the icj is necessary. Duties and powers of the prosecutor with respect to investigations. Third state intervention before the international court of. Statute of the international court of justice 1945 article 381. Zimmermann et al, icj statute commentary matrix chambers. The provisions of this article shall apply to the case of articles 26 and 29. Unlike article 531a and b, which require the application of exacting legal requirements, article 531c icc statute leaves discretion with the prosecutor to open an investigation situation on the registred vessels of the union of the comoros, the hellenic republic and the kingdom of cambodia, icc pt. Article 38 1 of the statute of the international court of justice is generally recognized as a definitive statement of the sources of international law.
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