INTERNATIONAL COURT OF JUSTICE

byname World Court, the principal judicial organ of the United Nations. It succeeded the Permanent Court of International Justice after World War II. All members of the United Nations are ipso facto parties to the statute of the World Court, and nonmembers may also become parties to the statute on conditions to be determined in each case by the UN General Assembly upon recommendation of the Security Council. (Such countries as Switzerland and San Marino, though not members of the UN, are parties to the statute of the court.) The court consists of 15 judges, no two of whom may be nationals of the same state, elected by the General Assembly and the Security Council. They do not have life tenure but are elected for periods of nine years and are eligible for reelection. The seat of the court is at The Hague, Neth., but it may hold sessions elsewhere whenever it considers it desirable. Its first session was held at The Hague in April and May 1946. The International Court of Justice is a continuing body that is permanently in session. It is also an autonomous body. It elects its president and vice president, appoints its registrar, and provides for the appointment of such other officers and clerical staff as may be necessary. The president and the registrar are required to reside at The Hague. Because the function of the court is to pass judgment upon disputes between sovereign states, only such states may be parties in cases before the court. It is open to all states that are party to the statute and to such other states as comply with conditions laid down by the Security Council. No state can be sued before the World Court unless it consents to such an action. Many treaties and other international agreements between countries worldwide, however, give the court compulsory jurisdiction in case of disputes between the signatories. Under article 36 of the court's statute, any state may consent to the court's compulsory jurisdiction in advance by filing a declaration to that effect with the secretary-general of the United Nations. The declaration may be made unconditionally or on condition of reciprocity on the part of other states, or for a certain time. The International Court of Justice decides disputes in accordance with international law as found in international conventions, international custom, the general principles of law recognized by civilized nations, judicial decisions, and the writings of the most highly qualified experts on international law. The official languages of the court are French and English; either may be used by the parties. Written pleadings and oral arguments presented in one language are translated into the other. The judgments and opinions are in both French and English. Cases are brought before the court either by the notification to it of a special agreement concluded by the parties or by the unilateral action of one of them through a written application addressed to the registrar. The proceedings are in two parts, written and oral. The court may also hear witnesses and appoint commissions of experts to make investigations and reports when necessary. Both these procedures were followed in Corfu Channel (United Kingdom v. Albania) (1949). The deliberations of the court are held in private, but the judgments, which are by a majority vote, are read in open court. In case of a tie, the president may cast a deciding vote. Any judge may file a separate opinion if he does not agree in whole or in part with the decision. Few decisions represent the unanimous opinion of the judges. The judgment is final and without appeal. The International Court of Justice has rendered judgments in disputes over rights in international waters, the boundaries of territorial waters, the right of asylum for political leaders, and the status of South West Africa, which was a former League of Nations mandate. The question is frequently asked as to how decisions of the court are enforced. The court itself has no powers of enforcement, but according to article 94 of the Charter of the United Nations: If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment. It should be remarked, however, that there have been only two known instances of the failure of a party to a case before the court, or before its predecessor, the Permanent Court of International Justice, to carry out a decision of either court. In the Corfu Channel case, Albania failed to pay 843,947 awarded to the United Kingdom by the court as compensation for damages suffered. In 1984 (in Nicaragua v. U.S.A.) the United States temporarily (for two years) withdrew its prior acceptance of compulsory jurisdiction in disputes relating to Central America. After the court proceeded with deliberations and decided (123) that the United States had breached international law and should pay Nicaragua reparations, the United States blocked appeal to the UN Security Council. The court is authorized by article 65 of the statute to give advisory opinions on any legal questions at the request of the General Assembly, the Security Council, or other organs of the United Nations and specialized agencies, when authorized by the General Assembly. Among such opinions, the court ruled that a state may not be admitted to membership in the United Nations if its application is vetoed by one of the permanent members of the Security Council.