34. Jurisdiction of ICJ

Jurisdiction of the International Court of Justice (ICJ)

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations, established under the UN Charter in 1945. It is located at the Peace Palace in The Hague, Netherlands. The ICJ settles legal disputes between sovereign states and gives advisory opinions on legal questions referred to it by authorized international organs and UN agencies.

Jurisdiction refers to the authority of the ICJ to hear and decide a case. The Court has two types of jurisdiction:

1. Contentious Jurisdiction (Disputes between states)
2. Advisory Jurisdiction (Legal advice to UN bodies)

Contentious Jurisdiction

This is the core jurisdiction of the ICJ, where it settles disputes between sovereign states. Individuals, companies, NGOs, or other non-state actors cannot approach the ICJ directly.

The ICJ has jurisdiction in contentious matters when:

a. By Special Agreement (Compromis)

Two or more states agree to submit a specific dispute to the ICJ. This is a voluntary and mutual consent arrangement.

• Example: Case concerning the Temple of Preah Vihear (Cambodia v. Thailand), 1962.

b. By Compulsory Jurisdiction (Optional Clause – Article 36(2))

States may declare in advance that they accept the compulsory jurisdiction of the ICJ in legal disputes. However, this jurisdiction is only binding between states that have made similar declarations.

• Over 70 states have made such declarations.

c. Treaty-based Jurisdiction

Some international treaties include a clause giving the ICJ jurisdiction over disputes arising from the interpretation or application of that treaty.

• Example: Genocide Convention, United Nations Convention on the Law of the Sea (UNCLOS).

Important Note: Even if a case is based on treaty or declaration, consent of the parties is key. The ICJ cannot force a state to participate.

Advisory Jurisdiction

Under Article 65 of the ICJ Statute, the ICJ can issue advisory opinions on legal questions referred by:

• United Nations General Assembly (UNGA)
• United Nations Security Council (UNSC)
• Other UN bodies and specialized agencies authorized by the UNGA

Nature of Advisory Opinions:

• Non-binding, but they carry significant legal and moral authority.
• Aim to guide the functioning of the UN and clarify international legal norms.

Example:

• Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons (1996).
• Advisory Opinion on Kosovo’s Declaration of Independence (2010).

Limitations of ICJ Jurisdiction

1. No automatic jurisdiction – Consent of states is essential.
2. Only states can be parties – No access for individuals, NGOs, or corporations.
3. Enforcement – ICJ has no direct enforcement power. However, the UN Security Council can be approached under Article 94 of the UN Charter if a party fails to comply with a judgment.

Binding Nature of ICJ Judgments

• In contentious cases, decisions are final and binding only on the parties involved.
• There is no appeal, but parties can request interpretation or revision under certain circumstances (Articles 60–61 of the Statute).