International Courts - ICJ

Name 2 international courts

1. International Court of Justice

2. International Criminal Court

1. What is the ICJ in the UN

A principle organ

What are the origins of the ICJ

Permanent Court of International Justice (League of Nations)

When was it established as a UN organ?

in 1945 (article 92-96 Charter)

What is integrated in the Charter?

The statue of the ICJ

What is meant but the statue of the ICJ is integrated in the UN Charter

that any UN member is automatically an ICJ member

How many judges in the ICJ

15 elected for 9 years

Who elects the judges

the UNGA & UNSC (by majority)

What must the judges be to be elected

civil servants that are not representative of their home governments 

Can there be 2 judges with the same nationality

no

What additional judges can there be and for what purpose?

2 ‘ad hoc’ judges when non of the judges is from the same home country as the state being judged

What can the registry also be known as in the ICJ

the Secretariat

What is the registry

the permanent administrative secretariat of the Court

How long is the registry elected for

7 years

What does the registry focus on?

relationships with governments and other international bodies

talks to media and deals with external relations

Do members of the ICJ automatically recognise the jurisdiction of the ICJ

Not automatically

What are the 2 ICJ jurisdictions

1. Legal disputes between states that have recognised jurisdiction of the ICJ

2. Requests for advisory opinions on legal questions referred to the court by UN organs and specialised agencies = ‘advisory proceedings’

1. How can recognition of the ICJ’s jurisdiction by a state be achieved?

• ad hoc acceptance

  • when a dispute arises the state recognises jurisdiction 

• adopted & ratified a treaty that includes a clause

  • the clause says that if a matter of dispute arises within the treaty, the matter is being referred through the ICJ

• Optional clause declarations 

  • general acceptance of jurisdiction in all potential disputes with other states 

How many states have published these jurisdictions?

70 states

What are cases in the ICJ always about

States - the accused and accuser is always a state

What type of court is the ICJ

An inter-state court

2. What is meant by the ‘request of an advisory opinion’ when accepting ICJ jurisdiction?

• usually done by GA or SC or 16 specialised agencies

• states have questions about how a matter should be settled within the UN - they ask the ICJ to settle it

What 2 aspects of the UN is the ICJ stuck between

sovereignty and international rule of law (a framework that applies to all states)

What matters does the ICJ deal with

Legal disputes

e.g. military dispute between 2 states

There must be a ______ so states can prove that the accused has violated

A treaty obligation (or clause)

What must both states do for a case to be heard

Agree

Who is affected by decisions of the ICJ with legal effect

Only for the parties concerned

What is legally binding in the ICJ and what is not?

Judgements = legally binding

Advisory opinions = not 

Is there legal precedent? (similar cases must have similar outcomes)

No

Is there the opportunity for states to appeal?

No

Can a case be resubmitted?

Yes - if new evidence is found

What are provisional measures

demands made by the court (before taking the case) to prevent involved parties from making the situation worse during the case

Is compliance with ICJ decisions high or low?

High

What is less often complied with?

Provisional measures

Does the ICJ have enforcement powers?

No

What can be done if the losing party does not comply to ICJ decisions

The winning party can ask the UNSC to consider the matter

What are the sources of law (the court can base decisions on:)

1. International conventions

2. Customary law (informal/ soft law)

3. National legal system

4. Judicial scholarship

Name a current case being heard

Obligations of Israel in relation to the presence of the UN and other IO’s in relation to the occupied Palestinian territory

What do all pending cases concern?

Inter-state disputes

• Hungary & Slovakia

• Iran & US

• Gambia & Myanmar

If other states intervene in a case are the decisions applicable to them?

Yes, decisions are only legally binding to states that dispute

Name 2 examples of ICJ case studies we have studied

1. Iran vs USA (2018)

2. Gambia vs Myanmar (2019)

What type of case is the Iran US

Nuclear Sanction Case - US sanctioned Iran 

1. What was violated in the Iran US case

US alleged violations of:

• 1955 Treaty of Amity, Economic Relations and Consular Rights

What was the order of provisional measures?

3 October 2018 - Ruled anonymously that the US should remove any impediments related to humanitarian needs (food, medicine)

What attempts were made by the US?

Raised objections - trying to invalidate one of the claims 

How many preliminary objections did the US raise?

6 - all rejected

• 3 unanimously rejected

• 3 by 15:1 vote

—> Application was admissible 

When did the case between the Gambia and Myanmar take place

2016

What else was the Gambia vs Myanmar case called

Rohingya Genocide

Who submitted the claim

The Gambia

What did the Gambia accuse Myanmar of doing?

Violating the:

Convention on the Prevention & Punishment of the Crime of Genocide

What did Myanmar do in response?

Raised 4 preliminary objections to make the case inadmissible

How did the ICJ respond to the preliminary objections?

July 2022

Rejected the preliminary claims 

• 3 unanimously

• 1 by 15:1 vote

= the application by the Gambia for provisional measures was admissible (accepted)

What was additionally declared admissible in 2024?

Declarations of interventions filed by: 

• Denmark

• Netherlands

• Germany

• France

• UK

• Canada

• Maldives

Who can provide advisory opinions?

• UNGA and UNSC

• 16 Specialised agencies 

What is the most important advisory opinions?

Certain Expenses Advisory Opinion of 1962

What led to the Certain Expenses Advisory Opinion of 1962?

The Uniting for Peace Resolution

What was the Uniting for Peace resolutions

Use of a veto during a SC meeting due to lack of unanimity, the GA will have a special emergency session to deal with the matter

What decision was made by the UNGA due to a lack of decision by the SC?

A peace-operation would take place in the Congo

Why did ____ & _____ refuse to pay their contributions to the regular budget to finance the peace operation in the Gambia and why? 

• Soviet Union and France 

• Argument that only the SC should make this decision, not the GA 

—> disagreeing with the Uniting for Peace Resolution

As a result of SU and France’s refusal, what did the UNGA decide to do?

Involve the ICJ for an advisory opinion

What decision was made by the ICJ?

9/5 vote that UNGA financing the Congo mission was legal

Despite the advisory opinion not being legally binding, what impact did it have?

Political consequence = a separate budget for peacekeeping operations 

Who initiated the Climate Change Advisory Opinion

Pacific Island Students

What did the UNGA decide in 2023

To request an advisory opinion of the ICJ

What was the question made by the students?

What are the states obligations in regard to their commitments to climate change?

What do they have to do to implement those commitments?

What additional pressure was there on this advisory opinion?

96 oral pleadings (presenting arguments) from sates and 11 from IO’s

What was the advisory opinion decided? 

Unanimously in July 2025 - the 1.5 temperature target is legally binding for all states in the Paris Agreement & largest emitters have to take large measures for change. 

They also said that states have the responsibility to regulate private actors emissions & use domestic jurisdiction.