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Request for advisory opinion -> Court assembles all the facts -> written/oral proceedings  
Not binding for parties in the case 
Usually do not furnish evidence from outside organizations 

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ICJ has 15 judges and a president and a vice president

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1. Presided over by president > vice president

2. Parties can choose judge ad hoc if president a national of a country in dispute

3. Written documents: Memorial by the applicant (statement of relevant facts, statement of law, submissions) > counter memorial by the respondent (admission or denial of facts, additional facts, observations, statement of law, submissions)

4. Oral arguments may only relate to written arguments submitted

5. Before oral arguments submit list of witnesses/experts to court

6. Court determines if arguments before or after production of evidence

7. Order in which parties are heard, method of handling evidence and witnesses/experts settled by court after parties make their views known

8. Oral statements as succinct as possible- focus on issues of disagreement, not issues already covered by pleading and repeating the facts/arguments in them

9. Court (judge) is allowed to ask questions during whole trial- to agents, counsel, advocates after asking the president- answers may be immediate or in specified time limit fixed by president

10. If court needs more they can ask for more facts/evidence/experts

11. Witnesses swear “I solemnly declare upon my honour and conscience that I will speak the truth, the whole truth and nothing but the truth”

12. Experts swear “I solemnly declare upon my honour and conscience that I will speak the truth, the whole truth and nothing but the truth, and that my statement will be in accordance with my sincere belief”

13. Presidents/judges can ask questions to witnesses/experts in addition to agents, counsel, or advocates of the parties

14. Good communication between all

15. Court can ask international organization for info

16. Court can decide at any time of the circumstances of the case require special measures (parties can ask for too)

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1. Structures of the ICJ

2. The ICJ takes in two types of cases: state legal disputes and legal questions raised by other UN bodies.

3. There is no international bar association; all advocates only need to be approved by the government they are representing

4. The court generally discharges his duties to as a full court (9 judges) not including the judges ad hoc.

5. The court has three types of chambers:

6. The chamber of summary procedure:

7. Chamber comprising of three judges

8. Chamber formed to deal with a particular case (ad hoc)

9. There are three separate committees:

10. Budgetary and Administrative- prepares administrative decisions for ICJ

11. Rules- advises for procedural issues and working methods

12. Library- oversees library’s acquisition and modernization

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The court can give “Advisory Opinions”. These aren’t binding contracts or decisions, but can still hold a great amount of moral authority and legal ramifications.

It has been termed as legal advice to the United Nations from the ICJ.

The court can rule on the actions of countries, but they aren’t binding.

Presidents and Vice Presidents of the ICJ are elected for three year terms.

Can handle cases involving spies and citizens from one country who infiltrate another country.

Can overrule the decisions of lower courts in countries (ex: can order a stay of execution, or for a lower court to review a decision)

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Territorial status of South West Africa and Western Sahara

Determines expenses of UN operations

US rejects international court of Justice ruling on Iran

Both countries continue to violate their treaties and the ruling

ICJ is ruling that the US needs to provide exports of humanitarian and civil aviation supplies to Iran which they claim to already be doing

Cases are binding but are not enforced

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comprises a panel of 15 judges elected by the General Assembly and Security Council for nine-year terms

Generally, the court sits as full bench, but in the last fifteen years, it has on occasion sat as a chamber (3-5 people)

chambers for special categories of cases

the formation of ad hoc chambers to hear particular disputes

In 1993, a special chamber was established to hear environmental matters

Important Members

President Abdulqawi Ahmed Yusuf (Somalia)

Vice president Xue Hanqin (China)

Judge Peter Tomka (Slovakia)

Judge Ronny Abraham (France)

Judge Mohamed Bennouna (Morocco)

Judge Antônio Augusto Cançado Trindade (Brazil)

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No country has permanent representatives on the court

Only has jurisdiction to hear a case is both parties accept its authority (creates problems)

Case can only be submitted to the court if both parties consent to the court's jurisdiction

Both parties agree beforehand to abide by the court's decision

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is the main judicial organ of the UN

It was established in June 1945 by the Charter of the United Nations and began work in April 1946

The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies

decides disputes between countries, based on the voluntary participation of the States concerned

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The court settles disputes between states and requests for opinions of legal questions by the UN

Files dispute

A written phase, in which the parties file and exchange pleadings containing a detailed statement of the points of fact and of law

an oral phase consisting of public hearings at which agents and counsel address the Court

Court deliberates and then delivers its judgment at a public sitting. The judgment is final, binding on the parties to a case and without appeal (most of the time)

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Once a case has been decided, What happens?

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Once a case has been decided, What happens?

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1. Decisions are binding on the issues concerning land and maritime boundaries, territorial sovereignty diplomatic relations, the right of asylum, nationality, and economic rights.

2. United Nations Chapter 3 ,  any party to a case which fails to perform his obligations which is imposed on it by a judgment delivered by the ICJ can be executed upon by an application to the Security Council that the defaulting party has refused to comply with the said judgment.

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Methods of Dispute Settlement:
negotiation, inquiry, mediation, conciliation, arbitration and judicial settlement

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Advisory proceedings - any legal question that is within the scope

contentious cases - notification of a special agreement (bilateral) or application (unilateral)

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The ICJ's primary functions are to settle international legal disputes submitted by states and give advisory opinions on legal issues referred to it by the UN

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Advisory proceedings

Legal questions arising within the scope of their activities

Request for advisory opinion -> Court assembles all the facts -> written/oral proceedings

Not binding for parties in the case

Usually do not furnish evidence from outside organizations

Looser rules

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President Abdulqawi Ahmed Yusuf (somalia)

Vice-President Xue Hanqin (China)

Judge Peter Tomka (Slovakia)

Judge Ronny Abraham (France)

Judge Mohamed Bennouna (Morocco)

Judge Antônio Augusto Cançado Trindade (Brazil)

Judge Joan E. Donoghue (United States of America)

Judge Giorgio Gaja (Italy)

Judge Julia Sebutinde (Uganda)

Judge Dalveer Bhandari (India)

Judge Patrick Lipton Robinson (Jamaica)

Judge James Richard Crawford (Australia)

Judge Kirill Gevorgian (Russian Federation)

Judge Nawaf Salam (Lebanon)

Judge Yuji Iwasawa (Japan)

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Ruling a bit ago that Washington must ensure its sanctions don’t hit humanitarian aid or civil aviation safety for Iran

Its rulings are binding, but it has no power to enforce them, and both the United States and Iran have effectively ignored its decisions in the past in cases they have brought against each other.

The 1955 treaty of Amity with Iran signed between the Washington and the U.S.-backed Shah of Iran established friendly relations and the right to ICJ arbitration in case of disputes.

Throughout the last 40 years Iran and the U.S. have ignored each other’s complaints brought to the ICJ, and both countries’ policies toward one another have long violated the treaty.

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Contentious cases: Legal disputes between states

Advisory proceedings: requests for advisory opinions on legal questions referred to it by UN organs and specialized agencies

Contentious Case:

No permanent representatives

Notification of a special agreement (bilateral) or application (unilateral

Advisory proceedings

Legal questions arising within the scope of their activities

Request for advisory opinion -> Court assembles all the facts -> written/oral proceedings

Not binding for parties in the case

Usually do not furnish evidence from outside organizations

Looser rules

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in- only states may be party to contentious cases
- court competent to entertain the dispute if states accept its jurisdiction by
*entering special agreement to submit dispute to court
*typically when parties of a treaty, one of them may refer the dispute to the court
- states have no permanent representation
- communicate with registrar through minister for foreign affairs
-parties to cases before the court are represented by agents
-agents play same role and have same obligations as a solicitor in a national court
-After oral proceedings the court deliberates in camera and then delivers the verdict in public sitting
-Judgement is final and binds parties to decision without appeal
- Judges wishing to appeal must submit an opinion to the judgement
-Advisory proceedings in the court are only open to 5 organs of the UN and 16 specialized agencies of the UN family or affiliated organizations
- UN General assembly and security council may request advisory opinions on any legal questions

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-The ICJ made a ruling requiring the US to make exceptions to its current trade sanctions on Iran for humanitarian and civil aviation materials
-According to international law, the US is bound to follow the ICJ ruling but there is nothing the ICJ or Iran can do to enforce the ruling
-This US decision highlights the US government's move towards  isolation and sovereignty focus, which comes at the price of defacing long standing international cooperation

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Only States (Members of the United Nations and other States which have become parties to the Statute of the Court) may be parties to contentious cases

Court will only recognize a dispute if the states involved have recognized the court’s jurisdiction by :

Enter a special agreement to enter dispute to court

Jurisdictional clause- stated in an official treaty between parties that ay dispute should be settled by this court

Declarations under statutes hat exclude certain cases

States have no permanent representatives in the court

Parties are represented by “agents” which are basically lawyers but the pressure is on because the whole nation is represented

Public hearings where agent opens argument on behalf of the nation they represent

Proceeding start two ways:

Introducing a notification of special agreement

Indicates subject of dispute and parties involved

May be initiated by either state or the court

Neither nation is plaintiff or respondent

Application

Submitted by one nation against the other

One is the applicant and the other is the respondent (two opposing parties)

Stricter requirements in proceedings

Must indicate on which basis the court has jurisdiction

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-has no jurisdiction to try people tried of war crimes
-hears cases from multiple states
-consent is manifested in special  agreement, clause in treaty, and unilateral declaration
-all decisions are final

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Established in June of 1945 by the charter of the United Nations. They began to start working in 1946.
the seat of the court is located at the peace palace in Hague Netherlands. This court has 15 judges and they all are elected for a 9 year term. They are elected by the United Nations General Assembly and the Security Council. The official languages of the ICJ are french and English.