INTERNATIONAL COURT

OF JUSTICE

Dr. Amirthalingam. S
Associate Professor of
Law
TNNLS
Trichy
O COMPOSITON
O JURISDICTION
O POWER AND FUNCTIONS
 ARTICLE 92
The International Court of Justice shall
be in principal judicial organ of the
United Nations. It shall functions in
accordance with the annexed Statute,
which is based upon the Statute of the
Permanent Court of International
Justice and forms an integral part of
the present Charter
 ARTICLES 93 (1) & (2)
O All members of the United Nations are
ipso facto parties to the Statute of
International Court of Justice
O A state which is not a Member of the
United Nations may become a party to
the Statute of the International Court of
Justice on conditions to be determined in
each case by the General Assembly
upon the recommendation of the Security
Council.
 ARTICLES 94 (1) & (2)
O Each member of the United Nations
undertakes to comply with the decision of
the International Court of Justice in any
case to which it is a party
O If any party to a case fails to perform the
obligations of incumbent is not a Member of
the United Nations may become a party to
the Statute of the International Court of
Justice on conditions to be determined in
each case by the General Assembly upon
the recommendation of the Security
Council.
 ARTICLE 95
Nothing in the present Charter shall
prevent Members of the United Nations
from entrusting the solution of their
differences to other tribunals by virtue of
agreements already in existence or which
may be concluded in the future.
 ARTICLES 96 (1) & (2)
O The General Assembly or the Security
Council may request the International Court
of Justice to given an advisory opinion of any
legal question.
O Other organs of the United Nations and
specialised agencies, which may at any time
be so authorised by the General Assembly,
may also request advisory opinions of the
Court on legal questions arising within the
scope of their activities.
 MEMBERSHIP
O 15 Judges
O Elected by
COMPETENCE OF THE COURT

O Only States may be parties in cases

before the Court
 JURISDICTION
O Article 36
 MATTERS RELATING TO..
O Interpretation of a treaty

O Any question of international law

O The existence of any fact which, if established, would

constitute a breach of an international organisation

O The nature or extent of the reparation to be made for the

breach of an international obligation.
ADVISORY OPINION
O 1947 - Conditions of Admission of a State to Membership in the United
Nations (Article 4 of the Charter)

O 1948 - Reparation for Injuries Suffered in the Service of the United Nations

O 1949 - International Status of South West Africa

O Competence of the General Assembly for the Admission of a State to the

United Nations

O Interpretation of Peace Treaties with Bulgaria, Hungary and Romania

O 1962 - Expenses case

O 1971 - Advisory Opinion on Namibia

O 1995 - Legality of the Threat or Use of
Nuclear Weapons

O 1993 - Legality of the Use by a State of

Nuclear Weapons in Armed Conflict
O 2008 - Accordance with international law of
the unilateral declaration of independence
in respect of Kosovo (Request for Advisory
Opinion)

O 2003 - Legal Consequences of the

Construction of a Wall in the Occupied
Palestinian Territory
 CONTENTIOUS CASE
O 1947- Corfu Channel (United Kingdom of Great
Britain and Northern Irelandv.Albania)

O 1949- Asylum (Colombia/Peru)

O 1951- Nottebohm (Liechtensteinv.Guatemala)

O 1955- Right of Passage over Indian Territory

(Portugalv.India)
O 1991 - Maritime Delimitation and
Territorial Questions between Qatar and
Bahrain (Qatarv.Bahrain)

O Continental Shelf (Libyan Arab

Jamahiriya/Malta)

O 1993 - Gabkovo-Nagymaros Project

(Hungary/Slovakia)
O 1999 - Legality of Use of Force (Yugoslaviav.United
States of America)

O 1999 - Aerial Incident of 10 August 1999

(Pakistanv.India)

O 2001 - Territorial and Maritime Dispute

(Nicaraguav.Colombia)

O 2006 - Pulp Mills on the River Uruguay

(Argentinav.Uruguay)