THE INTERNATIONAL COURT OF

JUSTICE
COMPOSITION OF THE COURT
Article 2.
The Court shall be composed of a body of independent
judges, elected regardless of their nationality from among
persons of high moral character, who possess the
qualifications required in their respective countries for
appointment to the highest judicial offices, or are juris
consults of recognized competence in international law.
Article 3
1. The Court shall consist of fifteen members, no two of
whom may be nationals of the same state.
2. A person who for the purposes of membership in the
Court could be regarded as a national of more than one
state shall be deemed to be a national of the one in which
he ordinarily exercises civil and political rights.
Article 26
1. The Court may from time to time form one or more
chambers, composed of three or more judges as the Court
may determine, for dealing with particular categories of
cases; for example, labour cases and cases relating to
transit and communications.
2. The Court may at any time form a chamber for dealing
with a particular case. The number of judges to constitute
such a chamber shall be determined by the Court with the
approval of the parties.
3. Cases shall be heard and determined by the chambers
provided for in this article if the parties so request.
Article 27
A judgment given by any of the chambers provided for in
Articles 26 and 29 shall be considered as rendered by the
Court.
Article 31
1. Judges of the nationality of each of the parties shall retain their right
to sit in the case before the Court.
2. If the Court includes upon the Bench a judge of the nationality of
one of the parties, any other party may choose a person to sit as
judge. Such person shall be chosen preferably from among those
persons who have been nominated as candidates as provided in
Articles 4 and 5.
3. If the Court includes upon the Bench no judge of the nationality of
the parties, each of these parties may proceed to choose a judge as
provided in paragraph 2 of this Article.
4. The provisions of this Article shall apply to the case of Articles 26 and
29. In such cases, the President shall request one or, if necessary,
two of the members of the Court forming the chamber to give
place to the members of the Court of the nationality of the parties
concerned, and, failing such, or if they are unable to be present, to
the judges specially chosen by the parties.
5. 5. Should there be several parties in the same interest, they shall, for
the purpose of the preceding provisions, be reckoned as one party
only. Any doubt upon this point shall be settled by the decision of
the Court.
6. 6. Judges chosen as laid down in paragraphs 2, 3, and 4 of this
Article shall fulfill the conditions required by Articles 2, 17 (paragraph
2), 20, and 24 of the present Statute. They shall take part in the
decision on terms of complete equality with their colleagues.
 JURISDICTION OF THE ICJ:
CONTENTIOUS JURISDICTION
Article 36
1. The jurisdiction of the Court comprises all cases which the parties refer to it
and all matters specially provided for in the Charter of the United Nations or
in treaties and conventions in force.
2. The states parties to the present Statute may at any time declare that they
recognize as compulsory ipso facto and without special agreement, in
relation to any other state accepting the same obligation, the jurisdiction of
the Court in all legal disputes concerning: a. the interpretation of a treaty; b.
any question of international law; c. the existence of any fact which, if
established, would constitute a breach of an international obligation; d. the
nature or extent of the reparation to be made for the breach of an
international obligation.
3. The declarations referred to above may be made unconditionally or on
condition of reciprocity on the part of several or certain states, or for a
certain time.
4. Such declarations shall be deposited with the Secretary-
General of the United Nations, who shall transmit copies thereof
to the parties to the Statute and to the Registrar of the Court.
5. Declarations made under Article 36 of the Statute of the
Permanent Court of International Justice and which are still in
force shall be deemed, as between the parties to the present
Statute, to be acceptances of the compulsory jurisdiction of the
International Court of Justice for the period which they still have
to run and in accordance with their terms.
6. In the event of a dispute as to whether the Court has
jurisdiction, the matter shall be settled by the decision of the
Court
PROVISIONAL MEASURES
ARTICLE 41
1. The Court shall have the power to indicate, if it considers
that circumstances so require, any provisional measures
which ought to be taken to preserve the respective rights
of either party.
2. Pending the final decision, notice of the measures
suggested shall forthwith be given to the parties and to the
Security Council
INTERVENTION
ARTICLE 62
1. Should a state consider that it has an interest of a legal
nature which may be affected by the decision in the case,
it may submit a request to the Court to be permitted to
intervene.
2. It shall be for the Court to decide upon this request.
ARTICLE 63
1. Whenever the construction of a convention to which
states other than those concerned in the case are parties is
in question, the Registrar shall notify all such states
forthwith.
2. Every state so notified has the right to intervene in the
proceedings; but if it uses this right, the construction given
by the judgment will be equally binding upon it.
OBLIGATION TO COMPLY WITH
DECISIONS
ARTICLE 59 (ICJ STATUTE)
The decision of the Court has no binding force except
between the parties and in respect of that particular
case.
Article 60
The judgment is final and without appeal. In the event of
dispute as to the meaning or scope of the judgment, the
Court shall construe it upon the request of any party.
ARTICLE 61
1. An application for revision of a judgment may be made only when it is
based upon the discovery of some fact of such a nature as to be a decisive
factor, which fact was, when the judgment was given, unknown to the Court
and also to the party claiming revision, always provided that such ignorance
was not due to negligence.
2. The proceedings for revision shall be opened by a judgment of the Court
expressly recording the existence of the new fact, recognizing that it has
such a character as to lay the case open to revision, and declaring the
application admissible on this ground.
3. The Court may require previous compliance with the terms of the
judgment before it admits proceedings in revision.
4. The application for revision must be made at latest within six months of the
discovery of the new fact.
5. No application for revision may be made after the lapse of ten years from
the date of the judgment. Article 94 (UN Charter)
 1. 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.
2. 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 to the
judgment.
ICJ judgments are binding on the parties (Art. 59) and are deemed “final
and without appeal.” (Art. 60).
Enforcement is governed by Article 94 of the UN Charter. Member states
must comply with the judgment. If a party does not comply, the aggrieved
party may appeal to the UN Security Council “which may, if it deems
necessary, make recommendations or decide upon measures to be taken
to give effect to the judgment.” This may give rise to enforcement
measures, which, however, is subject to the veto powers of the permanent
members. But the winning state might make use of alternative methods of
enforcement such as diplomatic or economic pressure.
ADVISORY JURISDICTION
ARTICLE 65
1. The Court may give an advisory opinion on any legal
question at the request of whatever body may be
authorized by or in accordance with the Charter of the
United Nations to make such a request.
2. Questions upon which the advisory opinion of the Court
is asked shall be laid before the Court by means of a
written request containing an exact statement of the
question upon which an opinion is required, and
accompanied by all documents likely to throw light upon
the question.
ARTICLE 66
1. The Registrar shall forthwith give notice of the request for an advisory
opinion to all states entitled to appear before the Court.
2. The Registrar shall also, by means of a special and direct
communication, notify any state entitled to appear before the Court
or international organization considered by the Court, or, should it not
be sitting, by the President, as likely to be able to furnish information on
the question, that the Court will be prepared to receive, within a time
limit to be fixed by the President, written statements, or to hear, at a
public sitting to be held for the purpose, oral statements relating to the
question.
3. Should any such state entitled to appear before the Court have
failed to receive the special communication referred to in
paragraph 2 of this Article, such state may express a desire to
submit a written statement or to be heard; and the Court will
decide.
4. States and organizations having presented written
or oral statements or both shall be permitted to comment on the
statements made by other states or organizations in the form, to
the extent, and within the time limits which the Court, or, should it
not be sitting, the President, shall decide in each particular case.
Accordingly, the Registrar shall in due time communicate any
such written statements to states and organizations having
submitted similar statements
THE INTERNATIONAL CRIMINAL
COURT
 What is the International Criminal
Court?
The International Criminal Court (“the ICC” or “the Court”) is a
permanent international court
established to investigate, prosecute and try individuals accused of
committing the most serious
crimes of concern to the international community as a whole,
namely the crime of genocide, crimes
against humanity, war crimes and the crime of aggression.
Why was the ICC established?
The idea of a system of international criminal justice re-
emerged after the end of the Cold War.
However, while negotiations on the ICC Statute were
underway at the United Nations, the world was witnessing the
commission of heinous crimes in the territory of the former
Yugoslavia and in Rwanda. In response to these atrocities, the
United Nations Security Council established an ad hoc
tribunal for each of these situations.
 What is the Rome Statute?
On 17 July 1998, a conference of 160 States established the first
treaty-based permanent international criminal court. The treaty
adopted during that conference is known as the Rome Statute of
the International Criminal Court. Among other things, it sets out the
crimes falling within the jurisdiction of the ICC, the rules of
procedure and the mechanisms for States to cooperate with the
ICC. The countries which have accepted these rules are known as
States Parties and are represented in the Assembly of States Parties.
How many countries have ratified
the Rome Statute?
Over 120 countries are States Parties to the Rome Statute,
representing all regions: Africa, the Asia- Pacific, Eastern
Europe, Latin America and the Caribbean, as well as Western
European and North America.
Where is the seat of the Court?
The seat of the Court is in The Hague in the Netherlands. The
Rome Statute provides that the Court may sit elsewhere
whenever the judges consider it desirable. The Court has also
set up offices in the areas where it is conducting
investigations.
How does the ICC differ from other
courts?
The ICC is a permanent autonomous court, whereas the ad hoc
tribunals for the former Yugoslavia and Rwanda, as well as other
similar courts established within the framework of the United
Nations to deal with specific situations only have a limited
mandate and jurisdiction. The ICC, which tries individuals, is also
different from the International Court of Justice, which is the
principal judicial organ of the United Nations for the settlement of
disputes between States. The ad hoc tribunal for the former
Yugoslavia and the International Court of Justice also have their
seats in The Hague.
Who can be prosecuted before
the ICC?
The ICC prosecutes individuals, not groups or States. Any
individual who is alleged to have committed crimes within
the jurisdiction of the ICC may be brought before the ICC. In
fact, the Office of the Prosecutor’s prosecutorial policy is to
focus on those who, having regard to the evidence
gathered, bear the greatest responsibility for the crimes, and
does not take into account any official position that may be
held by the alleged perpetrators.
If the ICC issues an arrest warrant
against a current or former head of
state, is it for political reasons?
No. The ICC is a judicial institution with an exclusively judicial
mandate. It is not subject to political control. As an independent
court, its decisions are based on legal criteria and rendered by
impartial judges in accordance with the provisions of its founding
treaty, the Rome Statute, and other legal texts governing the
work of the Court.
 Which crimes fall within the
jurisdiction of the ICC?
The mandate of the Court is to try individuals (rather than
States), and to hold such persons accountable for the most
serious crimes of concern to the international community
as a whole, namely the crime of genocide, war crimes,
crimes against humanity, and the crime of aggression,
when the conditions for the exercise of the Court’s
jurisdiction over the latter are fulfilled.
 What is genocide?
According to the Rome Statute, “genocide” means any of the following
acts committed with the intent to destroy, in whole or in part, a
national, ethnical, racial or religious group:
• killing members of the group;
• causing serious bodily or mental harm to members of the group;
• deliberately inflicting on the group conditions of life calculated to
bring about its physical destruction in whole or in part;
• imposing measures intended to prevent births within the group;
• forcibly transferring children of the group to another group.
 What are crimes against humanity?
“Crimes against humanity” include any of the following acts committed as
part of a widespread or systematic attack directed against any civilian
population, with knowledge of the attack:
• murder;
• extermination;
• enslavement;
• deportation or forcible transfer of population;
• imprisonment;
• torture;
• rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization,
or any other form of sexual violence of comparable gravity;
• persecution against an identifiable group on political, racial, national, ethnic,
cultural, religious or gender grounds;
• enforced disappearance of persons;
• the crime of apartheid;
• other inhumane acts of a similar character intentionally causing great suffering or
serious bodily or mental injury
 What are war crimes?
“War crimes” include grave breaches of the Geneva Conventions and other
serious violations of the laws and customs applicable in international armed
conflict and in conflicts “not of an international character” listed in the Rome
Statute, when they are committed as part of a plan or policy or on a large scale.
These prohibited acts include:
• murder;
• mutilation, cruel treatment and torture;
• taking of hostages;
• intentionally directing attacks against the civilian population;
• intentionally directing attacks against buildings dedicated to religion,
education, art, science or charitable purposes, historical monuments or hospitals;
• pillaging;
• rape, sexual slavery, forced pregnancy or any other form of sexual violence;
• conscripting or enlisting children under the age of 15 years into armed forces or
groups or using them to participate actively in hostilities.
What is a crime of aggression?
As adopted by the Assembly of States Parties during the Review
Conference of the Rome Statute, held in Kampala (Uganda) between
31 May and 11 June 2010, a “crime of aggression” means the planning,
preparation, initiation or execution of an act of using armed force by a
State against the sovereignty,
territorial integrity or political independence of another State.
The act of aggression includes, among other things, invasion, military
occupation, and annexation by the use of force, blockade of the ports
or coasts, if it is considered being, by its character, gravity and scale, a
manifest violation of the Charter of the United Nations.
The perpetrator of the act of aggression is a person who is in a position
effectively to exercise control over or to direct the political or military
action of a State.
When is the sentence pronounced
by the Court?
After hearing the victims and the witnesses called to testify
by the Prosecution and the Defence and considering the
evidence, the judges decide whether the accused person
is guilty or not guilty.
The sentence is pronounced in public and, wherever
possible, in the presence of the accused, and victims or
their legal representatives, if they have taken part in the
proceedings.
 What penalties may be imposed
by the Court?
The judges may impose a prison sentence, to which may
be added a fine or forfeiture of the proceeds, property
and assets derived directly or indirectly from the crime
committed. The Court cannot impose a death sentence.
The maximum sentence is 30 years. However, in extreme
cases, the Court may impose a term of life imprisonment.
Where are the sentences served?
Convicted persons serve their prison sentences in a State
designated by the Court from a list of States which have
indicated to the Court their willingness to accept convicted
persons.
The conditions of imprisonment are governed by the laws of
the State of enforcement and must be consistent with widely
accepted international treaty standards governing the
treatment of prisoners.
Such conditions may not be more or less favourable than
those available to prisoners convicted of similar offences in
the State of enforcement.