International Court of Justice ICJ Short Notes for LLB Law

Hello friends welcome to another tutorial lesson. Today's topic is International Court of Justice(ICJ). It will be useful for LL.B students and LL.M students. This short noted is suitable for 5 marks questions. Fell free to share this article with your near and dear ones. Subscribe our free email news letter for latest post updates.

Introduction:   Permanent Court of International Justice was the first court which was established by League of Nations to resolve the International disputes. International Court of Justice was established in June 1945 by United Nations Charter.

Composition of International court of Justice (ICJ):

According to Article 7 of International Court of Justice (ICJ) is one of the principle organs of United Nations (UN). All members of United Nations are members of ICJ. If any state is not a member of United Nations then it may also be a party of International Court of Justice (ICJ) of recommendation on Security Council and general assembly. Total number of judges of International Court of Justice =15. Judges are elected separately by Security Council and General Assembly. Judges are appointed for a term of Nine (9) years. 5 Judges of International Court of Justice are always elected from Five (5) permanent members of Security Council. Judges are elected in such a way that Asia, Africa, Europe, Latin America are well presented.

Laws applied by International Court of Justice:

According to Article 38 of Statute of International Court of Justice, the International Court of Justice (ICJ) shall decide the disputes between the parties submitted to it in accordance with International Law and will apply International sources of Law in the following mentioned order.

(i) International treaty or conventions

(ii) International customs

(iii) General Principles of Law as recognized by the civilized nations

(iv) Judicial works and Juristic works

Jurisdiction of International Court of Justice:

Two most important jurisdiction of International Court of Justice (ICJ) are-

1. Contentious Jurisdiction:

In Contentious jurisdiction the State parties submit their case to the International Court of Justice (ICJ). Contentious jurisdiction is also classified into two. 

(a) Voluntary

(b) Optional

2. Advisory Jurisdiction:

The General Assembly or Security Council may request to the International Court of Justice (ICJ) to give any advisory opinion on legal questions. Other organs of United Nations and specialized agencies (like Economic and social Council (EcoSoc), IAEC etc.) which are authorized by General Assembly may also request any advisory opinion of International Court of Justice on legal matters