International Court of Justice
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Statute of the Court
The Statute of the International Court of Justice is annexed to the Charter of the United Nations, of which it forms an integral part. The main object of the Statute is to organize the composition and the functioning of the Court.
The Statute can be amended only in the same way as the Charter, i.e., by a two-thirds majority vote in the General Asmbly and ratification by two-thirds of the States (Art 69).
Should the ICJ consider it desirable for its Statute to be amended, it must submit a proposal to this effect to the General Asmbly by means of a written communication addresd to the Secretary-General of the United Nations (Art 70). However, there has hitherto been no amendment of the Statute of the Court.
STATUTE
OF THE
INTERNATIONAL COURT OF JUSTICE
TABLE OF CONTENTS:
Chapter I: Organization of the Court (Articles 2 - 33)
Chapter II: Competence of the Court (Articles 34 - 38)
Chapter III: Procedure (Articles 39 - 64)
Chapter IV: Advisory Opinions (Articles 65 - 68)
Chapter V: Amendment (Articles 69 & 70)
Article 1
The International Court of Justice established by the Charter of the United Nations as the principal judicial organ of the United Nations shall be constituted and shall function in accordance with the provisions of the prent Statute.
CHAPTER I - ORGANIZATION OF THE COURT
Article 2
The Court shall be compod of a body of independent judges, elected regardless of their nationality from among persons of high moral character, who posss the qualifications required in their respective countries for appointment to the highest judicial offices, or are jurisconsults 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 purpos 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 exercis civil and political rights.
Article 4
1. The members of the Court shall be elected by the General Asmbly and by the Security Council from a list of persons nominated by the national groups in the Permanent Court of Arbitration, in accordance with the following provisions.
2. In the ca of Members of the United Nations not reprented in the Permanent Court of Arbitration, candidates shall be nominated by national groups appointed for this purpo by their governments under the same conditions as tho prescribed for members of the Permanent Court of Arbitration by Article 44 of the Convention of The Hague of 1907 for the pacific ttlement of international disputes.
3. The conditions under which a state which is a party to the prent Statute but is not a Member of the United Nations may participate in electing the members of the Court shall, in the abnce of a special agreement, be laid down by the General Asmbly upon recommendation of the Security Council.
Article 5
1. At least three months before the date of the election, the Secretary-General of the United Nations shall address a written request to the members of the Permanent Court of Arbitration belonging to the states which are parties to the prent Statute, and to the members of the national groups appointed under Article 4, paragraph 2, inviting them to undertake, within a given time, by national groups, the nomination of persons in a position to accept the duties of a member of the Court.
2. No group may nominate more than four persons, not more than two of whom shall be of their own nationality. In no ca may the number of candidates nominated by a group be more than double the number of ats to be filled.
Article 6
Before making the nominations, each national group is recommended to consult its highest court of justice, its legal faculties and schools of law, and its national academies and national ctions of international academies devoted to the study of law.
Article 7
1. The Secretary-General shall prepare a list in alphabetical order of all the persons thus nominated. Save as provided in Article 12, paragraph 2, the shall be the only persons eligible.
2. The Secretary-General shall submit this list to the General Asmbly and to the Security Council.
Article 8
The General Asmbly and the Security Council shall proceed independently of one another to elect the members of the Court.
