Describe the composition of the International Court of Justice (ICJ). Discuss its voluntary jurisdication. (UPSC CSE Mains 2022 - Political Science and International Relations, Paper 2)
- ICJ was established in 1945 by the United Nations charter and started working in April 1946.
- It is the principal judicial organ of the United Nations, situated at the Peace Palace in The Hague (Netherlands).
- Unlike the six principal organs of the United Nations, it is the only one not located in New York (USA).
- It settles legal disputes between States and gives advisory opinions in accordance with international law, on legal questions referred to it by authorized United Nations organs and specialized agencies.
- It has 193 state parties.
Structure and Composition of ICJ
- The Court is composed of 15 judges,who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council. These organs vote simultaneously but separately.
- In order to be elected, a candidate must receive an absolute majority of the votes in both bodies.
- In order to ensure a measure of continuity, one third of the Court is elected every three years and Judges are eligible for re-election.
- ICJ is assisted by a Registry,its administrative organ. Its official languages are English and French.
- The 15 judges of the Court are distributed in following regions:
- Three from Africa.
- Two from Latin America and Caribbean.
- Three from Asia.
- Five from Western Europe and other states.
- Two from Eastern Europe.
- Unlike other organs of international organizations, the Court is not composed of representatives of governments. Members of the Court are independent judgeswhose first task, before taking up their duties, is to make a solemn declaration in open court that they will exercise their powers impartially and conscientiously.
- In order to guarantee his or her independence, no Member of the Court can be dismissed unless, in the unanimous opinion of the other Members, he/she no longer fulfils the required conditions. This has in fact never happened.
Voluntary Jurisdiction of the International Court of Justice (ICJ)
- The jurisdiction which the parties by virtue of an agreement or treaty confer on Court is called Voluntary Jurisdiction. In other words, when the parties to a treaty or a contract stipulate that if any dispute arises in respect of such treaty or contract the dispute shall be referred to the Court for settlement, this type of jurisdiction of the Court is said to be voluntary jurisdiction.
- So, in voluntary jurisdiction the parties to a dispute give their assent for the jurisdiction of the Court in advance.
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