International court of justice
1) concept ;-
It is the principal judicial of the UN . It also called world court it has a statue which is called statute of 2IJ Statute .It has 7 article . it is independent from the UN charter it start working in 1946
2) Composition;-
It consist of 15 judges of these judge one is president and one is vice president and 13 are judges.
3) Tenure;-
They are elected for the term of 9 years one third judges retired after every 3 year it means that 5 judges retired after every 3 year.
4) Election;-
General Assembly and security council shall conduct the election of the judge of the court independently , but simultaneously .These two organ shall elect the judge from the list of nominees prepared by the nation groups in the permanent court of arbitration .
5) Qualification;-
the person who is qualified for the appointment of the superior judicial officer in his country may be nominated by the national groups for the election of the judge in PCA
6) Place of sitting ;-
The court is sit at the peace palace in huge ,nitherlands
7) Quorum ;-
9 judges out of 15 judges is the quorum of the ICJ ,if the matter is tie than the president and vice president may cast his /her tie vote.
Jurisdiction;-
jurisdiction means the extend of authority
I) Contentious;-
Contentious jurisdiction means the jurisdiction of ICJ to decide the disputes of legal nature submitted by states the judgement given in the contentious matter is binding.Contentious jurisdiction is of two kinds.
A) Voluntary Jurisdiction;- U/A36(1)
if after the occurrence of the dispute parties mutual agree to refer such dispute to ICJ the jurisdiction which the ICJ exercise For the settlement of such dispute is called voluntary jurisdiction.
B) Compulsory Jurisdiction ;- U/A 36(2)
The jurisdiction which the parities by virtue of an agreement or treaty confer on court in advance is called Compulsory jurisdiction. In other word when the party to a treaty or a contract stipulate that if any dispute arise in respect of such treaty or contract the dispute shall be refered to the court for settlements this type of jurisdiction is called compulsory jurisdiction it may be conditional or unconditional .
II) Advisory
Advisory jurisdiction means the jurisdiction of the ICJ by which it may gives an advisory opinion on a Question of law refereed to it by general assembly or security council. This advisory opinion is not winding
8) procedure in contentious matters;-
The parties to dispute submit an application to the registrar of IJC this application must state that
l What are the names of the parties and
l What is the dispute between the parties.
If the registrar consider that the ICJ has a compulsory or voluntary jurisdiction of such dispute he issue the notice to the parties after notice there are two types of proceeding in the court written and unwritten proceeding in written proceeding the parties submit their written documents . one party file memorial and counter memorial (memorial is basically a plaint) than oral proceeding start in the court in which parties submit oral argument after the completion of oral argument the court decide the case and give the judgement with 6 to 7 months. These judgement is written in camera and than it is publically announced.
9) Procedure in advisory matters;-
The general Assembly or the security council refer o question of law to the ICJ in writing and ICJ after considering the matter advise the general Assembly or as the case may be to the security council.
10) Execution of judgment;-
To execute the judgement is the responsibility of security council . the ICJ send the judgement to the security if it is approved by the votes of 9member including 5 permanent members then security council execute it either by using peaceful or forceful means.
11) Provisional measures;-
Provisional measures are the Interim orders issued by the International Court of Justice.Under article 41 of ICJ Statute the court has the power to take any provisional measures which it ought to be taken to preserve the rights of either party. Such as granting stay.
Principles to grant stay;-
l prima facie case
l balance of opinion
l Irreparable lose
12) Law applied by ICJ;-
Article 38 of ICJ statute Describe the law to be applied by the ICJ While deciding cases within its jurisdiction shall apply the
l International Convention
l Internationale Customs
l General principals of law Judicial decision Or various Writing of highly qualified jurists
13) Immunity of judge;-
All the immunity that are provided to deplomates and ambassadors are also available to ICJ judges
14) Remuneration of judges;-
Remuneration means salary of the judges of ICJ. It is fixed by general assembly in financial budge and there salaries are free from tex.
15) Restriction on judges;-
The judge of ICJ can not hold any office of profit at national or international
