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Review key What Is the International Court of Justice and What Cases Does It Hear? exam facts and rate your mastery to track revision.
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#1
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations, established in June 1945.
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The Court began its judicial operations in April 1946, succeeding the Permanent Court of International Justice (PCIJ).
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The ICJ is headquartered at the Peace Palace in The Hague, Netherlands, making it the only principal UN organ outside New York City.
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All 193 UN Member States are ipso facto parties to the Statute of the International Court of Justice under Article 93 of the UN Charter.
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The Court is composed of 15 judges elected for nine-year terms by concurrent absolute majorities in the UNGA and UNSC.
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No two judges on the bench may be nationals of the same sovereign State, ensuring broad global legal representation.
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Five judges are elected every three years (triennial elections), and sitting judges are fully eligible for re-election.
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The official working languages of the International Court of Justice are strictly English and French.
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The Court exercises two forms of jurisdiction: Contentious Jurisdiction (disputes between States) and Advisory Jurisdiction (legal opinions).
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Only sovereign States may be parties to contentious cases before the ICJ; individuals and private corporations have no standing.
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Contentious jurisdiction requires state consent, established through special agreements, treaty clauses, or optional clause declarations.
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Judgments in contentious proceedings are final, binding upon the litigating parties, and not subject to appeal (Article 60 of Statute).
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Under Article 94(2) of the UN Charter, if a party fails to perform obligations under an ICJ judgment, the UNSC may take enforcement measures.
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The doctrine of precedent (stare decisis) does not formally bind the ICJ; Article 59 states decisions bind only the parties in that case.
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Advisory opinions may be requested by the General Assembly, Security Council, or 16 authorized UN specialized agencies under Article 96.
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Advisory opinions are non-binding by nature but carry profound legal authority and shape customary international law.
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The first contentious case decided by the ICJ was the Corfu Channel case (United Kingdom v. Albania) in 1949.
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In the Kulbhushan Jadhav Case (India v. Pakistan, 2019), the ICJ found Pakistan in breach of Article 36 of the Vienna Convention on Consular Relations.
#19
The ICJ ordered Pakistan to provide effective review and reconsideration of Jadhav's death sentence and grant consular access.
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Distinguished Indian jurists who have served as ICJ judges include Sir B.N. Rau, Dr. Nagendra Singh, R.S. Pathak, and Dalveer Bhandari.
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Dr. Nagendra Singh served with distinction as the President of the International Court of Justice from 1985 to 1988.
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The ICJ is distinct from the International Criminal Court (ICC), which prosecutes individuals for war crimes and genocide.
Subject Specialist Commentary
Analytical perspective & practical exam advice from the Master10 academic board
The International Court of Justice is the principal judicial organ of the United Nations, seated at the Peace Palace in The Hague. Established in 1945, it settles legal disputes between sovereign nations and gives advisory legal opinions to authorized UN bodies. The court consists of fifteen judges elected concurrently by the General Assembly and Security Council. Only sovereign states have standing in contentious cases, and final rulings are legally binding on the litigating parties without appeal.
For UPSC International Relations and State PSC exams, examiners test court jurisdiction and UN institutional architecture. A frequent prelims trap is confusing the ICJ with the International Criminal Court; remember that the ICJ resolves disputes between states, while the ICC prosecutes individual war criminals. In question papers, note that the ICJ is the only principal UN organ based outside New York. For revision, recall prominent Indian judges like Dr. Nagendra Singh and Justice Dalveer Bhandari.
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