Statute of the International Court of Justice

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 &amp; 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 present Statute.

CHAPTER I - ORGANIZATION OF THE COURT

Article 2 The Court shall be composed of a body of independent judges, elected regardless of their nationality from among persons of high moral character, who possess 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 Article 4 Article 5

Article 6 Before making these 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 sections of international academies devoted to the study of law. Article 7 Article 8 The General Assembly and the Security Council shall proceed independently of one another to elect the members of the Court. Article 9 At every election, the electors shall bear in mind not only that the persons to be elected should individually possess the qualifications required, but also that in the body as a whole the representation of the main forms of civilization and of the principal legal systems of the world should be assured. Article 10

Article 11 If, after the first meeting held for the purpose of the election, one or more seats remain to be filled, a second and, if necessary, a third meeting shall take place. Article 12 Article 13

Article 14 Vacancies shall be filled by the same method as that laid down for the first election, subject to the following provision: the Secretary-General shall, within one month of the occurrence of the vacancy, proceed to issue the invitations provided for in Article 5, and the date of the election shall be fixed by the Security Council. Article 15 A member of the Court elected to replace a member whose term of office has not expired shall hold office for the remainder of his predecessor's term. Article 16

Article 17 Article 18

Article 19 The members of the Court, when engaged on the business of the Court, shall enjoy diplomatic privileges and immunities. Article 20 Every member of the Court shall, before taking up his duties, make a solemn declaration in open court that he will exercise his powers impartially and conscientiously. Article 21 Article 22

Article 23 Article 24

Article 25 Article 26

Article 27 A judgment given by any of the chambers provided for in Articles 26 and 29 shall be considered as rendered by the Court. Article 28 The chambers provided for in Articles 26 and 29 may, with the consent of the parties, sit and exercise their functions elsewhere than at The Hague. Article 29 With a view to the speedy dispatch of business, the Court shall form annually a chamber composed of five judges which, at the request of the parties, may hear and determine cases by summary procedure. In addition, two judges shall be selected for the purpose of replacing judges who find it impossible to sit. Article 30 Article 31 Article 32 Article 33 The expenses of the Court shall be borne by the United Nations in such a manner as shall be decided by the General Assembly.

CHAPTER II - COMPETENCE OF THE COURT

Article 34 Article 35

Article 36 Article 37 Whenever a treaty or convention in force provides for reference of a matter to a tribunal to have been instituted by the League of Nations, or to the Permanent Court of International Justice, the matter shall, as between the parties to the present Statute, be referred to the International Court of Justice. Article 38

CHAPTER III - PROCEDURE

Article 39 Article 40

Article 41

Article 42 Article 43 Article 44 Article 45 The hearing shall be under the control of the President or, if he is unable to preside, of the Vice-President; if neither is able to preside, the senior judge present shall preside. Article 46 The hearing in Court shall be public, unless the Court shall decide otherwise, or unless the parties demand that the public be not admitted. Article 47

Article 48 The Court shall make orders for the conduct of the case, shall decide the form and time in which each party must conclude its arguments, and make all arrangements connected with the taking of evidence. Article 49 The Court may, even before the hearing begins, call upon the agents to produce any document or to supply any explanations. Formal note shall be taken of any refusal. Article 50 The Court may, at any time, entrust any individual, body, bureau, commission, or other organization that it may select, with the task of carrying out an enquiry or giving an expert opinion. Article 51 During the hearing any relevant questions are to be put to the witnesses and experts under the conditions laid down by the Court in the rules of procedure referred to in Article 30. Article 52 After the Court has received the proofs and evidence within the time specified for the purpose, it may refuse to accept any further oral or written evidence that one party may desire to present unless the other side consents. Article 53 Article 54

Article 55

Article 56 Article 57 If the judgment does not represent in whole or in part the unanimous opinion of the judges, any judge shall be entitled to deliver a separate opinion. Article 58 The judgment shall be signed by the President and by the Registrar. It shall be read in open court, due notice having been given to the agents. Article 59 The decision of the Court has no binding force except between the parties and in respect of that particular case. Article 60 The judgment is final and without appeal. In the event of dispute as to the meaning or scope of the judgment, the Court shall construe it upon the request of any party. Article 61

Article 62

Article 63 Article 64 Unless otherwise decided by the Court, each party shall bear its own costs.

CHAPTER IV - ADVISORY OPINIONS

Article 65

Article 66 Article 67 The Court shall deliver its advisory opinions in open court, notice having been given to the Secretary-General and to the representatives of Members of the United Nations, of other states and of international organizations immediately concerned. Article 68 In the exercise of its advisory functions the Court shall further be guided by the provisions of the present Statute which apply in contentious cases to the extent to which it recognizes them to be applicable.

CHAPTER V - AMENDMENT

Article 69 Amendments to the present Statute shall be effected by the same procedure as is provided by the Charter of the United Nations for amendments to that Charter, subject however to any provisions which the General Assembly upon recommendation of the Security Council may adopt concerning the participation of states which are parties to the present Statute but are not Members of the United Nations. Article 70 The Court shall have power to propose such amendments to the present Statute as it may deem necessary, through written communications to the Secretary-General, for consideration in conformity with the provisions of Article 69.

<BR />