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This court is different from the International Criminal Court and the War Crimes Law (Belgium) both of which have been confused with the International Court of Justice.
The seat of the Court is in The Hague, the Netherlands. It is composed of fifteen judges elected by the UN General Assembly and the UN Security Council from a list of persons nominated by the national groups in the Permanent Court of Arbitration. Judges serve for nine years and may be re-elected. No two may be nationals of the same country. One-third of the Court is elected every three years. Each of the five permanent members of the Security Council ( France, the People's Republic of China, Russia, the United Kingdom, and the United States) have always had a judge on the Court. Questions before the Court are decided by a majority of judges present. Article 38 of the Statute provides that in arriving at its decisions the Court shall apply international conventions, international custom, the "general principles of law recognized by civilized nations", and previous judicial decisions if necessary (although previous ICJ cases do not automatically function as binding precedent). If the parties agree, the Court may also decide ex aequo et bono, or "in justice and fairness", in which the Court makes a decision based on general principles of fairness rather than specific law.
There are two distinct types of cases which the court rules on; contentious issues between states in which the court produces binding rulings between parties which submit to the court, and advisory opinions which are inherently non-binding.
Only states may be parties in contentious cases before the International Court of Justice. This does not preclude private interests from being the subject of proceedings if one state brings the case against another. Jurisdiction of the court is limited only to cases where both parties have submitted their dispute to the court. Should either party fail "to perform the obligations incumbent upon it under a judgment rendered by the Court", the Security Council may be called upon to "make recommendations or decide upon measures" if the security council deems such actions necessary.
In practice, the Court's powers have been limited by the unwillingness of the convicted party to abide by the Court's ruling, or by the Security Council's unwillingness to enforce consequences.
However, in theory, "so far as the parties to the case are concerned, a judgment of the Court is binding, final and without appeal," and "by signing the Charter, a State Member of the United Nations undertakes to comply with any decision of the International Court of Justice in a case to which it is a party".
For example, the United States of America had previously accepted the Court's compulsory jurisdiction upon its creation in 1946Events January January 4 Theodore Schurch becomes the last person to be executed for offences committed under the Treachery Act of 1940 January 7 Allied recognize Austrian republic with 1937 borders the country is divided into four occupation zones Januar but withdrew its acceptance following the Court's judgment in 1984This page is about the year 1984. For other uses of 1984, see 1984 (disambiguation). 1984 is a leap year starting on Sunday (link shows calendar). Events January January 1 Brunei becomes a fully independent state January 1 AT&T is broken up into 22 indepe that called on the US to "cease and to refrain" from the "unlawful use of force" against the government of NicaraguaNicaragua is a republic in Central America. It is the largest Central American nation but the least densely populated. It is bordered on the north by Honduras and on south by Costa Rica. Its western coastline is on the Pacific Ocean, while the east side o. The court ruled the US was "in breach of its obligation under customary international law not to use force against another state" and was ordered to pay reparations (see note 2) , although it never did, (see: Nicaragua v. United StatesThe Republic of Nicaragua v. The United States of America was a case heard by the International Court of Justice in which it was alleged that the United States had violated international law by supporting Contra guerrillas in their war against the Nicarag).
Examples of cases include:
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