INTERNATIONAL COURT OF JUSTICE
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
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.
1. The Court shall consist of fifteen members, no two of whom may be nationals of the same state.
2. A person who for the purposes of membership in the Court could be
regarded as a national of more than one state shall be deemed to be a
national of the one in which he ordinarily exercises civil and
1. The members of the Court shall be elected by the General Assembly
and by the Security Council from a list of persons nominated by the
national groups in the Permanent Court of Arbitration, in accordance
with the following provisions.
2. In the case of Members of the United Nations not represented in
the Permanent Court of Arbitration, candidates shall be nominated by
national groups appointed for this purpose by their governments under
the same conditions as those prescribed for members of the Permanent
Court of Arbitration by Article 44 of the Convention of The Hague of
1907 for the pacific settlement of international disputes.
3. The conditions under which a state which is a party to the
present Statute but is not a Member of the United Nations may
participate in electing the members of the Court shall, in the absence
of a special agreement, be laid down by the General Assembly upon
recommendation of the Security Council.
1. At least three months before the date of the election, the
Secretary-General of the United Nations shall address a written request
to the members of the Permanent Court of Arbitration belonging to the
states which are parties to the present Statute, and to the members of
the national groups appointed under Article 4, paragraph 2, inviting
them to undertake, within a given time, by national groups, the
nomination of persons in a position to accept the duties of a member of
2. No group may nominate more than four persons, not more than two
of whom shall be of their own nationality. In no case may the number of
candidates nominated by a group be more than double the number of seats
to be filled.
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.
1. The Secretary-General shall prepare a list in alphabetical order
of all the persons thus nominated. Save as provided in Article 12,
paragraph 2, these shall be the only persons eligible.
2. The Secretary-General shall submit this list to the General Assembly and to the Security Council.
The General Assembly and the Security Council shall proceed independently of one another to elect the members of the Court.
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.
1. Those candidates who obtain an absolute majority of votes in the
General Assembly and in the Security Council shall be considered as
2. Any vote of the Security Council, whether for the election of
judges or for the appointment of members of the conference envisaged in
Article 12, shall be taken without any distinction between permanent
and non-permanent members of the Security Council.
3. In the event of more than one national of the same state
obtaining an absolute majority of the votes both of the General
Assembly and of the Security Council, the eldest of these only shall be
considered as elected.
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.
1. If, after the third meeting, one or more seats still remain
unfilled, a joint conference consisting of six members, three appointed
by the General Assembly and three by the Security Council, may be
formed at any time at the request of either the General Assembly or the
Security Council, for the purpose of choosing by the vote of an
absolute majority one name for each seat still vacant, to submit to the
General Assembly and the Security Council for their respective
2. If the joint conference is unanimously agreed upon any person who
fulfills the required conditions, he may be included in its list, even
though he was not included in the list of nominations referred to in
3. If the joint conference is satisfied that it will not be
successful in procuring an election, those members of the Court who
have already been elected shall, within a period to be fixed by the
Security Council, proceed to fill the vacant seats by selection from
among those candidates who have obtained votes either in the General
Assembly or in the Security Council.
4. In the event of an equality of votes among the judges, the eldest judge shall have a casting vote.
1. The members of the Court shall be elected for nine years and may
be re-elected; provided, however, that of the judges elected at the
first election, the terms of five judges shall expire at the end of
three years and the terms of five more judges shall expire at the end
of six years.
2. The judges whose terms are to expire at the end of the
above-mentioned initial periods of three and six years shall be chosen
by lot to be drawn by the Secretary-General immediately after the first
election has been completed.
3. The members of the Court shall continue to discharge their duties
until their places have been filled. Though replaced, they shall finish
any cases which they may have begun.
4. In the case of the resignation of a member of the Court, the
resignation shall be addressed to the President of the Court for
transmission to the Secretary-General. This last notification makes the
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.
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
1. No member of the Court may exercise any political or
administrative function, or engage in any other occupation of a
2. Any doubt on this point shall be settled by the decision of the Court.
1. No member of the Court may act as agent, counsel, or advocate in any case.
2. No member may participate in the decision of any case in which he
has previously taken part as agent, counsel, or advocate for one of the
parties, or as a member of a national or international court, or of a
commission of enquiry, or in any other capacity.
3. Any doubt on this point shall be settled by the decision of the Court.
1. No member of the Court can be dismissed unless, in the unanimous
opinion of the other members, he has ceased to fulfill the required
2. Formal notification thereof shall be made to the Secretary-General by the Registrar.
3. This notification makes the place vacant.
The members of the Court, when engaged on the business of the Court, shall enjoy diplomatic privileges and immunities.
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.
1. The Court shall elect its President and Vice-President for three years; they may be re-elected.
2. The Court shall appoint its Registrar and may provide for the appointment of such other officers as may be necessary.
1. The seat of the Court shall be established at The Hague. This,
however, shall not prevent the Court from sitting and exercising its
functions elsewhere whenever the Court considers it desirable.
2. The President and the Registrar shall reside at the seat of the Court.
1. The Court shall remain permanently in session, except during the
judicial vacations, the dates and duration of which shall be fixed by
2. Members of the Court are entitled to periodic leave, the dates
and duration of which shall be fixed by the Court, having in mind the
distance between The Hague and the home of each judge.
3. Members of the Court shall be bound, unless they are on leave or
prevented from attending by illness or other serious reasons duly
explained to the President, to hold themselves permanently at the
disposal of the Court.
1. If, for some special reason, a member of the Court considers that
he should not take part in the decision of a particular case, he shall
so inform the President.
2. If the President considers that for some special reason one of
the members of the Court should not sit in a particular case, he shall
give him notice accordingly.
3. If in any such case the member Court and the President disagree, the matter shall be settled by the decision of the Court.
1. The full Court shall sit except when it is expressly provided otherwise in the present Statute.
2. Subject to the condition that the number of judges available to
constitute the Court is not thereby reduced below eleven, the Rules of
the Court may provide for allowing one or more judges, according to
circumstances and in rotation, to be dispensed from sitting.
3. A quorum of nine judges shall suffice to constitute the Court.
1. The Court may from time to time form one or more chambers,
composed of three or more judges as the Court may determine, for
dealing with particular categories of cases; for example, labour cases
and cases relating to transit and communications.
2. The Court may at any time form a chamber for dealing with a
particular case. The number of judges to constitute such a chamber
shall be determined by the Court with the approval of the parties.
3. Cases shall be heard and determined by the chambers provided for in this article if the parties so request.
A judgment given by any of the chambers provided for in Articles 26 and 29 shall be considered as rendered by the Court.
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.
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.
1. The Court shall frame rules for carrying out its functions. In particular, it shall lay down rules of procedure.
2. The Rules of the Court may provide for assessors to sit with the
Court or with any of its chambers, without the right to vote.
1. Judges of the nationality of each of the parties shall retain their right to sit in the case before the Court.
2. If the Court includes upon the Bench a judge of the nationality
of one of the parties, any other party may choose a person to sit as
judge. Such person shall be chosen preferably from among those persons
who have been nominated as candidates as provided in Articles 4 and 5.
3. If the Court includes upon the Bench no judge of the nationality
of the parties, each of these parties may proceed to choose a judge as
provided in paragraph 2 of this Article.
4. The provisions of this Article shall apply to the case of
Articles 26 and 29. In such cases, the President shall request one or,
if necessary, two of the members of the Court forming the chamber to
give place to the members of the Court of the nationality of the
parties concerned, and, failing such, or if they are unable to be
present, to the judges specially chosen by the parties.
5. Should there be several parties in the same interest, they shall,
for the purpose of the preceding provisions, be reckoned as one party
only. Any doubt upon this point shall be settled by the decision of the
6. Judges chosen as laid down in paragraphs 2, 3, and 4 of this
Article shall fulfill the conditions required by Articles 2, 17
(paragraph 2), 20, and 24 of the present Statute. They shall take part
in the decision on terms of complete equality with their colleagues.
1. Each member of the Court shall receive an annual salary.
2. The President shall receive a special annual allowance.
3. The Vice-President shall receive a special allowance for every day on which he acts as President.
4. The judges chosen under Article 31, other than members of the
Court, shall receive compensation for each day on which they exercise
5. These salaries, allowances, and compensation shall be fixed by
the General Assembly. They may not be decreased during the term of
6. The salary of the Registrar shall be fixed by the General Assembly on the proposal of the Court.
7. Regulations made by the General Assembly shall fix the conditions
under which retirement pensions may be given to members of the Court
and to the Registrar, and the conditions under which members of the
Court and the Registrar shall have their travelling expenses refunded.
8. The above salaries, allowances, and compensation shall be free of all taxation.
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
1. Only states may be parties in cases before the Court.
2. The Court, subject to and in conformity with its Rules, may
request of public international organizations information relevant to
cases before it, and shall receive such information presented by such
organizations on their own initiative.
3. Whenever the construction of the constituent instrument of a
public international organization or of an international convention
adopted thereunder is in question in a case before the Court, the
Registrar shall so notify the public international organization
concerned and shall communicate to it copies of all the written
1. The Court shall be open to the states parties to the present Statute.
2. The conditions under which the Court shall be open to other
states shall, subject to the special provisions contained in treaties
in force, be laid down by the Security Council, but in no case shall
such conditions place the parties in a position of inequality before
3. When a state which is not a Member of the United Nations is a
party to a case, the Court shall fix the amount which that party is to
contribute towards the expenses of the Court. This provision shall not
apply if such state is bearing a share of the expenses of the Court
1. The jurisdiction of the Court comprises all cases which the
parties refer to it and all matters specially provided for in the
Charter of the United Nations or in treaties and conventions in force.
2. The states parties to the present Statute may at any time declare
that they recognize as compulsory ipso facto and without special
agreement, in relation to any other state accepting the same
obligation, the jurisdiction of the Court in all legal disputes
a. the interpretation of a treaty;
b. any question of international law;
c. the existence of any fact which, if established, would constitute a breach of an international obligation;
d. the nature or extent of the reparation to be made for the breach of an international obligation.
3. The declarations referred to above may be made unconditionally or
on condition of reciprocity on the part of several or certain states,
or for a certain time.
4. Such declarations shall be deposited with the Secretary-General
of the United Nations, who shall transmit copies thereof to the parties
to the Statute and to the Registrar of the Court.
5. Declarations made under Article 36 of the Statute of the
Permanent Court of International Justice and which are still in force
shall be deemed, as between the parties to the present Statute, to be
acceptances of the compulsory jurisdiction of the International Court
of Justice for the period which they still have to run and in
accordance with their terms.
6. In the event of a dispute as to whether the Court has
jurisdiction, the matter shall be settled by the decision of the Court.
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.
1. The Court, whose function is to decide in accordance with
international law such disputes as are submitted to it, shall apply:
a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;
b. international custom, as evidence of a general practice accepted as law;
c. the general principles of law recognized by civilized nations;
subject to the provisions of Article 59, judicial decisions and the
teachings of the most highly qualified publicists of the various
nations, as subsidiary means for the determination of rules of law.
2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto.
CHAPTER III - PROCEDURE
1. The official languages of the Court shall be French and English.
If the parties agree that the case shall be conducted in French, the
judgment shall be delivered in French. If the parties agree that the
case shall be conducted in English, the judgment shall be delivered in
2. In the absence of an agreement as to which language shall be
employed, each party may, in the pleadings, use the language which it
prefers; the decision of the Court shall be given in French and
English. In this case the Court shall at the same time determine which
of the two texts shall be considered as authoritative.
3. The Court shall, at the request of any party, authorize a language other than French or English to be used by that party.
1. Cases are brought before the Court, as the case may be, either by
the notification of the special agreement or by a written application
addressed to the Registrar. In either case the subject of the dispute
and the parties shall be indicated.
2. The Registrar shall forthwith communicate the application to all concerned.
3. He shall also notify the Members of the United Nations through
the Secretary-General, and also any other states entitled to appear
before the Court.
1. The Court shall have the power to indicate, if it considers that
circumstances so require, any provisional measures which ought to be
taken to preserve the respective rights of either party.
2. Pending the final decision, notice of the measures suggested
shall forthwith be given to the parties and to the Security Council.
1. The parties shall be represented by agents.
2. They may have the assistance of counsel or advocates before the Court.
3. The agents, counsel, and advocates of parties before the Court
shall enjoy the privileges and immunities necessary to the independent
exercise of their duties.
1. The procedure shall consist of two parts: written and oral.
2. The written proceedings shall consist of the communication to the
Court and to the parties of memorials, counter-memorials and, if
necessary, replies; also all papers and documents in support.
3. These communications shall be made through the Registrar, in the order and within the time fixed by the Court.
4. A certified copy of every document produced by one party shall be communicated to the other party.
5. The oral proceedings shall consist of the hearing by the Court of witnesses, experts, agents, counsel, and advocates.
1. For the service of all notices upon persons other than the
agents, counsel, and advocates, the Court shall apply direct to the
government of the state upon whose territory the notice has to be
2. The same provision shall apply whenever steps are to be taken to procure evidence on the spot.
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.
The hearing in Court shall be public, unless the Court shall decide
otherwise, or unless the parties demand that the public be not admitted
1. Minutes shall be made at each hearing and signed by the Registrar and the President.
2. These minutes alone shall be authentic.
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
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.
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.
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.
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
1. Whenever one of the parties does not appear before the Court, or
fails to defend its case, the other party may call upon the Court to
decide in favour of its claim.
2. The Court must, before doing so, satisfy itself, not only that it
has jurisdiction in accordance with Articles 36 and 37, but also that
the claim is well founded in fact and law.
1. When, subject to the control of the Court, the agents, counsel,
and advocates have completed their presentation of the case, the
President shall declare the hearing closed.
2. The Court shall withdraw to consider the judgment.
3. The deliberations of the Court shall take place in private and remain secret.
1. All questions shall be decided by a majority of the judges present.
2. In the event of an equality of votes, the President or the judge who acts in his place shall have a casting vote.
1. The judgment shall state the reasons on which it is based.
2. It shall contain the names of the judges who have taken part in the decision.
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
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
The decision of the Court has no binding force except between the parties and in respect of that particular case.
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.
1. An application for revision of a judgment may be made only when
it is based upon the discovery of some fact of such a nature as to be a
decisive factor, which fact was, when the judgment was given, unknown
to the Court and also to the party claiming revision, always provided
that such ignorance was not due to negligence.
2. The proceedings for revision shall be opened by a judgment of the
Court expressly recording the existence of the new fact, recognizing
that it has such a character as to lay the case open to revision, and
declaring the application admissible on this ground.
3. The Court may require previous compliance with the terms of the judgment before it admits proceedings in revision.
4. The application for revision must be made at latest within six months of the discovery of the new fact.
5. No application for revision may be made after the lapse of ten years from the date of the judgment.
l. Should a state consider that it has an interest of a legal nature
which may be affected by the decision in the case, it may submit a
request to the Court to be permitted to intervene.
2 It shall be for the Court to decide upon this request.
1. Whenever the construction of a convention to which states other
than those concerned in the case are parties is in question, the
Registrar shall notify all such states forthwith.
2. Every state so notified has the right to intervene in the
proceedings; but if it uses this right, the construction given by the
judgment will be equally binding upon it.
Unless otherwise decided by the Court, each party shall bear its own costs.
CHAPTER IV - ADVISORY OPINIONS
1. The Court may give an advisory opinion on any legal question at
the request of whatever body may be authorized by or in accordance with
the Charter of the United Nations to make such a request.
2. Questions upon which the advisory opinion of the Court is asked
shall be laid before the Court by means of a written request containing
an exact statement of the question upon which an opinion is required,
and accompanied by all documents likely to throw light upon the
1. The Registrar shall forthwith give notice of the request for an
advisory opinion to all states entitled to appear before the Court.
2. The Registrar shall also, by means of a special and direct
communication, notify any state entitled to appear before the Court or
international organization considered by the Court, or, should it not
be sitting, by the President, as likely to be able to furnish
information on the question, that the Court will be prepared to
receive, within a time-limit to be fixed by the President, written
statements, or to hear, at a public sitting to be held for the purpose,
oral statements relating to the question.
3. Should any such state entitled to appear before the Court have
failed to receive the special communication referred to in paragraph 2
of this Article, such state may express a desire to submit a written
statement or to be heard; and the Court will decide.
4. States and organizations having presented written or oral
statements or both shall be permitted to comment on the statements made
by other states or organizations in the form, to the extent, and within
the time-limits which the Court, or, should it not be sitting, the
President, shall decide in each particular case. Accordingly, the
Registrar shall in due time communicate any such written statements to
states and organizations having submitted similar statements.
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.
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
CHAPTER V - AMENDMENT
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.
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.