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Test Prep Courses / GACE Political Science (532) Study Guide and Test Prep
Course
INTERNATIONAL COURT OF JUSTICE | ROLES, HISTORY & COMPOSITION
* Lesson
* Transcript
Jason Berteotti, Kevin Newton
* Author
Jason Berteotti
Jason has taught college level economics for over one year. They have a
Bachelors of Science in Economics from Pennsylvania State University and a
Minor in Political Science.
View bio
* Instructor
Kevin Newton
Kevin has edited encyclopedias, taught history, and has an MA in Islamic
law/finance.
View bio
Learn about the International Court of Justice. Understand the composition,
jurisdiction, and purpose of the World Court. Explore cases involving the United
States. Updated: 11/21/2023
TABLE OF CONTENTS
* What is the International Court of Justice?
* History of the World Court
* Composition of the International Court of Justice
* How Does the World Court Operate?
* Examples of United States' World Court Cases
* Lesson Summary
Show
Frequently Asked Questions
WHAT IS KNOWN AS THE WORLD COURT?
The International Court of Justice (ICJ) is also known as the World Court. It is
known as La Cour Internationale de Justice (CIJ) in French.
WHAT DOES THE WORLD COURT DO?
The World Court is charged with handling contentious disputes filed by States
according to international law. Additionally, the Court provides advisory
opinions to other UN organs and agencies.
HOW MANY COUNTRIES ARE IN THE WORLD COURT?
All 193 members of the United Nations are parties to the World Court.
Importantly, this does not grant jurisdiction to the court.
Start now
TABLE OF CONTENTS
* What is the International Court of Justice?
* History of the World Court
* Composition of the International Court of Justice
* How Does the World Court Operate?
* Examples of United States' World Court Cases
* Lesson Summary
Show
WHAT IS THE INTERNATIONAL COURT OF JUSTICE?
The International Court of Justice (ICJ), also called the World Court or Cour
internationale de Justice (CIJ), was founded in 1946 as one of six primary
organs of the United Nations. The purpose of the World Court is to settle
disputes between nations as a permanent international common law court of
justice. It is the principle source of international law and has considered over
170 cases since its founding in 1946. It also issues judgments and advisory
opinions for UN organizations.
The World Court handles a wide range of issues such as diplomatic, economic, and
mobility disputes. It serves alongside the International Criminal Court (ICC)
which handles war crimes and various crimes against humanity, such as genocide.
Individual tribunals may also be created by the UN to handle issues relating to
the ICC, while special chambers of the ICJ may be formed to handle specific
cases. The seat of the court is in The Hague, Netherlands.
INTERNATIONAL COURT ROLES
According to the UN charter, the role of the World Court is to be the UN's
principal judiciary organ. The primary role of the court is to handle
contentious cases. States which are party to the Court may bring a dispute to
the Court as long as the concerned States have accepted the Court's
jurisdiction. Only States may bring such disputes to the Court. If an individual
or business within a partied State has a claim, a Member State must file the
dispute on their behalf.
Each of the 193 Member States of the UN is automatically party to the ICJ.
States who are not Member States may also become parties to the ICJ if they are
recommended by the Security Council and are voted in by the General Assembly.
Being a party to the court does not grant jurisdiction, however; Article 95 of
the Charter grants that each Member may also resolve disputes through other
tribunals. The General Assembly, Security Council, and other organs and agencies
of the UN are also able to seek advisory opinions from the Court.
Advisory proceedings can be brought to the court by the other five organs of the
UN or by any of the 16 agencies that fall under the UN. In these cases, a legal
question is brought before the court by the organ or agency to receive the
Court's advice relating to international law. Only questions relating to the
organ or agency's scope of activities may be brought before the court.
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* 0:00 A Court of Nations
* 0:59 Composition of the ICJ
* 2:01 Who Has Standing?
* 2:37 Limitations of the ICJ
* 3:28 Cases Involving the US
* 4:35 Lesson Summary
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HISTORY OF THE WORLD COURT
The International Court of Justice was preceded by the Permanent Court of
International Justice (PCIJ). The PCIJ was formed by the Covenant of the League
of Nations after World War I. It was responsible for settling international
disputes between parties and providing advisory opinions on questions or
disputes sourced from the League of Nations. The PCIJ was formed in 1920 and was
ratified by a majority of League members in 1921. It was located at the Peace
Palace in The Hague with the Permanent Court of Arbitration. The first session
of the PCIJ took place in 1922. It was disbanded in 1946.
The ICJ was conceived at the Dumbarton Oaks Conference in Washington D.C.
between August 21st and October 7th of 1944. The conference was led by the US,
UK, USSR, and the Republic of China to reestablish an international court under
a greater international organization. This new court was to be built on the PCIJ
with an added advisory function, voluntary membership. It would not deal with
political matters.
The ICJ was created with the establishment of the UN Charter in 1945. It
officially became active after its predecessor, the PCIJ, was disbanded. The ICJ
heard its first case in 1947.
COMPOSITION OF THE INTERNATIONAL COURT OF JUSTICE
The ICJ is composed of 15 permanently seated judges. No two judges may be from
the same State, resulting in permanent judges from 15 different nations. During
a given case, there may be up to 17 judges representing 17 individual States.
The judges are intended to represent the principal legal systems in existence,
which has meant common law, civil law, and socialist law.
Informally, the seats are split between geographic regions. This is distributed
as Western, African, Eastern European, Asian, and Latin/Caribbean States.
Additionally, the five permanent members of the Security Council have each held
a seat on the court at nearly any given time in the history of the Court.
COUNTRIES REPRESENTED IN THE WORLD COURT
As of 2023, the following States are represented within the World Court by the
following judges:
Judge Country Represented President Joan E. Donoghue United States of America
Vice-President Kirill Gevorgian Russian Federation Judge Peter Tomka Slovakia
Judge Ronny Abraham France Judge Mohamed Bennouna Morocco Judge Abdulqawi Ahmed
Yusuf Somalia Judge Xue Hanqin China Judge Julia Sebutinde Uganda Judge Dalveer
Bhandari India Judge Patrick Lipton Robinson Jamaica Judge Nawaf Salam Lebanon
Judge Iwasawa Yuji Japan Judge Georg Nolte Germany Judge Hilary Charlesworth
Australia Judge Leonardo Nemer Caldeira Brant Brazil
THE WORLD COURT JUDGES
The ICJ is comprised of 15 judges who serve 9-year terms. These judges are
appointed by the UN General Assembly and the Security Council. Election requires
an absolute majority of votes taken within each body, often necessitating
multiple rounds of voting. Elections are timed so that one-third of the court is
elected every three years in order to maintain continuity. Elections are held
during annual autumn sessions of the GA in New York and elected judges are
seated on the 6th of February of the following year. Following seating, secret
ballot elections are held to elect a President and Vice-President of the court
for the following three years.
Each State may only have one national seated on the court. That judge is not a
delegate of any State while seated. As a mechanism to ensure the independence of
the judges, no member of the court can be dismissed except by a unanimous
opinion of the other members.
If a State which is a party to a case does not have a judge of its own
nationality in the court, an ad hoc judge may be appointed to the court for the
given case. The judge does not need to be a national of the State choosing them.
If this is done by both parties to a case, the court may have 17 seated judges.
THE UNITED NATIONS SECURITY COUNCIL
As per Article 94 of the UN Charter, each Member State must comply with ICJ
decisions in any case in which they are a party. If that State fails to adhere
to the Court's judgment, the other party may seek assistance from the Security
Council. The Security Council may then take action regarding the case, including
through measures under Chapter VII of the Charter. However, chapter VII actions
may only be utilized to ensure international peace and security. This would
allow the UN to restore peace and security through the use of armed UN
Peacekeepers. As of 2023, no such action has been taken in the history of the
ICJ.
HOW DOES THE WORLD COURT OPERATE?
The rules of the World Court were codified in the Rules of Court in 1978.
Procedures for the court are established in Chapter III of the Statute of the
Court of Justice.
* Article 38 of the Rules states that the filing State addresses the complaint
to the Registrar, as per Article 40 of the Statute. The State making the
complaint names the alleged offending state and the subject of the complaint
as well as the legal grounds for the complaint. Facts must be provided to
evidence the claim. The claim is then sent to the opposing party, who may or
may not accept the jurisdiction of the Court.
* Once jurisdiction is agreed upon, the applicant files a written Memorial and
the respondent files a Counter-Memorial. The Memorial contains a statement of
law, facts related to the case, and any other submissions. The
Counter-Memorial admits to or denies the facts of the Memorial. If necessary,
it will provide additional facts or observations on the law stated in the
Memorial. It may also contain any other submissions and a statement of law
answering the Memorial. The pleadings may then include a Reply and Rejoinder
to be filed, as needed by the Court.
* Oral proceedings follow the written proceedings, which begin the hearing.
Oral arguments can only refer to submissions provided in the written
proceedings. These proceedings are public unless demanded to be private by
the parties. An amendment applied in 2020 allows the court to hold hearings
through video link due to health, security, or other compelling concerns.
* As per Article 79 of the Rules, the court may consider questions of
jurisdiction or admissibility separate from the case. The respondent may file
a preliminary objection on either of those grounds if this is not done. The
Court will then issue a judgment to proceed or to dispose of the case.
* The Court may also consider counter-claims under Article 80 of the Rules.
Such a claim would be made in the Counter-Memorial.
* Article 81 of the Rules provides for third-party States to apply to
intervene. Such a state must have a claim of interest in the case. The Court
may then decide to accept or decline the intervention. If granted, the
intervening State may submit observations to the Court.
* A discontinuance may be filed according to provisions in Article 88 of the
Rules. For it to be granted, both parties must notify the Court that they
have agreed to end the proceedings. This may be done at any time, at which
point the case will be removed from the Court.
* Judgments are delivered to the parties after the judges have deliberated on
the case. Parties may then request interpretation to address disputes of
meaning or scope. Revisions may be requested, in which additional proceedings
will ensue if accepted by the judges. The parties may also propose
modifications; this must be filed jointly.
The Court does not allow for appeals and there is no higher court to appeal to.
The permanent members of the Security Council are permitted to veto the case, as
the ICJ does not enjoy a separation of powers. The Security Council is also
responsible for enforcing rulings from the Court, as the Court does not have its
own binding force.
EXAMPLES OF UNITED STATES' WORLD COURT CASES
The US has been party to 25 contentious cases in the World Court. Two important
cases have been the United States Diplomatic Consular Staff in Tehran (United
States of America v. Iran) and Military and Paramilitary Activities in and
against Nicaragua (Nicaragua v. United States of America).
UNITED STATES OF AMERICA V. IRAN
In the case of the US suing Iran, the US filed an application against Iran in
1979 over Iranian militants who had captured and held diplomatic and consular
staff hostage. The Court ruled in 1980 that Iran violated conventions relating
to the inviolability of envoys and embassies. The Court ordered the return of
the Embassy to the US and the release of the hostages. The Court ruled that Iran
could not have been held accountable for the initial conduct of the militants,
though they did nothing to stop this conduct as of the ruling in May of 1980. It
also found that particular organs of Iran had endorsed and aided the
perpetuation of the acts.
The judgment was given even though Iran was absent and had sent two
communications stating that the court should not hear the case. The case was
granted discontinuance and was removed in May of 1981.
NICARAGUA V. UNITED STATES OF AMERICA
The case of Nicaragua v. United States of America was filed in April of 1984
along with a request for provisional measures to be taken. The case concerned a
dispute over military and paramilitary activities occurring in and against
Nicaragua. In May of 1984, the Court ordered provisional measures, including
requiring the US to cease and desist any action preventing access to ports in
Nicaragua and the use of mines. The Court's order also indicated Nicaragua's
right to sovereignty and political independence, which are fundamental values of
the UN. El Salvador filed a declaration of intervention but was found to be
inadmissible.
Hearings proceeded in October of 1984 and the application was deemed valid in a
judgment on admissibility given in November. Further proceedings took place
without the US being present and the US announced in January 1985 that it would
not participate in the case any further.
A judgment was issued in June of 1986 on the merits of the case. It rejected the
US justification of collective self-defense and ruled that the US was in
multiple violations of customary international law and of a bilateral treaty
with Nicaragua. The US was ordered to cease and refrain from all violating
activities and to make reparation to Nicaragua regarding the treaty violation.
The US further refused to take part in the case regarding the form and
reparation. This case was filed in March of 1988. Nicaragua filed a
discontinuance in September of 1991 to which the US agreed, thus removing the
case from the Court.
LESSON SUMMARY
The International Court of Justice, or World Court, serves as one of the six
primary organs of the United Nations. The court's role is to handle contentious
cases between States and provide advisory rulings to the other UN organs and
agencies. The ICJ does not have a full separation of power from the UN and
possesses no binding force in its rulings. This means that permanent members of
the Security Council may veto rulings and that the Security Council must enforce
the rulings. The court consists of 15 permanent judges but may have up to 17 in
the case of ad hoc judges being appointed. Current judges (as of 2023) originate
from the US, Russia, Slovakia, France, Morocco, Somalia, China, Uganda, India,
Jamaica, Lebanon, Japan, Germany, Australia, and Brazil.
Over 180 contentious cases have been heard by the World Court. One noteworthy
case is United States of America v. Iran in 1980, in which the US applied to the
court over hostages taken and held in Tehran. Iran refused to participate and
was absent from the hearing. The court ruled in favor of the US and ordered the
release of hostages and the return of the US Embassy. Another case is Nicaragua
v. United States of America in 1986. Nicaragua applied to the court for relief
from military and paramilitary action against them by the US. The Court ruled in
favor of the US on grounds that the actions of the US violated Nicaragua's
sovereignty. The US largely refused to participate in the hearings on merit and
reparation, following only parts of the Court's rulings.
VIDEO TRANSCRIPT
A COURT OF NATIONS
In our society, when you have been seriously wronged by a person or an
organization, you have the opportunity to challenge their actions in a court of
law. In fact, the threat of a lawsuit is often enough to cause many to
second-guess their actions. However, while lawsuits are useful for people and
groups, they are of little use between the governments of different countries.
For centuries, nations had no such legal recourse when faced with injustice from
another country. They could declare war, stop trade, or simply endure the abuse.
Following the end of the Second World War, however, there was a real desire
among nations to limit future conflicts. Recognizing that all countries were
equal, the framers of the United Nations felt that a better choice for
disagreeing countries, at least compared to war, was the chance to sue one
another. As a result, the International Court of Justice was formed to settle
lawsuits between countries.
COMPOSITION OF THE ICJ
Centered in The Hague, a city in the Netherlands, the International Court of
Justice, or the ICJ, is made up of 15 judges who serve staggered nine-year
terms. Every three years a new group of five judges is voted in by the UN
General Assembly and the UN Security Council. There are no official rules
governing which countries the judges come from, but each of the five permanent
members of the UN Security Council - the United States, Russia, United Kingdom,
France, and China - have always had a citizen as a judge sitting on the court,
and the rest of the judges will come from a variety of the world's regions.
Also, if a country lacks a judge on the bench and is part of a lawsuit with
another country, it may send a citizen to act as a judge in addition to the 15
already there. In cases where neither party in a case has a national acting as a
judge, each can send a judge. This means that there can be as many as 17 judges
hearing a case, and as you'd imagine, any special judges sent especially for the
case tend to vote with their home country.
WHO HAS STANDING?
If you ever look at any of the more than 130 cases that the International Court
of Justice has tried, it looks more like a list of international soccer matches.
This is because only countries can sue other countries in this court - an
individual person or business cannot be a party to any case. The court was, in
this way, envisioned to sort out differences of opinion on resource use, land
rights, and water access. However, nations can sue other nations on behalf of a
company or individual if it is viewed as the most expedient diplomatic means to
a solution.
LIMITATIONS
The fact that only states can be party to any action in the International Court
of Justice is a substantial barrier and part of the reason that it has only
heard a few dozen cases in its several decades of existence. However, other
barriers exist, too. Since there is no international police force or
international prison for countries, states essentially have to agree to comply
with whatever decision is reached by the court. If they fail to comply, the
issue of non-compliance is referred to the UN Security Council. As you may have
heard, the UN Security Council is far from a fair organization. The five
permanent members have veto powers, and they regularly use such power to protect
themselves and their allies. As a result, some people feel that the
International Court of Justice has little authority to mandate that its rulings
are carried out.
CASES INVOLVING THE UNITED STATES
As you might expect from a country that is as large, powerful, and rich as the
United States, it has often found itself embroiled in controversy at the courts.
Two of the most memorable cases show the United States as the plaintiff in one
case and the defendant in another. In 1980, the United States sued Iran over the
detention of hostages taken from the American Embassy in Tehran. The Iranians
argued that the United States had violated earlier international law by causing
corruption in Iran. However, the International Court of Justice demanded that
Iran release the hostages. Ultimately, the hostages were released in early 1981.
Additionally, Nicaragua sued the United States in 1986, for frequently working
to violate Nicaraguan sovereignty over the past several decades. Interestingly,
the United States' defense was largely one of stating that the court had no
authority over the issue. When the United States was ultimately ruled to have
violated the sovereignty of Nicaragua, the United States decided that it would
only accept certain rulings from the court.
LESSON SUMMARY
Formed as a method to prevent conflicts between states from erupting into war,
the International Court of Justice is composed of 15 judges from around the
world. Only countries can sue other countries, although a country can sue
another country on behalf of an individual or a company. However, since the five
permanent members of the UN Security Council all have veto power, and the ICJ
passes all resolved cases to the Security Council for enforcement, there is a
real lack of ability of the court to enforce its rulings. This is evidenced by
the actions of the United States, which has said that it only accepts certain
rulings from the court.
INTERNATIONAL COURT OF JUSTICE OVERVIEW
International Court of Justice
Topics Explanations International Court of Justice formed to settle lawsuits
between countries The Hague city in the Netherlands where the court is housed
Five permanent members from the UN Security Council - the United States, Russia,
United Kingdom, France, and China - have always had a citizen as a judge sitting
on the court, and the rest of the judges will come from a variety of the world's
regions Limitations no international police force or prison, all participants
must agree to abide by final decision
LEARNING OUTCOMES
When this lesson ends, you should feel good about your ability to:
* Describe the International Court of Justice
* Name the court's location
* Explain some of the standout cases heard by the court
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GACE Political Science (532) Study Guide and Test Prep
26 chapters | 290 lessons
Ch 1. About the GACE Test
Ch 2. Political Science Concepts
Ch 3. Political Thought
Ch 4. Major Political Thinkers
Ch 5. Development of the U.S. Political...
Ch 6. The U.S. Constitution
Ch 7. The U.S Legislative Branch
Ch 8. The U.S. Executive Branch
Ch 9. The U.S. Judicial Branch
Ch 10. GACE Political Science: U.S....
Ch 11. Federal Government & the Economy
Ch 12. Georgia State Government
Ch 13. Political Parties & Elections
Ch 14. Media & Culture in U.S. Politics
Ch 15. American Federalism
Ch 16. Rights & Responsibilities of U.S....
Ch 17. Interest Groups & Lobbying
Ch 18. Crime & Criminal Justice in the...
Ch 19. U.S. Foreign Policy
Ch 20. Various Government Structures
Ch 21. Local Geography & Politics
Ch 22. International Relations
Ch 23. Actors in International...
Ch 24. International Law & Politics
* Sources of International Law 6:33
* International Court of Justice | Roles, History & Composition 5:16
* 4:01
Next Lesson
International Conventions & World Politics
* International Protocols in Global Politics 3:41
* Treaties Under Article II of the U.S. Constitution 5:19
Ch 25. Global Issues in International...
Ch 26. GACE Political Science...
INTERNATIONAL COURT OF JUSTICE | ROLES, HISTORY & COMPOSITION RELATED STUDY
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