The UN International Court of Justice, in accordance with paragraph 1 of Art. 7 of the Charter of the organization, acts as one of the main bodies authorized to consider world disputes. This authority operates on an ongoing basis.
International Law: International Court of Justice
In paragraph 1 of Art. 33 of this document provides a list of means of resolving conflicts between states. One of them is a trial in court. The institute in question was established in 1945. Statute of the court, together with Ch. 14 of the UN Charter, were developed at conferences in San Francisco and Dumbarton Oaks. They were held in 1945 and 1944, respectively. All UN members also act as participants in the Statute of the Court. States that are not members of the organization can become them on the conditions established by the General. Assembly on the recommendation of the Security Council. The Security Council establishes the procedure in accordance with which each individual case is examined in the International Court of Justice.
Composition
The UN International Court of Justice includes 15 people. They form an independent board. Instance members are selected regardless of nationality. They must have high moral qualities, satisfy the requirements that are set in their states for candidates for higher judicial positions. Members of the body may also be lawyers with recognized international authority. Candidates for the International Court of Justice in each country are nominated by “national groups”. They include members of the Permanent Court of Arbitration.
If any state does not participate in it, then a special national group is formed. The final composition is approved by the Security Council and the General Assembly from among the candidates included in the list on the proposal of these groups. The International Court of Justice elects a chairman and vice president. Their term of office is three years. They can be re-elected for the next term. Voting is carried out secretly by the principle of an absolute majority. If the President acts as one of the parties to the dispute before the International Court of Justice, he must relinquish his seat. A similar rule applies to the vice chairman.
Secretary
He is also elected by an absolute majority. The term of office is 7 years. The secretary may also be re-elected. A similar procedure applies to his deputy. The work of the secretary is carried out in the following areas:
- Trial. It consists in the selection of various precedents, contractual, regulatory texts, opinions of competent lawyers.
- Diplomatic. The authority of the secretariat includes sending various communications on behalf of the International Court of Justice.
- Financial and administrative. The secretariat carries out work related to the decisions of personnel issues, the preparation of the budget, premises, etc.
- Linguistic. The secretariat is responsible for editing and translating documents.
Ad hoc
The activities of the International Court of Justice in relation to certain disputes may be carried out not only by the selected 15 members. In certain conflicts, so-called ad hoc persons may also participate. They are judges who are elected under Art. 31 of the Statute of the choice of the party to the dispute, if it is not represented at the hearing. If the collegium includes a person who is a citizen of one of the parties to the conflict, the other may choose to attend the meeting a person of his own choice.Such judges do not act as permanent members. They are only involved in specific disputes. Along with this, in the process of reviewing materials, they have equal rights with other elected members of the board. The International Court of Justice may also invite assessors to participate in the hearing. Unlike ad hoc individuals, they do not have the right to vote and are chosen by the board itself, and not by the parties.
Procedure
Instance is located in The Hague. However, its location does not create obstacles to the performance of its tasks in any other place. According to paragraph 1 of Art. 23 of the Statute, the body acts constantly, except for vacations (vacations), the duration and terms of which are determined by the Court itself. The members of the collegium must be at the disposal of the court at any time, except for periods of vacation, sick leave or absence for other serious reasons. Meetings are held in full collegium, with the exception of cases expressly established by the Statute. A quorum of 9 judges is sufficient to form a presence. According to paragraph 1 of Art. 30 of the Statute, the board draws up the rules. It determines the order in which the authority implements its functions, establishes the rules of legal proceedings. Meetings are conducted in English or French. In this case, each side of the dispute is allowed to use a different language, translating documents and speeches into one of the official ones.
Stages
As a rule, a trial proceeds in two stages: written and oral. The first stage can last up to several months. This is due to the fact that each side must provide written explanations of memoranda. Usually, to start a case, an agreement of two countries is transferred to the Court - the so-called compromise on consideration. The state may assume the obligation to submit to the competence of the board. In this case, a unilateral claim is filed with the International Court of Justice from the other party. Oral dispute resolution begins when all materials have been studied and preparations have been made for the hearing. This stage usually lasts several days. In some cases, it can last 2-3 weeks. The performance of the parties is carried out through their representatives. Participants in the proceedings may use the assistance of lawyers and attorneys. After the oral proceedings, a closed meeting begins.
Decisions of the International Court of Justice
After the completion of the oral stage of the proceedings, the panel is removed to a private meeting. Decisions of the International Court of Justice are taken by a simple majority. If an equal number of votes is formed during the act, the opinion of the Chair will be decisive. According to Art. 57 of the Statute, each member of the board may submit a separate opinion if he does not agree with part of the ruling of the International Court of Justice or with him as a whole. In paragraph 2 of Art. 74 restrictions are set for authorized persons. In particular, judges are entitled to either only state their disagreement, or submit their opinion, objecting to motives or a decision in general. In the latter case, opinion is called special, in the first - individual. According to the practice of the Permanent Chamber, they must be submitted before the second reading of the draft resolution. This is necessary so that the opinions and the project itself are sent simultaneously for publication. Recognition of the jurisdiction of the International Court of Justice is not the duty of States. However, if it was adopted at the official level, the acts issued by the board are binding on the territory of such countries.
Appeal and implementation
The decision of the Court is final - it cannot be challenged. The parties are entitled to only appeal to the court for interpretation of the act or review due to discovered circumstances, if the latter were not known when considering the dispute. P. 2, Art. 94 provides a method for enforcing a decision.If one of the participants does not fulfill the obligations laid down in accordance with the act issued, the other party may apply to the Security Council. The Security Council, if necessary, has the right to make recommendations or take coercive measures.
Collegiate Competence
The jurisdiction of the International Courts is defined in chap. 2 and chap. 4 of the Statute. Competence applies only to interstate disputes. The court does not have the right to consider conflicts that arose between a private individual and a country or two citizens. Along with this, proceedings may only be carried out with the consent of all parties. It follows that the jurisdiction of the Court is optional for States, and not mandatory. The relevant competency clause was enshrined at a conference in San Francisco. Optional jurisdiction is expressed in the fact that under paragraph 1 of Art. 36 of the Statute, the board may include disputes that are referred to it by the parties.
Mandatory competency
Countries participating in the Statute may recognize it in specific cases. The document provides several options for the adoption of mandatory competencies. For example, the state has the right to make a statement or become a party to a bilateral agreement, in the conditions of which there are relevant provisions on the jurisdiction of the International Court of Justice. The latter, in particular, include treaties on peace, cooperation, joint use of natural resources, delimitation of the sea space, etc.
Practice reservations
It is applied quite widely and in some cases significantly narrows the limits of distribution of the mandatory jurisdiction of the Court. In legal publications, as a rule, 4 types of reservations are distinguished. At their core, they act as norms of international law. These include reservations:
- For situations that occurred prior to the adoption of the statement.
- On the jurisdiction of issues within the domestic competence.
- On the conditions of reciprocity.
- On the partial exclusion from compulsory jurisdiction of disputes relating to the implementation and interpretation of multilateral conventions.
Additional classification
Other reservations can be divided into 5 types. The most popular are those that include recognition of the mandatory competence of the Court to disputes, the resolution of which the participants agree or have agreed to use other means of peaceful settlement. Such reservations are included in the text of most countries. It should be said that the provision on the use of other methods of dispute settlement is of great importance. It limits the scope of compulsory competence to only those issues in respect of which there is no agreement on the use of other peaceful means. This provision introduces the limits of subsidiarity, complementarity of the jurisdiction of the Court.
A sufficiently important group of conflict relations is excluded from the competence of the collegium with reservations related to events related to military occupation, war, military operations, and other armed acts. To a certain extent, mediated by an international agreement is considered the provision included in the statement of the member countries of the British Commonwealth on non-compliance with the disputes that arise between them, the jurisdiction of the Court. Some reservations limit the panel's competence in specific disputes or conflicts with certain states. So, for example, Guatemala in its statement indicated that its proceedings with Great Britain on Belize are beyond jurisdiction and can be considered in the International Court of Justice solely on the basis of justice.
Conclusion
In addition to the declarations of States, the jurisdiction of the Court is provided for in various conventions. These documents govern some of the special areas of interstate relations. In such conventions, the rules and conditions under which countries can refer cases to the International Court of Justice are usually quite rigidly fixed.All this suggests that despite the relatively low degree of recognition of the mandatory competence of the board, it is still endowed in some cases with fairly broad powers.
One of the generally accepted provisions is the requirement for the plaintiff to justify the jurisdiction of the Court in considering the merits of this conflict. In addition, it is the applicant who is required to prove the fact of the existence of the dispute and its legal nature. In case of violation of this requirement, the claimed claim becomes pointless. Accordingly, the jurisdiction of the Court cannot be applied. In addition to direct functions, the board also performs advisory. The court provides clarification on any legal issues at the request of any organization or institution that is authorized to send them.