Statute of the International Court of Justice

The Statute of the International Court of Justice is an integral part of the United Nations Charter, as specified by Chapter XIV of the United Nations Charter, which established the International Court of Justice.

STATUTE OF THE INTERNATIONAL COURT OF JUSTICE
Original
signatories
San Francisco
Signatories50 states
Parties193 states
Languages Chinese, French, Russian, English, Spanish

Structure

The Statute is divided into 5 chapters and consists of 70 articles. The Statute begins with Article 1 proclaiming:

"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."

The 69 Articles are grouped in 5 Chapters:

  • 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 & 70)

Under Article 38.2, the court is allowed to decide a case ex aequo et bono if the parties agree thereto.

Parties to the Statute

  Parties upon becoming a UN member
  Parties prior to joining the UN under Article 93
  UN observer states which are not parties

All 193 UN member states are parties to the Statute by virtue of their ratification of the UN Charter. Under Article 93(2) of the UN Charter, states which are not a member of the UN may become a party to the Statute, subject to the recommendation of the United Nations Security Council and approval of the UNGA. As of 2015, neither of the UN observer states, Palestine and the Vatican City, nor any other state are parties to the statute under these provisions. Switzerland (1948-2002), Liechtenstein (1950-1990), San Marino (1954-1992), Japan (1954-1956), and Nauru (1988-1999) were all parties to the Statute prior to becoming UN member states.[1][2]

References

  1. "Chapter I - Charter of the United Nations and Statute of the International Court of Justice: 3 . Statute of the International Court of Justice". United Nations Treaty Series. 2013-07-09. Retrieved 2013-07-09.
  2. Search here for "Art 93" to find a series of documents that list every non-UN member that became a party to the ICJ Statute.
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.