1) Introduction -
International Court of Justice - The International Court of Justice is an organ of the United Nations. Article 92 of the Charter specifically provides that the International Court of Justice shall be the principle of judicial organ of the United Nations which shall function in accordance with the Annexed Statute, which is based upon the Statue of the Permanent Court of International Justice Any state which is not a member of the United Nations may also become a party of the Statute of International Court of Justice on the Recommendation of Security Council and on the condition laid down by the General Assembly.
See in Detail..... The International Court of Justice (ICJ)
2) Jurisdiction of International Court of Justice -
The jurisdiction of the International Court of Justice can be divided into three categories are as follows -
(i) Voluntary jurisdiction -
Article 36 of the Statute (International Court of Justice) provides that its jurisdiction comprises all cases which the parties referred to the court (by agreement). The agreement to refer the dispute may be made by both the parties or one of the party only may refer the matter to the court and the other party may signify his assent to the reference. In voluntary jurisdiction, the consent is given before the concurrence of the dispute.
(ii) Ad hoc Jurisdiction
When the disputant parties themselves refer the dispute to the Court, there is no question about the Curts rights to take up the case. This jurisdiction of the Court is known as ad hoc jurisdiction, as in such cases parties give their consent after the concurrence of the dispute by the notification of a special agreement concluded for that purpose by the two States.
(iii) Compulsory Jurisdiction
Article 36 para 2 Statute provides that 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 concerning:
(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.
The Court has compulsory or obligatory jurisdiction where the parties concerned are bound by a treaty or convention under which they agreed to refer the matter to a tribunal to have been instituted by the League of Nations or to the Permanent Court of International Justice and by virtue of Article 37 of the Statute, such matters are automatically referred to the International Court of Justice.
(iv) Advisory jurisdiction -
Article 65 of the Statute 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 or in the General Assembly may request to the Court to give an advisory opinion. to make such a request. 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 question. In addition to them, other organs of the United Nations and the specialized agency may also request for an advisory opinion. International Court of Justice (ICJ) has discretionary power to give advisory opinion.
Codification of International Law