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International Court of Justice


 

The International Court of Justice (known colloquially as the World Court or ICJ) is the principal judicial organ of the United Nations. Established in 1946, its main functions are to settle disputes submitted to it by states and to give advisory opinions on legal questions submitted to it by the General Assembly or Security Council, or by such specialized agencies as may be authorized to do so by the General Assembly in accordance with the United Nations Charter. The Statute of the International Court of Justice is the main constitutional document constituting and regulating the Court.

Related Topics:
United Nations - 1946 - General Assembly - Security Council - United Nations Charter

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This court is different from the International Criminal Court and the War Crimes Law (Belgium), both of which have been confused with the International Court of Justice.

Related Topics:
International Criminal Court - War Crimes Law (Belgium)

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The seat of the Court is in the Peace Palace The Hague, the Netherlands. It is composed of fifteen judges elected by the UN General Assembly and the UN Security Council from a list of persons nominated by the national groups in the Permanent Court of Arbitration. Judges serve for nine years and may be re-elected. No two may be nationals of the same country. One-third of the Court is elected every three years. Each of the five permanent members of the Security Council (France, the People's Republic of China, Russia, the United Kingdom, and the United States) have always had a judge on the Court. Questions before the Court are decided by a majority of judges present. Article 38 of the Statute provides that in arriving at its decisions the Court shall apply international conventions, international custom, the "general principles of law recognized by civilized nations". It may also refer to academic writing and previous judicial decisions to help interpret the law, although the Court is not formally bound by its previous decisions. If the parties agree, the Court may also decide ex aequo et bono, or "in justice and fairness", in which the Court makes a decision based on general principles of fairness rather than specific law.

Related Topics:
Peace Palace - The Hague - The Netherlands - UN General Assembly - UN Security Council - Permanent Court of Arbitration - France - People's Republic of China - Russia - United Kingdom - United States - Ex aequo et bono

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There are two distinct types of cases upon which the court may rule: contentious issues between states in which the court produces binding rulings between states that agree, or have previously agreed, to submit to the ruling of the court, and advisory opinions, which provide reasoned, but non-binding, rulings on properly submitted questions of international law, usually at the request of the United Nations General Assembly. Advisory opinions do not have to concern particular controversies between states, though they often do.

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