States parties to the icj statute pdf

In a report published today, the icj highlights numerous failings in the drafting process and the provisions of the statute that fall short of international. Charter, each member of the united nations undertakes to comply with the decision of the icj in any case to which it is a party. Statute of the international court of justice wikipedia. The jurisdiction of the court comprises all cases which the parties refer to it and all matters specially provided for in the charter of the united nations or in treaties and conventions in force. The tribunals functions are governed by the icj statute an annex to and integral part of the u. The conditions under which the court shall be open to other states shall, subject to the special provisions contained in treaties in force, be laid down by the security council, but in no case shall such conditions place the parties in a position of inequality before the. The states parties to the present statute may at any time declare that they recognize as compulsory ipso facto. The icj is the principal legal organ of the united nations. Statute of the international court of justice article 36 1. The states parties to the rome statute of the international criminal court are those sovereign states that have ratified, or have otherwise become party to, the rome statute of the international criminal court.

Declarations made under article 36 of the statute of the permanent court of international. Article 38 of the statute of the international court of justice. A permanent court of international justice is hereby established, in accordance with article 14 of the covenant of the league of nations. Article 2 relationship of the court with the united nations the court shall be brought into relationship with the united nations through an agreement to be approved by the assembly of states parties to this statute and thereafter concluded by the president of the court on its behalf. The international court of justice established by the charter of the united. Article 38 of the statute of the international court of.

The states parties to the present statute may at any time declare that they recognize as. Most of the situations under investigation also pertain to africa. If article 1192 authorizes the parties themselves, upon recommendation by the icc assembly, to refer a dispute to the icj, some basis for that courts jurisdiction still must be found under article 36 of the icj statute. At least three months before the date of the election, the secretarygeneral of the united nations shall address a written request to the members of the permanent court of arbitration belonging to the states which are parties to the present statute, and to the members of the national groups appointed under article 4, paragraph 2, inviting them. Alliguna and revels are members of the united nations and are parties to the statute of the international court of justice icj. The international court of justice hereinafter, the icj or the court is the. The court shall be open to the states parties to the present statute. Basis of the courts jurisdiction international court of. The african union, the international criminal court, and the. The international court of justice and the concept of state.

Statute of the permanent court of international justice. The courts acknowledgment that the statute was a treaty that normally applies only to its states parties, but extendable to other states through sc referrals and ad hoc declarations, has however led to some confusion concerning the iccs jurisdiction over the crimes of nationals of nonparty states committed in the territory of states parties. The statute of the icj provides for two ways of intervention by third states under its arts 62 and 63. A state which is not a member of the united nations may become a party to the statute of the international court of justice on conditions to be determined in each case by the general assembly upon. Treatment in hungary of aircraft and crew of the united states of america united states of america v. Rome statute of the international criminal court contents. Nicaraguan counsel cites article 36 of the statute of the court, to which both nicaragua and the us are party, as justification of the courts jurisdiction in these legal proceedings. Aerial incident of 10 march 1953 united states of america v. Statute of the court international court of justice. Rome statute of the international criminal court rome, 17. Pursuant to security council resolution 9 1946 of 15 october 1946, which provides the conditions under which the court shall be open to states not parties to the statute of the international court of justice, adopted by virtue of its powers under article 35 2 of the statute of international court of justice, the state of palestine hereby.

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. International court of justice in any case to which it is a party. Web site of the rome statute of the international criminal. Under article 93 of the charter, which the united states ratified in 1945, all membernations of the united nations also are parties to the icj statute. This comprehensive commentary on the statute of the international court of justice analyses in detail not only the statute of the court itself but also the related provisions of the.

States not parties to the statute to which the court may. States entitled to appear before the court article 35, paragraph 1, of the statute provides that the court shall be open to the states parties to the statute, and article 93, paragraph 1, of the charter of the united nations provides that all members of the united nations are ipso facto parties to the statute. The icj is the principal judicial organ of the united nations. Note the language used at the end of the first paragraph. Ii the system of intervention before the international court of justice to analyse the interventions in whaling in the antarctic and nuclear tests a basic understanding of the system of intervention before the icj is necessary. The conditions under which the court shall be open to other states shall, subject to the special provisions contained in treaties in force, be laid down by the security council, but in no case shall such conditions place the parties in a position of inequality before the court. It is worth noting, however, that a significant number are a result of selfreferrals and at the prosecutors initiative. In order to maintain equality in the status of the parties, the statute provides that where a judge of the nationality of one of the parties is sitting. Two thirds of the states parties shall constitute a quorum at that meeting. Ratification of the united states deposited at washington august 8. Every member state of the united nations is a party to the statute the statute of the international court of justice the court or icj.

The conditions under which the court shall be open to other states shall, subject to the special provisions contained in treaties in force, be laid down by the security council, but in no case shall such conditions place. Such declarations shall be deposited with the secretarygeneral of the united nations, who shall transmit copies thereof to the parties to the statute and to the registrar of the court. The author concluded that full protection for third states can only be assured if the court is in. Its opinions and rulings serve as sources of international law. Whenever a treaty or convention in force provides for reference of a matter to a tribunal to have been instituted by the league of nations, or to the permanent court of international justice, the matter shall, as between the parties to the present statute, be referred to the international court of justice. Jan 17, 2008 every member state of the united nations is a party to the statute the statute of the international court of justice the court or icj. The rome statute is the treaty that established the international criminal court, an international court that has jurisdiction over certain international crimes, including genocide.

Pursuant to article 36, paragraphs 2 and 3, of the statute of the icj, alliguna has recognized the icjs jurisdiction as compulsory ipso facto but only on condition of. Rome statute of the international criminal court rome, 17 july 1998 participant signature ratification australia 9 dec 1998 1 jul 2002 australia reservations are forbidden under the rome statute. Rome statute of the international criminal court 7 rome statute of the international criminal court preamble the states parties to this statute, conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time. Accepting the compulsory jurisdiction of the international. States entitled to appear before the court international. The signatory states shall become parties to this statute by deposit of an instrument of ratification.

The international court of justice is the principal judicial organ of the united nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. Declarations recognizing as compulsory the jurisdiction of the international court of justice under article 36, paragraph 2, of the statute of the court 15 october 1946. Palestine sues the united states in the icj re jerusalem. States parties to the rome statute of the international. The fact that the us does not recognize palestinian statehood would not seem to me to be dispositive. See paragraph 5 of article 36 of the statute of the international court of justice. The court may sit elsewhere, whenever it considers it desirable, as provided in this statute. Statute of the international court of justice article 36. The states parties to the present statute may at any time declare that. Statute of the international court of justice the united nations. According to the icj statute, only states may be parties. Charter statute of the international court of justice arts.

Opening the international court of justice to third states. Against the odds, the practice of accepting the courts jurisdiction by means of unilateral declarations has expanded. Under article 93 of the charter, which the united states ratified in 1945, all membernations of the united nations also are parties to. The icj only has jurisdiction to decide cases that states consent to submit to it for decision. This court shall be in addition to the court of arbitration organized by the conventions of the hague of 1899 and 1907, and to the special tribunals of arbitration to which states are always at liberty to. The state would be stopped from asserting at a later date that it. Whenever a treaty or convention in force provides for reference of a matter to a tribunal to have been instituted by the league of nations, or to the permanent court of international justice, the matter shall, as between the parties to the present statute, be referred to. How do disputed states become parties to cases in the icj. Pursuant to article 36, paragraphs 2 and 3, of the statute of the icj, alliguna has recognized the icjs jurisdiction as compulsory ipso facto but only on condition of reciprocity on the part of other states. Palestine sues the united states in the icj re jerusalem embassy. Statute of the international court of justice, art. Jurisdiction and compliance in recent decisions of the international. In light of the establishment of the permanent secretariat of the assembly of states parties to the rome statute by resolution iccasp2res.

The international court of justice and the concept of. Jurisdiction and compliance in recent decisions of the. The rome statute is the treaty that established the international criminal court, an international court that has jurisdiction over certain international crimes, including genocide, crimes against humanity, and war crimes that are committed by nationals of states parties or within the territory of states parties. Third state intervention before the international court of. As to the contentious cases, only states may be parties thereto. This statute shall be open for signature on 26 october 1956 by all states members of the united nations or of any of the specialized agencies and shall remain open for signature by those states for a period of ninety days. International court of justice in accordance with article 36 of its statute. International law immunities and the international. Statute of the international court of justice treaties. The international court of justice icj operates a consensual jurisdiction mechanism for contentious cases as distinct from advisory opinions. Out of them 33 are african states, 18 are asiapacific states, 18 are from eastern europe, 28 are from latin american and caribbean states, and 25 are from western european and other states. The statute of the international court of justice icj allows states to accept unilaterally the courts jurisdiction with respect to all or certain categories of legal disputes.

The icj calls on member states of the league of arab states las to refrain from ratifying the statute of the arab court of human rights unless and until it is comprehensively amended. The statute of tjhe international colurt of justice. Web site of the rome statute of the international criminal court. The conditions under which a state which is a party to the present statute but is not a. The statute of the international court of justice is an integral part of the united nations charter. State names which appear in backets are states having made declarations recognizing as compulsory the jurisdiction of the international court of justice for specified periods of time and which have been terminated or have since expired. The highest number of state parties to the rome statute from any region are from africa. Statute of the international court of justice icj statute, 59 stat. States parties having accepted the jurisdiction of the court. States entitled to appear before the court article 35, paragraph 1, of the statute provides that the court shall be open to the states parties to the statute, and article 93, paragraph 1, of the charter of the united nations provides that all members of the united nations are ipso facto parties to the statute the following 193 states are currently members of the united nations the dates on. See paragraph 5 of article 36 of the statute of the. Over 120 countries are states parties to the rome statute, representing all. The statute of tjhe international colurt of justice alain pellet.

That means that its jurisdiction relies on state consent. The tribunals functions are governed by the icj statutean annex to and integral part of the u. The court shall enter into a headquarters agreement with the host state, to be approved by the assembly of states parties and thereafter concluded by the president of the court on its behalf. Charter of the united nations and statute of the international court. The african union, the international criminal court, and.