The judges elect their own president and vice president, each of whom serves a three-year term, and can appoint administrative personnel as necessary. Furthermore, the most effective form to take action for the Security Council, coercive action under Chapter VII of the United Nations Charter, can be justified only if international peace and security are at stake. Citation Breakdown A. The United States also withdrew its declaration of compulsory jurisdiction and blocked Nicaragua’s appeal to the UN Security Council. The draft statute was substantially similar to that of the PCIJ, and it was questioned whether a new court should even be created. (6) Id. Members of the Court shall be bound, unless they are on leave or prevented from attending by illness or other serious reasons duly explained to the President, to hold themselves permanently at the disposal of the Court. Other existing international thematic courts, such as the, The International Court does not enjoy a full. It was established in June 1945 by the Charter of the United Nations and began work in April 1946. In such cases, the President shall request one or, if necessary, two of the members of the Court forming the chamber to give place to the members of the Court of the nationality of the parties concerned, and, failing such, or if they are unable to be present, to the judges specially chosen by the parties. Only states may be parties in cases before the court, and no state can be sued before the World Court unless it consents to such an action. The Statute is divided into 5 chapters and consists of 70 articles. In practice, the court's powers have been limited by the unwillingness of the losing party to abide by the court's ruling and by the Security Council's unwillingness to impose consequences. If the parties agree that the case shall be conducted in English, the judgment shall be delivered in English. The members of the Court shall be elected by the General Assembly and by the Security Council from a list of persons nominated by the national groups in the Permanent Court of Arbitration, in accordance with the following provisions. 2. Though replaced, they shall finish any cases which they may have begun. Decisions and advisory opinions are by majority, and, in the event of an equal division, the President's vote becomes decisive, which occurred in the Legality of the Use by a State of Nuclear Weapons in Armed Conflict (Opinion requested by WHO), [1996] ICJ Reports 66. (See Procedure below.) The International Court of Justice (ICJ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). Its official languages are English and French. Whenever one of the parties does not appear before the Court, or fails to defend its case, the other party may call upon the Court to decide in favour of its claim. 3. [32] Incidental jurisdiction of the court derives from the Article 41 of the Statute of it. The UN Security Council and the General Assembly are tasked with the combined responsibility to elect five members of the Court (a third of its composition) every three years. The court’s inaugural sitting was in 1946. The Court shall elect its President and Vice-President for three years; they may be re-elected. This, however, shall not prevent the Court from sitting and exercising its functions elsewhere whenever the Court considers it desirable. So far, the International Court of Justice has dealt with about 130 cases. In general, however, enforcement is made possible because the court’s decisions, though few in number, are viewed as legitimate by the international community. Respondents normally file preliminary objections to the jurisdiction of the court and/or the admissibility of the case. The first source is international conventions of a general or particular nature. As with criticisms of the United Nations, many of these criticisms refer more to the general authority assigned to the body by member states through its charter than to specific problems with the composition of judges or their rulings. » Statute of the International Court of Justice, June 26, 1945, 59 Stat. 6. The Court shall be open to the states parties to the present Statute. International Court of Justice Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), ICJ Reports 1971, 12, at 14. 1. The 69 Articles are grouped in 5 Chapters: Under Article 38.2, the court is allowed to decide a case ex aequo et bono if the parties agree thereto. This provision shall not apply if such state is bearing a share of the expenses of the Court. Elections are staggered, with five judges elected every three years to ensure continuity within the court. However, when there is room for conflict, the balance appears to be in favour of the Security Council. If the Court includes upon the Bench a judge of the nationality of one of the parties, any other party may choose a person to sit as judge. International Court of Justice judges hearing a case concerning a maritime dispute between Peru and Chile, 2014. In proceedings before the court, written and oral arguments are presented, and the court may hear witnesses and appoint commissions of experts to make investigations and reports when necessary.