Statute Of Icj Essay

5214 words - 21 pages

Statute of the CourtThe Statute of the International Court of Justice is annexed to the Charter of the United Nations, of which it forms an integral part. The main object of the Statute is to organize the composition and the functioning of the Court.The Statute can be amended only in the same way as the Charter, i.e., by a two-thirds majority vote in the General Assembly and ratification by two-thirds of the States (Art 69).Should the ICJ consider it desirable for its Statute to be amended, it must submit a proposal to this effect to the General Assembly by means of a written communication addressed to the Secretary-General of the United Nations (Art 70). However, there has hitherto been no amendment of the Statute of the Court.STATUTE OF THE INTERNATIONAL COURT OF JUSTICE TABLE OF CONTENTS: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) Article 1The 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. CHAPTER I - ORGANIZATION OF THE COURT Article 2The Court shall be composed of a body of independent judges, elected regardless of their nationality from among persons of high moral character, who possess the qualifications required in their respective countries for appointment to the highest judicial offices, or are jurisconsults of recognized competence in international law. Article 31. The Court shall consist of fifteen members, no two of whom may be nationals of the same state.2. A person who for the purposes of membership in the Court could be regarded as a national of more than one state shall be deemed to be a national of the one in which he ordinarily exercises civil and political rights. Article 41. 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. In the case of Members of the United Nations not represented in the Permanent Court of Arbitration, candidates shall be nominated by national groups appointed for this purpose by their governments under the same conditions as those prescribed for members of the Permanent Court of Arbitration by Article 44 of the Convention of The Hague of 1907 for the pacific settlement of international disputes.3. The conditions under which a state which is a party to the present Statute but is not a Member of the United Nations may participate in electing the members of the Court shall, in the absence of a special agreement, be laid down by the General Assembly upon recommendation of the Security Council. Article 51. At least three months before the date of the...

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