the principal judicial organ of the UN. Established in 1945, the court’s organization, jurisdiction, and procedure are defined by its statute, which is an integral part of the UN Charter, thus making all members of the UN parties to the statute. The court adopts regulations defining the procedure for performing its functions and establishing judicial procedure.
The court consists of 15 judges elected for nine-year terms by an absolute majority in the UN General Assembly and Security Council (voting separately). Every three years one-third of the court is replaced. The court elects a president and vice-president for three-year terms and appoints a secretary for seven years. Nominations to the court are made by the national groups of the Permanent Court of Arbitration or specially appointed groups. In accordance with the statute the composition of the court should ensure that the “principal forms of civilization and basic legal systems of the world” are represented. Members of the court enjoy diplomatic privileges and immunity in performing their official duties.
The court’s principal task is to decide cases (international disputes) referred to it by the parties involved (states only) in accordance with international law. Cases are heard only with the consent of all disputing parties. Countries that are members of the UN have the right to declare that they recognize the court’s jurisdiction to be compulsory for certain legal questions or to stipulate that certain types of disputes are outside the court’s jurisdiction. Decisions are reached by a majority vote of the judges present, with nine members constituting a quorum. Decisions are binding only for the countries involved in the dispute and only for the particular case. The court’s decisions are final and not subject to appeal. The court may also hand down advisory opinions on legal questions at the request of a UN institution authorized to make such a request. Such opinions are no more than recommendations.
V. I. KOZHEVNIKOV