Study  Material  on  Composition  Jurisdiction  and  Function  of  International  Court  Of 
       Justice 
       Subject: Political Science-III (International Relations), Unit-IV (b) 
       B.A.LL.B-4th Sem 
       Dr. Shakil Ahmad 
        
       Composition Jurisdiction and Function of International Court Of Justice 
       International  Court of Justice (ICJ) is the successor of the Permanent Court of International 
       Justice. The statute of Permanent Court of Justice has been adopted for the International Court of 
       Justice  (hereinafter  referred  as  ‘Court’).  The  establishment  of  the  Court  became  necessary 
       because to attain the end of International law there must be a judicial organ. So, the Court is the 
       ‘Principle Judicial Organ’ of the International Organization. 
       Composition of International Court Of Justice 
       The composition of the Court may be explained as under: 
       Strength: – The Court is consisted of fifteen judges. And not more than one judge shall be 
       elected from one state, for the Court at a given time. 
       Qualifications: – The candidate for the office of judge in the Court shall possess the following 
       qualifications: 
       a). He should be independent. 
       b). He should be a person of high moral character. 
       c). He must be qualified for the appointment of the highest judicial offices in his country. 
       Nature of the office: – The nature of the office of judge for the Court is elective. In other words 
       the judges for the Court shall be elected in General Assembly and Security Council. 
       Election: – General Assembly and Security Council shall conduct the election of the judges of 
       the Court independently, but simultaneously. These two organs shall elect the judges from the 
       list of nominees prepared by the national groups in the Permanent Court of Arbitration. 
       Term of office: – The term of the office for the judge of the Court is nine years, however, five of 
       them shall be retired after each three years and so, for such vacancies election shall also be 
       conducted after each five years as to maintain the strength to fifteen. 
       Obligations of Judges: – Any person who has so been elected as a judge of the Court is bound to; 
       a). refrain from all political and administrative functions, 
       b). refrain from being council, agent or advocate in any case, and  
       c). not participate in any case in which he has previously has taken part as agent, counsel or 
       advocate for one of the parties. 
       Quorum of the Court: – The quorum of the Court is fixed at nine judges. 
       President of the Court: – After each period of three years the Court shall elect its president. The 
       president shall preside the cases of the Court. But if in a case any party is his national he shall 
       not be entitled to as act as president. 
       Vice-President of the Court: – Along with the election of the president the shall also elect its 
       vice-president. Voice president shall act as president in a case where president is not present or 
       where president is not entitle for presidency due to one of the parties to the case is being his 
       national. 
       Chamber: – The Court is entitled to form a chamber, composed of not less than three members 
       or which the Court may think fit. Different chamber may be declared by the Court to deal with 
       different cases. The Court may constitute a chamber to deal with a particular case. The Court 
       shall itself along with the approval of the parties to the case determine the chamber. 
       Ad hoc Judges: – The statute of the Court reveals that ad hoc judges may be appointed in those 
       cases where there is no national judge of the party to a case. That party can appoint a national 
       judge in that particular case. 
       Jurisdiction of International Court Of Justice 
       Broadly speaking there are two kinds of jurisdiction of the Court  – Contentious Jurisdiction, 
       and Advisory Jurisdiction. 
       Contentious  Jurisdiction: –  That  jurisdiction  of  the  Court  on  the  basis  of  which  the  Court 
       decides any case with the consent of the parties to the case, is called ‘Contentious Jurisdiction.’ It 
       is fundamental principle of international law that without the consent of any party to a case, the 
       same shall not be referred to mediation or arbitration. The same rule is, with some restriction, is 
       applicable to the jurisdiction of the Court. In other words, the Court is not entitled to initiate any 
       proceeding merely because one party files a case, rather the consent of both the parties are 
       necessary that dependent is also required to give consent to the case. Contentious Jurisdiction is 
       of three kinds which may be given as under:           
         a.Voluntary Jurisdiction.   
         b. Ad hoc Jurisdiction.   
       c. Compulsory Jurisdiction. 
       i).  Voluntary Jurisdiction: – That jurisdiction which the parties by virtue of an agreement or 
       treaty confer on Court is called Voluntary Jurisdiction. In other words, when the parties to a 
       treaty or a contract stipulate that if any dispute arise in respect of such treaty or contract the 
       dispute shall be referred to the Court for settlement, this type of jurisdiction of the Court is said 
       to voluntary jurisdiction. So, in voluntary jurisdiction the parties to a dispute give their assent for 
       the jurisdiction of the Court in advance. 
       ii). Ad hoc Jurisdiction: – That jurisdiction of the Court when the parties, after the occurrence of 
       the dispute, confers on Court and in which the Court has no right to take up the case, is said to be 
       Ad hoc Jurisdiction. 
       iii).  Compulsory Jurisdiction: –Compulsory Jurisdiction means that type of jurisdiction which 
       the  Court  enjoys  without  the  consent  of  the  parties.  In  classic  international  law  there  is  no 
       concept of the Compulsory Jurisdiction of the Court, but recently it has been contended that no 
       the time has reached to confide the Court with compulsory jurisdiction. In case of Compulsory 
       Jurisdiction, the Court is to be empowered to take up a case with out the consent of the parties 
       like  municipal  Courts.  But  once  again,  the  application  of  the  Compulsory  Jurisdiction  at 
       universal level, depends on the approval of the Nation States. The procedure for the Compulsory 
       Jurisdiction of the Court has also been laid down. 
       Advisory Jurisdiction: – Advisory Jurisdiction means that the jurisdiction of the Court by which 
       it may only give an advisory opinion on a question of law. This does not require the consent of 
       the parties to a case but when any International Institute (General Assembly or Security Council) 
       ask the Court to give an advisory opinion on the question. This opinion is not binding on the 
       parties. So, the case may be referred by an international organization or by any organs within the 
       scope of their activities. 
       Procedures of ICJ 
        The Statute of the Court, in Chapter 3, establishes procedures for the conduct of a case before 
       the Court. The provisions of the Statute are supplemented by the Rules of the Court. The current 
       Rules were promulgated in 1978. The Court, while being faithful to the provisions of the Statute, 
       treats matters concerning procedure with the necessary flexibility. 
       Initiating a Case  
       States parties to a dispute may commence a case after notifying it to the Registrar of the Court. 
       Upon receipt of either the notification of the special agreement or a written application, the 
       Registrar of the Court will communicate the application to all concerned. The Members of the 
       United Nations will be informed through the Secretary-General. The Registrar communicates the 
       application to any other States entitled to appear before the Court (Article 40 of the Statute). 
       Representation of the Parties  
       Agents appointed by the parties represent them before the Court. They may have the assistance 
       of counsels or advocates. The agents, counsel, and advocates of the parties before the Court 
       enjoy privileges and immunities necessary for the independent exercise of their duties (Article 42 
       of the Statute) 
       Interim Measures of Protection