International Court of Justice facts for kids

"World Court" redirects here. For other uses, see World Court (disambiguation).

"ICJ" redirects here. For the human rights organization, see International Commission of Jurists.

Quick facts for kids International Court of Justice
Cour internationale de justice
Emblem of the International Court of Justice
The Peace Palace, the seat of the court
Established	1945 (PCIJ dissolved in 1946)
Location	The Hague, Netherlands
Coordinates	52°05′11.8″N 4°17′43.8″E / 52.086611°N 4.295500°E / 52.086611; 4.295500
Authorized by	UN Charter ICJ Statute
Judge term length	9 years
Number of positions	15
President
Currently	Nawaf Salam
Since	6 February 2024
Vice President
Currently	Julia Sebutinde
Since	6 February 2024

The International Court of Justice (ICJ) is like the world's highest court for countries. It helps solve disagreements between nations and gives advice on international laws. It is one of the six main parts of the United Nations (UN). You can find it in The Hague, a city in the Netherlands.

The ICJ took over from an older court called the Permanent Court of International Justice (PCIJ). That court was started in 1920 by the League of Nations. After World War II, the UN and the ICJ replaced the League and the PCIJ. The rules for the ICJ are very similar to the old court's rules. All countries that are part of the UN can bring cases to the ICJ.

The ICJ has 15 judges. They are chosen by the United Nations General Assembly and the United Nations Security Council. Each judge serves for nine years. No two judges can be from the same country. The judges are chosen to represent the world's main cultures and legal systems. The ICJ is the only main UN body not located in New York City. Its official languages are English and French.

Since its first case in 1947, the ICJ has handled many cases. The court's decisions are binding for the countries involved in that specific case.

History of the World Court

The idea of a world court started a long time ago. The first permanent group to help countries solve problems was the Permanent Court of Arbitration (PCA). It was created in 1899 at a meeting in The Hague. This meeting was called by the Russian Tsar Nicholas II of Russia. It brought together many powerful countries.

The PCA helped set up rules for countries to settle their arguments peacefully. The judges for each case were chosen from a list. The PCA started its work in 1902.

In 1907, another meeting in The Hague tried to create a permanent court with full-time judges. But the countries could not agree on how to choose the judges. So, the idea was put on hold.

The First World Court

After the terrible World War I, countries wanted to prevent future wars. So, they created the League of Nations. This was the first worldwide group aimed at keeping peace. In 1920, the League decided to create the Permanent Court of International Justice (PCIJ). This court would help solve international disputes. It would also give advice to the League of Nations.

The PCIJ's rules were approved in 1920. They solved the problem of choosing judges. Judges would be elected by both the League's Council and Assembly. The PCIJ was based in the Peace Palace in The Hague.

The PCIJ was a big step forward because:

It was a permanent court with its own rules.
It had a permanent office to work with governments.
Its cases were mostly public.
All countries could use it.
It was the first court to list the sources of law it would use.
Its judges came from many different parts of the world.
It helped develop international law over time.

The United States helped set up the PCIJ but never joined it. Even so, some Americans served as judges on the court. From 1922 to 1940, the PCIJ handled many cases and gave advice. It helped solve serious international problems and made international law clearer.

Creating the ICJ

The World War II stopped the PCIJ from working. In 1942, the United States and the United Kingdom agreed that a new international court was needed after the war. In 1944, a group of legal experts suggested that any new court should be based on the PCIJ's rules. They also said the new court should give advice and that countries should agree to its power voluntarily.

Later, the main Allied Powers (China, the USSR, the UK, and the US) agreed to create a new international organization. This organization would keep peace and security. In 1944, a proposal was made to include an international court in this new organization.

In 1945, 44 legal experts met to write the rules for the new court. It was very similar to the PCIJ's rules. At the United Nations Conference on International Organization in San Francisco, countries decided to create a completely new court. This court would be a main part of the new United Nations Charter. To keep things smooth, the new court's rules were based on the PCIJ's.

In October 1945, the PCIJ met for the last time. It passed its records to the new court. The PCIJ judges resigned in January 1946. The first ICJ judges were elected in February 1946. In April 1946, the PCIJ officially closed. The ICJ then held its first meeting. Its first case was in May 1947, brought by the United Kingdom against Albania.

What the ICJ Does

The Peace Palace in The Hague, Netherlands, where the ICJ is located.

The ICJ started its work in 1946. Its main rulebook is the Statute of the International Court of Justice. This document explains how the court works.

The court handles many different kinds of cases. For example, in the 1980s, the court ruled that the United States had broken international law against Nicaragua. After this, the United States decided to accept the court's power only when it chose to. The United Nations Security Council can help make sure the court's decisions are followed. But the five permanent members of the Security Council can stop this with a veto. The United States used its veto in the Nicaragua case.

How the Court is Made Up

The ICJ has fifteen judges. They are elected for nine-year terms. The United Nations General Assembly and the United Nations Security Council choose them. Elections happen every three years for five judges. This helps keep the court running smoothly. If a judge leaves early, a new one is elected to finish the term.

No two judges can be from the same country. The court's members should represent the world's main cultures and legal systems. This includes different types of law like common law and civil law.

There is an informal agreement on how seats are divided by world regions. For example, five seats are for Western countries, three for African countries, and so on. The five permanent members of the United Nations Security Council (France, Russia, China, the United Kingdom, and the United States) usually have a judge on the court.

Judges must be highly respected and qualified in international law. They cannot hold any other jobs or act as lawyers. This helps them stay independent. A judge can only be removed by a unanimous vote of all other judges.

Judges can give their own opinions, even if they disagree with the main decision. In its history, only five women have been elected to the court.

In 2023, for the first time, no judge from Russia was elected to the court.

Special Judges

Sometimes, a country involved in a case does not have one of its citizens as a judge on the court. In these situations, that country can choose an extra judge to sit on that specific case. This means up to 17 judges could be on one case.

This system helps countries feel more comfortable bringing cases to the court. It means they have someone who understands their country's point of view. These special judges often vote for the country that appointed them.

Smaller Groups of Judges

The court usually works with all 15 judges. But it can also form smaller groups, called "chambers," usually with 3 or 5 judges. These chambers can hear specific types of cases or particular disputes. For example, a special chamber was set up in 1993 for environmental cases, though it has not been used yet.

Using smaller groups can encourage more countries to use the court. This helps solve more international problems.

Current Judges

As of 6 February 2024 (2024 -02-06)^[update], here are the judges of the court:

Name	Nationality	Position	Term began	Term ends
Nawaf Salam	Lebanon	President^a	2018	2027
Julia Sebutinde	Uganda	Vice-president^a	2012	2030
Peter Tomka	Slovakia	Member	2003	2030
Ronny Abraham	France	Member	2005	2027
Abdulqawi Yusuf	Somalia	Member	2009	2027
Xue Hanqin	China	Member	2010	2030
Dalveer Bhandari	India	Member	2012	2027
Yuji Iwasawa	Japan	Member	2018	2030
Georg Nolte	Germany	Member	2021	2030
Hilary Charlesworth	Australia	Member	2021	2033
Leonardo Nemer Caldeira Brant (Replaced Antônio Augusto Cançado Trindade)	Brazil	Member	2022	2027
Juan Manuel Gómez Robledo Verduzco	Mexico	Member	2024	2033
Sarah Cleveland	United States	Member	2024	2033
Bogdan Aurescu	Romania	Member	2024	2033
Dire Tladi	South Africa	Member	2024	2033
Philippe Gautier	Belgium	Registrar	2019	2026
^a For the 2024–2027 term

Presidents of the Court

#	President	Start	End	Country
1	José Gustavo Guerrero	1946	1949	El Salvador
2	Jules Basdevant	1949	1952	France
3	Arnold McNair	1952	1955	United Kingdom
4	Green Hackworth	1955	1958	United States
5	Helge Klæstad	1958	1961	Norway
6	Bohdan Winiarski	1961	1964	Poland
7	Percy Spender	1964	1967	Australia
8	José Bustamante y Rivero	1967	1970	Peru
9	Muhammad Zafarullah Khan	1970	1973	Pakistan
10	Manfred Lachs	1973	1976	Poland
11	Eduardo Jiménez de Aréchaga	1976	1979	Uruguay
12	Humphrey Waldock	1979	1981	United Kingdom
13	Taslim Elias	1982	1985	Nigeria
14	Nagendra Singh	1985	1988	India
15	José Ruda	1988	1991	Argentina
16	Robert Jennings	1991	1994	United Kingdom
17	Mohammed Bedjaoui	1994	1997	Algeria
18	Stephen Schwebel	1997	2000	United States
19	Gilbert Guillaume	2000	2003	France
20	Shi Jiuyong	2003	2006	China
21	Rosalyn Higgins	2006	2009	United Kingdom
22	Hisashi Owada	2009	2012	Japan
23	Peter Tomka	2012	2015	Slovakia
24	Ronny Abraham	2015	2018	France
25	Abdulqawi Yusuf	2018	2021	Somalia
26	Joan Donoghue	2021	2024	United States
27	Nawaf Salam	2024	present	Lebanon

How the Court Gets Its Power

Countries that became parties when joining the UN Countries that became parties before joining the UN UN observer states that are not parties

All countries that are members of the UN automatically agree to the ICJ's rules. Countries that are not UN members can also agree to these rules. But just agreeing to the rules does not mean the court can hear any case involving them. The court needs a country's permission to hear a dispute.

There are three main ways the ICJ gets its power to hear cases:

Solving Disputes Between Countries

In these cases, the ICJ makes a decision that countries must follow. Only countries can be part of these cases. Individuals or companies cannot directly bring a case. However, a country can bring a case on behalf of its citizens.

The court needs a country's agreement to hear a case. Here are the main ways this agreement is given:

Special Agreement: Countries can specifically agree to let the court solve a problem between them. This is often the most effective way.
Treaty Clauses: Many treaties (agreements between countries) include a clause saying that the ICJ will solve any disputes about that treaty.
Optional Declarations: Countries can make a public statement saying they accept the court's power for certain types of disputes. This is voluntary. Many countries have made such declarations.
Older Agreements: The court can also get power from agreements made under the old Permanent Court of International Justice.
Tacit Agreement: Sometimes, a country agrees to the court's power just by showing up and arguing its case without officially saying "yes."

Temporary Orders

Before making a final decision, the court can order temporary actions. These are called "interim measures." They help protect the rights of the countries involved while the case is ongoing. Both sides can ask for these orders. The court will only give these orders if it seems like it has the power to hear the main case. These temporary orders are binding on the countries.

Giving Advice

An audience at the Peace Palace during a hearing for an advisory opinion.

The court can also give "advisory opinions." These are like legal advice. Only certain UN bodies and agencies can ask for them. For example, the UN General Assembly or the Security Council can ask for advice on any legal question. Other UN groups need permission from the General Assembly.

Advisory opinions are usually just advice, not binding decisions. But they are very important and respected. They show the court's official view on important international law issues. The court uses the same rules to give advice as it does for binding judgments.

Advisory opinions are important because they come from the main judicial part of the United Nations. Sometimes, these opinions can be controversial if the questions asked are difficult.

Examples of Cases

South Africa's case against Israel regarding the Genocide Convention in Gaza, January 2024.

Here are some examples of cases the ICJ has handled:

1980: The United States complained that Iran was holding American diplomats illegally.
1982: Tunisia and Libya had a disagreement about their sea borders.
1989: Iran complained after a US Navy ship shot down an Iranian passenger plane.
1984: A dispute about the sea border between the U.S. and Canada in the Gulf of Maine.
1999: The Federal Republic of Yugoslavia complained about actions by NATO countries during the Kosovo War. The court did not hear this case because it lacked power at the time.
2011: North Macedonia complained that Greece was stopping it from joining NATO. The court ruled in favor of North Macedonia.
2005: The Democratic Republic of the Congo complained that Uganda had violated its borders and taken resources. The court ruled in favor of the DRC.
2017: India complained about a death penalty given to an Indian citizen by a Pakistani military court.
2022: Ukraine complained that Russia was falsely claiming genocide as a reason to invade Ukraine. The court ordered Russia to stop its military actions. This order is binding but the ICJ cannot force Russia to obey.

ICJ and the UN Security Council

All UN members must follow the court's decisions. If a country does not follow a decision, the issue can go to the United Nations Security Council. The Security Council can then take action to make the country obey.

However, there are challenges. If the decision is against one of the five permanent members of the Security Council (China, France, Russia, the United Kingdom, and the United States), that member can use its veto power. This stops any enforcement action. This happened in the Nicaragua case. Also, the Security Council has never used strong force to make a country obey.

The court and the Security Council work together. But if there is a conflict, the Security Council's decisions usually come first. For example, the United States accepted the court's power in 1946. But after the Nicaragua v. United States case in 1984, the US withdrew its acceptance. The court had ruled that the US was using "unlawful force" against Nicaragua. It ordered the US to pay damages.

Laws Used by the Court

When the ICJ makes decisions, it uses international law. This includes:

International agreements (treaties).
International customs (practices countries follow because they believe they are law).
General principles of law recognized by most countries.

The court can also look at writings by legal experts and past court decisions. However, the ICJ is not strictly bound by its past decisions. Its decisions only apply to the countries in that specific case. But the court often refers to its own previous rulings.

If countries agree, the court can also make a decision based on what is fair and good. This has not been used yet. The ICJ has handled about 180 cases so far.

How Cases Work

The ICJ has its own rules for how cases are handled. These rules are in the Rules of Court of the International Court of Justice 1978.

A case usually starts when one country (the applicant) files a written document. This document explains why the court has power and what the country is asking for. The other country (the respondent) can then respond.

Early Objections

If a country does not want the court to hear the case, it can raise "preliminary objections." These objections must be decided before the court can look at the main problem. Often, there is a separate hearing just for these objections. Countries might argue that the court does not have the power to hear the case.

If the court decides it has power, the respondent must then file its arguments about the main case. After all written arguments are in, the court holds a public hearing.

Asking for Protection

Once a case is filed, either country can ask the court for a temporary order to protect things as they are. These are called "Provisional Measures." The court must be sure it has the power to hear the main case before it grants these measures.

Joining a Case

If a case affects a third country's interests, that country might be allowed to join the case. This is rare. The court decides whether to allow it.

Decisions and Solutions

After thinking about the case, the court makes a decision based on what most judges agree on. Individual judges can write their own opinions if they agree with the result but for different reasons. They can also write dissenting opinions if they disagree with the majority.

There is no appeal process for the court's decisions. But a country can ask the court to explain its decision if there is confusion.

Criticisms of the Court

The International Court of Justice has faced some criticisms:

Limited Power: The court can only hear cases if both countries agree to it. This means that serious conflicts often go to the United Nations Security Council instead. Even when the court makes a decision, it cannot force countries to obey without their agreement or the Security Council's help.
Who Can Bring Cases: The ICJ cannot hear cases from organizations, companies, or individuals. Only countries can bring cases. This means victims of serious crimes might not have their voices heard if their own country does not support them.
Other Courts: There are other international courts, like the International Criminal Court (ICC), that are not part of the ICJ. This can sometimes make it harder for different courts to work together.
Security Council Veto: The permanent members of the Security Council can stop the enforcement of court decisions. This means they might avoid legal responsibility, as seen in the Nicaragua v. United States case.
Avoiding Decisions: The court has sometimes been criticized for dismissing cases based on technical reasons (like not having power) instead of solving the actual problem between countries.