Siehe auch67: Statut auf den Webseiten des IGH
The 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
The 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.
- The Court shall consist of fifteen members, no two of whom may be nationals of the same
- 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.
- 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.
- 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.
- 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.
- At least three months before the date of the election, the Secretary-General of the
United Nations shall address a written request to the members of the Permanent Court of
Arbitration belonging to the states which are parties to the present Statute, and to the
members of the national groups appointed under Article 4, paragraph 2, inviting them to
undertake, within a given time, by national groups, the nomination of persons in a
position to accept the duties of a member of the Court.
- No group may nominate more than four persons, not more than two of whom shall be of
their own nationality. In no case may the number of candidates nominated by a group be
more than double the number of seats to be filled.
Before making these nominations, each national group is recommended to
consult its highest court of justice, its legal faculties and schools of law, and its
national academies and national sections of international academies devoted to the study
- The Secretary-General shall prepare a list in alphabetical order of all the persons thus
nominated. Save as provided in Article 12, paragraph 2, these shall be the only persons
- The Secretary-General shall submit this list to the General Assembly and to the Security
The General Assembly and the Security Council shall proceed
independently of one another to elect the members of the Court.
At every election, the electors shall bear in mind not only that the
persons to be elected should individually possess the qualifications required, but also
that in the body as a whole the representation of the main forms of civilization and of
the principal legal systems of the world should be assured.
- Those candidates who obtain an absolute majority of votes in the General Assembly and in
the Security Council shall be considered as elected.
- Any vote of the Security Council, whether for the election of judges or for the
appointment of members of the conference envisaged in Article 12, shall be taken without
any distinction between permanent and non-permanent members of the Security Council.
- In the event of more than one national of the same state obtaining an absolute majority
of the votes both of the General Assembly and of the Security Council, the eldest of these
only shall be considered as elected.
If, after the first meeting held for the purpose of the election, one
or more seats remain to be filled, a second and, if necessary, a third meeting shall take
- If, after the third meeting, one or more seats still remain unfilled, a joint conference
consisting of six members, three appointed by the General Assembly and three by the
Security Council, may be formed at any time at the request of either the General Assembly
or the Security Council, for the purpose of choosing by the vote of an absolute majority
one name for each seat still vacant, to submit to the General Assembly and the Security
Council for their respective acceptance.
- If the joint conference is unanimously agreed upon any person who fulfills the required
conditions, he may be included in its list, even though he was not included in the list of
nominations referred to in Article 7.
- If the joint conference is satisfied that it will not be successful in procuring an
election, those members of the Court who have already been elected shall, within a period
to be fixed by the Security Council, proceed to fill the vacant seats by selection from
among those candidates who have obtained votes either in the General Assembly or in the
- In the event of an equality of votes among the judges, the eldest judge shall have a
- The members of the Court shall be elected for nine years and may be re-elected;
provided, however, that of the judges elected at the first election, the terms of five
judges shall expire at the end of three years and the terms of five more judges shall
expire at the end of six years.
- The judges whose terms are to expire at the end of the above-mentioned initial periods
of three and six years shall be chosen by lot to be drawn by the Secretary-General
immediately after the first election has been completed.
- The members of the Court shall continue to discharge their duties until their places
have been filled. Though replaced, they shall finish any cases which they may have begun.
- In the case of the resignation of a member of the Court, the resignation shall be
addressed to the President of the Court for transmission to the Secretary-General. This
last notification makes the place vacant.
Vacancies shall be filled by the same method as that laid down for the
first election subject to the following provision: the Secretary-General shall, within one
month of the occurrence of the vacancy, proceed to issue the invitations provided for in
Article 5, and the date of the election shall be fixed by the Security Council.
A member of the Court elected to replace a member whose term of office
has not expired shall hold office for the remainder of his predecessor's term.
- No member of the Court may exercise any political or administrative function, or engage
in any other occupation of a professional nature.
- Any doubt on this point shall be settled by the decision of the Court.
- No member of the Court may act as agent, counsel, or advocate in any case.
- No member may participate in the decision of any case in which he has previously taken
part as agent, counsel, or advocate for one of the parties, or as a member of a national
or international court, or of a commission of enquiry, or in any other capacity.
- Any doubt on this point shall be settled by the decision of the Court.
- No member of the Court can be dismissed unless, in the unanimous opinion of the other
members, he has ceased to fulfill the required conditions.
- Formal notification thereof shall be made to the Secretary-General by the Registrar.
- This notification makes the place vacant.
The members of the Court, when engaged on the business of the Court,
shall enjoy diplomatic privileges and immunities.
Every member of the Court shall, before taking up his duties, make a
solemn declaration in open court that he will exercise his powers impartially and
- The Court shall elect its President and Vice-President for three years; they may be
- The Court shall appoint its Registrar and may provide for the appointment of such other
officers as may be necessary.
- The seat of the Court shall be established at The Hague. This, however, shall not
prevent the Court from sitting and exercising its functions elsewhere whenever the Court
considers it desirable.
- The President and the Registrar shall reside at the seat of the Court.
- The Court shall remain permanently in session, except during the judicial vacations, the
dates and duration of which shall be fixed by the Court.
- Members of the Court are entitled to periodic leave, the dates and duration of which
shall be fixed by the Court, having in mind the distance between The Hague and the home of
- 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.
- If, for some special reason, a member of the Court considers that he should not take
part in the decision of a particular case, he shall so inform the President.
- If the President considers that for some special reason one of the members of the Court
should not sit in a particular case, he shall give him notice accordingly.
- If in any such case the member Court and the President disagree, the matter shall be
settled by the decision of the Court.
- The full Court shall sit except when it is expressly provided otherwise in the present
- Subject to the condition that the number of judges available to constitute the Court is
not thereby reduced below eleven, the Rules of the Court may provide for allowing one or
more judges, according to circumstances and in rotation, to be dispensed from sitting.
- A quorum of nine judges shall suffice to constitute the Court.
- The Court may from time to time form one or more chambers, composed of three or more
judges as the Court may determine, for dealing with particular categories of cases; for
example, labour cases and cases relating to transit and communications.
- The Court may at any time form a chamber for dealing with a particular case. The number
of judges to constitute such a chamber shall be determined by the Court with the approval
of the parties.
- Cases shall be heard and determined by the chambers provided for in this article if the
parties so request.
A judgment given by any of the chambers provided for in Articles 26 and
29 shall be considered as rendered by the Court.
The chambers provided for in Articles 26 and 29 may, with the consent
of the parties, sit and exercise their functions elsewhere than at The Hague.
With a view to the speedy dispatch of business, the Court shall form
annually a chamber composed of five judges which, at the request of the parties, may hear
and determine cases by summary procedure. In addition, two judges shall be selected for
the purpose of replacing judges who find it impossible to sit.
- The Court shall frame rules for carrying out its functions. In particular, it shall lay
down rules of procedure.
- The Rules of the Court may provide for assessors to sit with the Court or with any of
its chambers, without the right to vote.
- Judges of the nationality of each of the parties shall retain their right to sit in the
case before the Court.
- 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. Such person shall be chosen
preferably from among those persons who have been nominated as candidates as provided in
Articles 4 and 5.
- If the Court includes upon the Bench no judge of the nationality of the parties, each of
these parties may proceed to choose a judge as provided in paragraph 2 of this Article.
- The provisions of this Article shall apply to the case of Articles 26 and 29. 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.
- Should there be several parties in the same interest, they shall, for the purpose of the
preceding provisions, be reckoned as one party only. Any doubt upon this point shall be
settled by the decision of the Court.
- Judges chosen as laid down in paragraphs 2, 3, and 4 of this Article shall fulfil the
conditions required by Articles 2, 17 (paragraph 2), 20, and 24 of the present Statute.
They shall take part in the decision on terms of complete equality with their colleagues.
- Each member of the Court shall receive an annual salary.
- The President shall receive a special annual allowance.
- The Vice-President shall receive a special allowance for every day on which he acts as
- The judges chosen under Article 31, other than members of the Court, shall receive
compensation for each day on which they exercise their functions.
- These salaries, allowances, and compensation shall be fixed by the General Assembly.
They may not be decreased during the term of office.
- The salary of the Registrar shall be fixed by the General Assembly on the proposal of
- Regulations made by the General Assembly shall fix the conditions under which retirement
pensions may be given to members of the Court and to the Registrar, and the conditions
under which members of the Court and the Registrar shall have their travelling expenses
- The above salaries, allowances, and compensation shall be free of all taxation.
The expenses of the Court shall be borne by the United Nations in such
a manner as shall be decided by the General Assembly.
CHAPTER II: COMPETENCE OF THE COURT
- Only states may be parties in cases before the Court.
- The Court, subject to and in conformity with its Rules, may request of public
international organizations information relevant to cases before it, and shall receive
such information presented by such organizations on their own initiative.
- Whenever the construction of the constituent instrument of a public international
organization or of an international convention adopted thereunder is in question in a case
before the Court, the Registrar shall so notify the public international organization
concerned and shall communicate to it copies of all the written proceedings.
- The Court shall be open to the states parties to the present Statute.
- The conditions under which the Court shall be open to other states shall, subject to the
special provisions contained in treaties in force, be laid down by the Security Council,
but in no case shall such conditions place the parties in a position of inequality before
- When a state which is not a Member of the United Nations is a party to a case, the Court
shall fix the amount which that party is to contribute towards the expenses of the Court.
This provision shall not apply if such state is bearing a share of the expenses of the
- The jurisdiction of the Court comprises all cases, which the parties refer to it and all
matters specially provided for in the Charter of the United Nations or in treaties and
conventions in force.
- The states parties to the present Statute may at any time declare that they recognize as
compulsory ipso facto and without special agreement, in relation to any other state
accepting the same obligation, the jurisdiction of the Court in all legal disputes
- the interpretation of a treaty;
- any question of international law;
- the existence of any fact which, if established, would constitute a breach of an
- the nature or extent of the reparation to be made for the breach of an international
- The declarations referred to above may be made unconditionally or on condition of
reciprocity on the part of several or certain states, or for a certain time.
- Such declarations shall be deposited with the Secretary-General of the United Nations,
who shall transmit copies thereof to the parties to the Statute and to the Registrar of
- Declarations made under Article 36 of the Statute of the Permanent Court of
International Justice and which are still in force shall be deemed, as between the parties
to the present Statute, to be acceptances of the compulsory jurisdiction of the
International Court of Justice for the period which they still have to run and in
accordance with their terms.
- In the event of a dispute as to whether the Court has jurisdiction, the matter shall be
settled by the decision of the Court.
Whenever a treaty or convention in force provides for reference of a
matter to a tribunal to have been instituted by the League of Nations, or to the Permanent
Court of International Justice, the matter shall, as between the parties to the present
Statute, be referred to the International Court of Justice.
- The Court, whose function is to decide in accordance with international law such
disputes as are submitted to it, shall apply:
- international conventions, whether general or particular, establishing rules expressly
recognized by the contesting states;
- international custom, as evidence of a general practice accepted as law;
- the general principles of law recognized by civilized nations;
- subject to the provisions of Article 59, judicial decisions and the teachings of the
most highly qualified publicists of the various nations, as subsidiary means for the
determination of rules of law.
- This provision shall not prejudice the power of the Court to decide a case ex aequo et
bono, if the parties agree thereto.
CHAPTER III: PROCEDURE
- The official languages of the Court shall be French and English. If the parties agree
that the case shall be conducted in French, the judgment shall be delivered in French. If
the parties agree that the case shall be conducted in English, the judgment shall be
delivered in English.
- In the absence of an agreement as to which language shall be employed, each party may,
in the pleadings, use the language which it prefers; the decision of the Court shall be
given in French and English. In this case the Court shall at the same time determine which
of the two texts shall be considered as authoritative.
- The Court shall, at the request of any party, authorize a language other than French or
English to be used by that party.
- Cases are brought before the Court, as the case may be, either by the notification of
the special agreement or by a written application addressed to the Registrar. In either
case the subject of the dispute and the parties shall be indicated.
- The Registrar shall forthwith communicate the application to all concerned.
- He shall also notify the Members of the United Nations through the Secretary-General,
and also any other states entitled to appear before the Court.
- The Court shall have the power to indicate, if it considers that circumstances so
require, any provisional measures which ought to be taken to preserve the respective
rights of either party.
- Pending the final decision, notice of the measures suggested shall forthwith be given to
the parties and to the Security Council
- The parties shall be represented by agents.
- They may have the assistance of counsel or advocates before the Court.
- The agents, counsel, and advocates of parties before the Court shall enjoy the
privileges and immunities necessary to the independent exercise of their duties.
- The procedure shall consist of two parts: written and oral.
- The written proceedings shall consist of the communication to the Court and to the
parties of memorials, counter-memorials and, if necessary, replies; also all papers and
documents in support.
- These communications shall be made through the Registrar, in the order and within the
time fixed by the Court.
- A certified copy of every document produced by one party shall be communicated to the
- The oral proceedings shall consist of the hearing by the Court of witnesses, experts,
agents, counsel, and advocates.
- For the service of all notices upon persons other than the agents, counsel, and
advocates, the Court shall apply direct to the government of the state upon whose
territory the notice has to be served.
- The same provision shall apply whenever steps are to be taken to procure evidence on the
The hearing shall be under the control of the President or, if he is
unable to preside, of the Vice-President; if neither is able to preside, the senior judge
present shall preside.
The hearing in Court shall be public, unless the Court shall decide
otherwise, or unless the parties demand that the public be not admitted .
- Minutes shall be made at each hearing and signed by the Registrar and the President.
- These minutes alone shall be authentic.
The Court shall make orders for the conduct of the case, shall decide
the form and time in which each party must conclude its arguments, and make all
arrangements connected with the taking of evidence.
The Court may, even before the hearing begins, call upon the agents to
produce any document or to supply any explanations. Formal note shall be taken of any
The Court may, at any time, entrust any individual, body, bureau,
commission, or other organization that it may select, with the task of carrying out an
enquiry or giving an expert opinion.
During the hearing any relevant questions are to be put to the
witnesses and experts under the conditions laid down by the Court in the rules of
procedure referred to in Article 30.
After the Court has received the proofs and evidence within the time
specified for the purpose, it may refuse to accept any further oral or written evidence
that one party may desire to present unless the other side consents.
- 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.
- The Court must, before doing so, satisfy itself, not only that it has jurisdiction in
accordance with Articles 36 and 37, but also that the claim is well founded in fact and
- When, subject to the control of the Court, the agents, counsel, and advocates have
completed their presentation of the case, the President shall declare the hearing closed.
- The Court shall withdraw to consider the judgment.
- The deliberations of the Court shall take place in private and remain secret.
- All questions shall be decided by a majority of the judges present.
- In the event of an equality of votes, the President or the judge who acts in his place
shall have a casting vote.
- The judgment shall state the reasons on which it is based.
- It shall contain the names of the judges who have taken part in the decision.
If the judgment does not represent in whole or in part the unanimous
opinion of the judges, any judge shall be entitled to deliver a separate opinion.
The judgment shall be signed by the President and by the Registrar. It
shall be read in open court, due notice having been given to the agents.
The decision of the Court has no binding force except between the
parties and in respect of that particular case.
The judgment is final and without appeal. In the event of dispute as to
the meaning or scope of the judgment, the Court shall construe it upon the request of any
- An application for revision of a judgment may be made only when it is based upon the
discovery of some fact of such a nature as to be a decisive factor, which fact was, when
the judgment was given, unknown to the Court and also to the party claiming revision,
always provided that such ignorance was not due to negligence.
- The proceedings for revision shall be opened by a judgment of the Court expressly
recording the existence of the new fact, recognizing that it has such a character as to
lay the case open to revision, and declaring the application admissible on this ground.
- The Court may require previous compliance with the terms of the judgment before it
admits proceedings in revision.
- The application for revision must be made at latest within six months of the discovery
of the new fact.
- No application for revision may be made after the lapse of ten years from the date of
- Should a state consider that it has an interest of a legal nature which may be affected
by the decision in the case, it may submit a request to the Court to be permitted to
- It shall be for the Court to decide upon this request.
- Whenever the construction of a convention to which states other than those concerned in
the case are parties is in question, the Registrar shall notify all such states forthwith.
- Every state so notified has the right to intervene in the proceedings; but if it uses
this right, the construction given by the judgment will be equally binding upon it.
Unless otherwise decided by the Court, each party shall bear its own
CHAPTER IV: ADVISORY OPINIONS
- The Court may give an advisory opinion on any legal question at the request of whatever
body may be authorized by or in accordance with the Charter of the United Nations to make
such a request.
- Questions upon which the advisory opinion of the Court is asked shall be laid before the
Court by means of a written request containing an exact statement of the question upon
which an opinion is required, and accompanied by all documents likely to throw light upon
- The Registrar shall forthwith give notice of the request for an advisory opinion to all
states entitled to appear before the Court.
- The Registrar shall also, by means of a special and direct communication, notify any
state entitled to appear before the Court or international organization considered by the
Court, or, should it not be sitting, by the President, as likely to be able to furnish
information on the question, that the Court will be prepared to receive, within a time
limit to be fixed by the President, written statements, or to hear, at a public sitting to
be held for the purpose, oral statements relating to the question.
- Should any such state entitled to appear before the Court have failed to receive the
special communication referred to in paragraph 2 of this Article, such state may express a
desire to submit a written statement or to be heard; and the Court will decide.
- States and organizations having presented written or oral statements or both shall be
permitted to comment on the statements made by other states or organizations in the form,
to the extent, and within the time limits which the Court, or, should it not be sitting,
the President, shall decide in each particular case. Accordingly, the Registrar shall in
due time communicate any such written statements to states and organizations having
submitted similar statements.
The Court shall deliver its advisory opinions in open court, notice
having been given to the Secretary-General and to the representatives of Members of the
United Nations, of other states and of international organizations immediately concerned.
In the exercise of its advisory functions the Court shall further be
guided by the provisions of the present Statute which apply in contentious cases to the
extent to which it recognizes them to be applicable.
CHAPTER V: AMENDMENT
Amendments to the present Statute shall be effected by the same
procedure as is provided by the Charter of the United Nations for amendments to that
Charter, subject however to any provisions which the General Assembly upon recommendation
of the Security Council may adopt concerning the participation of states which are parties
to the present Statute but are not Members of the United Nations.
The Court shall have power to propose such amendments to the present
Statute as it may deem necessary, through written communications to the Secretary-General,
for consideration in conformity with the provisions of Article 69.