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69-847: Recipients of the scholarship include a president of the International Court of Justice ; former chairman and CEO of Salomon Brothers ; a former Vice-Chancellor of the University of Cambridge ; the controller of BBC Radio 4 ; the editor of the Sunday Times ; former directors of the Medical Research Council , the London School of Economics and the General Medical Council ; and a vice president of Microsoft . The Commonwealth Fund

138-811: A candidate, and British judge Sir Christopher Greenwood being withdrawn as a candidate for election for a second nine-year term on the bench in 2017, leaving no judges from the United Kingdom on the court. Greenwood had been supported by the UN Security Council but failed to get a majority in the UN General Assembly. Indian judge Dalveer Bhandari took the seat instead. Article 6 of the Statute provides that all judges should be "elected regardless of their nationality among persons of high moral character" who are either qualified for

207-661: A further category of Dominion Civil Service Fellowships was established. The awards were tenable from nine to fifteen months and candidates were to be under the age of 40. In 1961 the Fellowships were renamed the Harkness Fellowships. In addition to the Civil Service Fellowships, a new category of General Fellowships was set up, open to people in the fields of business, banking, politics, creative arts and journalism. The maximum tenure period

276-589: A general international organization, based on the principle of the sovereign equality of all peace-loving States, and open to membership by all such States, large and small, for the maintenance of international peace and security". The following Allied conference at Dumbarton Oaks , in the United States, published a proposal in October 1944 that called for the establishment of an intergovernmental organization that would include an international court. A meeting

345-479: A later convention. The Hague Peace Conferences, and the ideas that emerged therefrom, influenced the creation of the Central American Court of Justice , which was established in 1908 as one of the earliest regional judicial bodies. Various plans and proposals were made between 1911 and 1919 for the establishment of an international judicial tribunal, which would not be realized in the formation of

414-683: A marked reluctance on the part of a majority of the court to become involved in a dispute in such a way as to bring it potentially into conflict with the Council. The court stated in the Nicaragua case that there is no necessary inconsistency between action by the Security Council and adjudication by the ICJ. However, when there is room for conflict, the balance appears to be in favour of the Security Council. Should either party fail "to perform

483-778: A new international system following the First World War . The unprecedented bloodshed of the First World War led to the creation of the League of Nations , established by the Paris Peace Conference of 1919 as the first worldwide intergovernmental organization aimed at maintaining peace and collective security. Article 14 League's Covenant called for the establishment of a Permanent Court of International Justice (PCIJ), which would be responsible for adjudicating any international dispute submitted to it by

552-736: A panel of 15 judges elected by the UN General Assembly and Security Council for nine-year terms. No more than one judge of each nationality may be represented on court at the same time, and judges collectively must reflect the principal civilizations and legal systems of the world. Seated in the Peace Palace in The Hague , Netherlands, the ICJ is the only principal UN organ not located in New York City . Its official working languages are English and French. Since

621-621: A principal organ of the new United Nations. The statute of this court would form an integral part of the United Nations Charter , which, to maintain continuity, expressly held that the Statute of the International Court of Justice (ICJ) was based upon that of the PCIJ. Consequently, the PCIJ convened for the last time in October 1945 and resolved to transfer its archives to its successor, which would take its place at

690-406: A professional nature." In addition, Article 17 requires that judges do not show any prior biases on cases before them, specifically, "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." Judges of

759-526: A request, the court decides which states and organizations might provide useful information and gives them an opportunity to present written or oral statements. Advisory opinions were intended as a means by which UN agencies could seek the court's help in deciding complex legal issues that might fall under their respective mandates. In principle, the court's advisory opinions are only consultative in character but they are influential and widely respected. Certain instruments or regulations can provide in advance that

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828-424: A state knows that it will have a judicial officer who can participate in deliberation and offer other judges local knowledge and an understanding of the state's perspective, it may be more willing to submit to the jurisdiction of the court. Although this system does not sit well with the judicial nature of the body, it is usually of little practical consequence. Ad hoc judges usually (but not always) vote in favour of

897-579: A unanimous vote of the other members of the court. Despite these provisions, the independence of ICJ judges has been questioned. For example, during the Nicaragua case , the United States issued a communiqué suggesting that it could not present sensitive material to the court because of the presence of judges from the Soviet bloc. Judges may deliver joint judgments or give their own separate opinions. Decisions and advisory opinions are by majority, and, in

966-749: Is a philanthropic foundation established in the United States by Anna Harkness in 1918. Her son, Edward Stephen Harkness , initiated the Commonwealth Fund Fellowships in 1925. These were intended to reciprocate the Rhodes Scholarships by enabling British graduates to study in the United States. In 1927 the scheme was widened by the creation of Dominion Fellowships available to graduates from universities in Australia, New Zealand, Canada and South Africa. In 1929

1035-403: Is entitled to participate in cases before the court. However, being a party to the statute does not automatically give the court jurisdiction over disputes involving those parties. The issue of jurisdiction is considered in the three types of ICJ cases: contentious issues, incidental jurisdiction, and advisory opinions. In contentious cases (adversarial proceedings seeking to settle a dispute),

1104-755: The Second World War , the League and the PCIJ were replaced by the United Nations and ICJ, respectively. The Statute of the ICJ , which sets forth its purpose and structure, draws heavily from that of its predecessor, whose decisions remain valid. All member states of the UN are party to the ICJ Statute and may initiate contentious legal cases ; however, advisory proceedings may be submitted only by certain UN organs and agencies . The ICJ consists of

1173-600: The UN Security Council from a list of people nominated by the national groups in the Permanent Court of Arbitration . The election process is set out in Articles 4–19 of the ICJ Statute. Elections are staggered, with five judges elected every three years to ensure continuity within the court. Should a judge die in office, the practice has generally been to elect a judge in a special election to complete

1242-625: The United Kingdom . They are tenable for twelve months. Harkness Fellows in Health Care Policy & Practice spend a year conducting research at American institutions such as Harvard University , Brigham and Women's Hospital , Columbia University , Stanford University , Johns Hopkins University , Kaiser Permanente , or the Veterans Health Administration . They gain an in-depth understanding of

1311-669: The United Nations General Assembly . As of 2015, neither the UN General Assembly non-member observer states, namely the State of Palestine and the Holy See , nor any other states are parties to the statute under these provisions. Switzerland (1948-2002), Liechtenstein (1950-1990), San Marino (1954-1992), Japan (1954-1956), and Nauru (1988-1999) were all parties to the Statute prior to becoming UN member states. This United Nations –related article

1380-547: The World Court , is the only international court that adjudicates general disputes between nations, and gives advisory opinions on international legal issues. It is one of the six organs of the United Nations (UN), and is located in The Hague, Netherlands . The ICJ is the successor of the Permanent Court of International Justice (PCIJ), which was established in 1920 by the League of Nations . After

1449-606: 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." The 69 Articles are grouped in 5 Chapters: Article 38.1 lists sources that the court may apply to decide a case, including: treaties , customary international law , general principles of law , and (as subsidiary means) judicial decisions and academic writing. These sources are qualified by Article 59 which states that ICJ decisions are binding only to

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1518-495: The General Assembly or the Security Council the power to request the court to issue an advisory opinion on any legal question. Organs of the UN other than the General Assembly or the Security Council require the General Assembly's authorization to request an advisory opinion of the ICJ. These organs of the UN only request an advisory opinion regarding the matters that fall within the scope of their activities. On receiving

1587-601: The ICJ The Statute of the International Court of Justice is an integral part of the United Nations Charter , as specified by Chapter XIV of the United Nations Charter , which established the International Court of Justice (replacing the Permanent Court of International Justice ). The Statute is divided into 5 chapters and consists of 70 articles. The Statute begins with Article 1 proclaiming: "The international Court of Justice established by

1656-556: The ICJ and the Security Council , and the separation of their powers, was considered by the court in 1992 in the Pan Am case . The court had to consider an application from Libya for the order of provisional measures of protection to safeguard its rights, which, it alleged, were being infringed by the threat of economic sanctions by the United Kingdom and United States. The problem was that these sanctions had been authorized by

1725-449: The ICJ produces a binding ruling between states that agree to submit to the ruling of the court. Only states may be parties in contentious cases; individuals, corporations, component parts of a federal state, NGOs, UN organs, and self-determination groups are excluded from direct participation, although the court may receive information from public international organizations . However, this does not preclude non-state interests from being

1794-566: The ICJ, the PCIJ was not part of the league, nor were members of the league automatically a party to its Statute. The United States, which played a key role in both the second Hague Peace Conference and the Paris Peace Conference, was notably not a member of the league. However, several of its nationals served as judges of the court. From its first session in 1922 until 1940, the PCIJ dealt with 29 interstate disputes and issued 27 advisory opinions. The court's widespread acceptance

1863-439: The International Court of Justice , similar to that of its predecessor, is the main constitutional document constituting and regulating the court. The court's workload covers a wide range of judicial activity. After the court ruled that the United States 's covert war against Nicaragua was in violation of international law ( Nicaragua v. United States ), the United States withdrew from compulsory jurisdiction in 1986 to accept

1932-514: The International Court of Justice are entitled to the style of His/Her Excellency. Judges are not able to hold any other post or act as counsel. In practice, members of the court have their own interpretation of these rules and many have chosen to remain involved in outside arbitration and hold professional posts as long as there is no conflict of interest. Former judge Bruno Simma and current judge Georg Nolte have acknowledged that moonlighting should be restricted. A judge can be dismissed only by

2001-668: The Peace Palace. The judges of the PCIJ all resigned on 31 January 1946, with the election of the first members of the ICJ taking place the following February at the First Session of the United Nations General Assembly and Security Council . In April 1946, the PCIJ was formally dissolved, and the ICJ, in its first meeting, was elected President José Gustavo Guerrero of El Salvador, who had served as

2070-474: The Security Council, which resulted in a potential conflict between the Chapter VII functions of the Security Council and the judicial function of the court. The court decided, by eleven votes to five, that it could not order the requested provisional measures because the rights claimed by Libya, even if legitimate under the 1971 Montreal Convention , could not be prima facie regarded as appropriate since

2139-624: The U.S. health care system and policy challenges, enhance their research skills, and develop contacts and opportunities for ongoing international collaboration. In addition, Fellows attend a program of seminars during the year: The programme is funded and administered by the Commonwealth Fund of New York City , with additional support for some Fellows coming from external bodies, namely: International Court of Justice The International Court of Justice ( ICJ ; French: Cour internationale de justice , CIJ ), or colloquially

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2208-460: The action was ordered by the Security Council. In accordance with Article 103 of the UN Charter, obligations under the Charter took precedence over other treaty obligations. Nevertheless, the court declared the application admissible in 1998. A decision on the merits has not been given since the parties (United Kingdom, United States, and Libya) settled the case out of court in 2003. There was

2277-421: The advisory opinion shall be specifically binding on particular agencies or states, but inherently they are non-binding under the Statute of the court. This non-binding character does not mean that advisory opinions are without legal effect, because the legal reasoning embodied in them reflects the court's authoritative views on important issues of international law. In arriving at them, the court follows essentially

2346-558: The bench. In 2023, judges elected to take office from 2024 did not include a Russian member, so for the first time, from 2024 there will be no member from the Commonwealth of Independent States . This is also the first time that Russia would not have a judge on the ICJ, even going back to its predecessor, the Soviet Union. Article 31 of the statute sets out a procedure whereby ad hoc judges sit on contentious cases before

2415-465: The case unless the court appointed judges to the chamber acceptable to the parties. Judgments of chambers may have either less authority than full Court judgments or diminish the proper interpretation of universal international law informed by a variety of cultural and legal perspectives. On the other hand, the use of chambers might encourage greater recourse to the court and thus enhance international dispute resolution . As of 6 February 2024 ,

2484-456: The composition of the court is as follows: As stated in Article 93 of the UN Charter, all 193 UN members are automatically parties to the court's statute. Non-UN members may also become parties to the court's statute under the Article 93(2) procedure, which was used by Switzerland in 1948 and Nauru in 1988, prior to either joining the UN. Once a state is a party to the court's statute, it

2553-502: The contesting parties, as well as to provide an advisory opinion upon any dispute or question referred to it by the League of Nations. In December 1920, following several drafts and debates, the Assembly of the league unanimously adopted the statute of the PCIJ, which was signed and ratified the following year by a majority of members. Among other things, the new Statute resolved the contentious issues of selecting judges by providing that

2622-399: The court may have jurisdiction on the basis of tacit consent ( forum prorogatum ). In the absence of clear jurisdiction under Article 36, jurisdiction is established if the respondent accepts ICJ jurisdiction explicitly or simply pleads on the merits . This arose in the 1949 Corfu Channel Case (U.K. v. Albania), in which the court held that a letter from Albania stating that it submitted to

2691-483: The court to indicate interim measures. Incidental jurisdiction of the court derives from the Article 41 of its Statute. Similar to the final judgment, the order for interim measures of the court are binding on state parties to the dispute. The ICJ has competence to indicate interim measures only if the prima facie jurisdiction is satisfied. An advisory opinion is a function of the court open only to specified United Nations bodies and agencies. The UN Charter grants

2760-489: The court's decision before the Security Council. Furthermore, if the Security Council refuses to enforce a judgment against any other state, there is no method of forcing the state to comply. Furthermore, the most effective form to take action for the Security Council, coercive action under Chapter VII of the United Nations Charter , can be justified only if international peace and security are at stake. The Security Council has never done that so far. The relationship between

2829-736: The court's history, the five permanent members of the United Nations Security Council (France, USSR, China, the United Kingdom, and the United States) have always had a judge serving, thereby occupying three of the Western seats, one of the Asian seats and one of the Eastern European seats. Exceptions have been China not having a judge on the court from 1967 to 1985, during which time it did not put forward

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2898-568: The court's judgment that called on the US to "cease and to refrain" from the "unlawful use of force" against the government of Nicaragua. The court ruled (with only the American judge dissenting) that the United States was "in breach of its obligation under the Treaty of Friendship with Nicaragua not to use force against Nicaragua" and ordered the United States to pay war reparations . Statute of

2967-419: The court's jurisdiction only on a discretionary basis. Chapter XIV of the United Nations Charter authorizes the UN Security Council to enforce Court rulings. However, such enforcement is subject to the veto power of the five permanent members of the council, which the United States used in the Nicaragua case. The ICJ is composed of fifteen judges elected to nine-year terms by the UN General Assembly and

3036-433: The court. The system allows any party to a contentious case (if it otherwise does not have one of that party's nationals sitting on the court) to select one additional person to sit as a judge on that case only. It is thus possible that as many as seventeen judges may sit on one case. The system may seem strange when compared with domestic court processes, but its purpose is to encourage states to submit cases. For example, if

3105-458: The entry of its first case on 22 May 1947, the ICJ has entertained 191 cases through 13 November 2023. Pursuant to Article 59 of the Statute of the International Court of Justice , the court's rulings and opinions are binding on the parties with respect to the particular case ruled on by the court. The first permanent institution established for the purpose of settling international disputes

3174-683: The event of an equal division, the president's vote becomes decisive, which occurred in the Legality of the Use by a State of Nuclear Weapons in Armed Conflict (Opinion requested by WHO), [1996] ICJ Reports 66. Judges may also deliver separate dissenting opinions. In its 77 years of history, only five women have been elected to the Court, with former UN Special Rapporteur Philip Alston calling for states to take seriously questions of representation in

3243-466: The formation of ad hoc chambers to hear particular disputes. In 1993, a special chamber was established, under Article 26(1) of the ICJ statute, to deal specifically with environmental matters (although it has never been used). Ad hoc chambers are more frequently convened. For example, chambers were used to hear the Gulf of Maine Case (Canada/US). In that case, the parties made clear they would withdraw

3312-445: The highest judicial office in their home states or known as lawyers with sufficient competence in international law. Judicial independence is dealt with specifically in Articles 16–18. To insure impartiality, Article 16 of the Charter requires independence from their national governments or other interested parties, stating, "No member of the Court may exercise any political or administrative function, or engage in any other occupation of

3381-517: The institutional and procedural framework for arbitral proceedings, which would take place in The Hague, Netherlands . Although the proceedings would be supported by a permanent bureau—whose functions would be equivalent to that of a secretariat or court registry—the arbitrators would be appointed by the disputing states from a larger pool provided by each member of the convention. The PCA was established in 1900 and began proceedings in 1902. A second Hague Peace Conference in 1907, which involved most of

3450-435: The issue may be taken before the Security Council for enforcement action. There are obvious problems with such a method of enforcement. If the judgment is against one of the five permanent members of the Security Council or its allies, any resolution on enforcement could then be vetoed by that member. That occurred, for example, after the Nicaragua case , when Nicaragua brought the issue of the United States' noncompliance with

3519-492: The judges be elected by both the council and the Assembly of the league concurrently but independently. The makeup of the PCIJ would reflect the "main forms of civilization and the principal legal systems of the world". The PCIJ would be permanently placed at the Peace Palace in The Hague, alongside Permanent Court of Arbitration. The PCIJ represented a major innovation in international jurisprudence in several ways: Unlike

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3588-490: The jurisdiction of the ICJ was sufficient to grant the court jurisdiction. Until rendering a final judgment, the court has competence to order interim measures for the protection of the rights of a party to a dispute. One or both parties to a dispute may apply the ICJ for issuing interim measures. In the Frontier Dispute Case, both parties to the dispute, Burkina Faso and Mali , submitted an application to

3657-624: The last president of the PCIJ. The court also appointed members of its Registry, mainly drawn from that of the PCIJ, and held an inaugural public sitting later that month. The first case was submitted in May 1947 by the United Kingdom against Albania concerning incidents in the Corfu Channel . Established in 1945 by the UN Charter , the court began work in 1946 as the successor to the Permanent Court of International Justice . The Statute of

3726-439: The obligations incumbent upon it under a judgment rendered by the Court", the Security Council may be called upon to "make recommendations or decide upon measures" if the Security Council deems such actions necessary. In practice, the court's powers have been limited by the unwillingness of the losing party to abide by the court's ruling and by the Security Council's unwillingness to impose consequences. However, in theory, "so far as

3795-442: The parties in that case, and Article 38.2 which allows the court to decide a case ex aequo et bono if the parties agree thereto. All 193 UN member states are parties to the Statute by virtue of their ratification of the UN Charter. Under Article 93(2) of the UN Charter, states which are not a member of the UN may become a party to the Statute, subject to the recommendation of the United Nations Security Council and approval of

3864-484: The parties to the case are concerned, a judgment of the Court is binding, final and without appeal", and "by signing the Charter, a State Member of the United Nations undertakes to comply with any decision of the International Court of Justice in a case to which it is a party." For example, the United States had previously accepted the court's compulsory jurisdiction upon its creation in 1946 but in 1984, after Nicaragua v. United States , withdrew its acceptance following

3933-452: The precise meaning of "main forms of civilization" is contested. There is an informal understanding that the seats will be distributed by geographic regions so that there are five seats for Western countries, three for African states (including one judge of Francophone civil law, one of Anglophone common law and one Arab), two for Eastern European states, three for Asian states and two for Latin American and Caribbean states. For most of

4002-402: The same rules and procedures that govern its binding judgments delivered in contentious cases submitted to it by sovereign states. An advisory opinion derives its status and authority from the fact that it is the official pronouncement of the principal judicial organ of the United Nations. Advisory opinions have often been controversial because the questions asked are controversial or the case

4071-400: The state that appointed them and thus cancel each other out. Generally, the court sits as full bench, but in the last fifteen years, it has on occasion sat as a chamber. Articles 26–29 of the statute allow the court to form smaller chambers, usually 3 or 5 judges, to hear cases. Two types of chambers are contemplated by Article 26: firstly, chambers for special categories of cases, and second,

4140-423: The subject of proceedings; for example, a state may bring a case on behalf of one of its nationals or corporations, such as in matters concerning diplomatic protection. Jurisdiction is often a crucial question for the court in contentious cases. The key principle is that the ICJ has jurisdiction only on the basis of consent. Under Article 36, there are four foundations for the court's jurisdiction: Additionally,

4209-510: The term. Historically, deceased judges have been replaced by judges from the same region, though not —as often wrongly asserted— necessarily from the same nationality. Article 3 states that no two judges may be nationals of the same country. According to Article 9, the membership of the court is supposed to represent the "main forms of civilization and of the principal legal systems of the world". This has been interpreted to include common law , civil law , socialist law , and Islamic law , while

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4278-688: The two-thirds majority in the Senate required for a treaty. Following a peak of activity in 1933, the PCIJ began to decline in its activities due to the growing international tension and isolationism that characterized the era. The Second World War effectively put an end to the court, which held its last public session in December 1939 and issued its last orders in February 1940. In 1942 the United States and United Kingdom jointly declared support for establishing or re-establishing an international court after

4347-503: The war, and in 1943, the U.K. chaired a panel of jurists from around the world, the "Inter-Allied Committee", to discuss the matter. Its 1944 report recommended that: Several months later at the Moscow conference in 1943 , the major Allied Powers— China , the USSR , the U.K. , and the U.S. —issued a joint declaration recognizing the necessity "of establishing at the earliest practicable date

4416-455: The world's sovereign states , revised the convention and enhanced the rules governing arbitral proceedings before the PCA. During this conference, the United States, Great Britain and Germany submitted a joint proposal for a permanent court whose judges would serve full-time. As the delegates could not agree how the judges would be selected, the matter was shelved pending an agreement to be adopted at

4485-477: Was extended to 21 months. Since June 1997, the activities of the Harkness Fellowships have been limited to the field of health care. The Fellowships are now considered one of the most prestigious award programs in health policy, and accept Fellows from Australia , Canada (known as Harkness Associates ), France, Germany , the Netherlands , New Zealand , Norway (as of 2009), Switzerland (as of 2009) and

4554-557: Was pursued as an indirect way of bringing what is really a contentious case before the court. Examples of advisory opinions can be found in the section advisory opinions in the List of International Court of Justice cases article. One such well-known advisory opinion is the Nuclear Weapons Case . Article 94 establishes the duty of all UN members to comply with decisions of the court involving them. If parties do not comply,

4623-511: Was reflected by the fact that several hundred international treaties and agreements conferred jurisdiction upon it over specified categories of disputes. In addition to helping resolve several serious international disputes, the PCIJ helped clarify several ambiguities in international law that contributed to its development. The United States played a major role in setting up the PCIJ but never joined. Presidents Wilson, Harding, Coolidge, Hoover, and Roosevelt all supported membership, but did not get

4692-645: Was subsequently convened in Washington, D.C., in April 1945, involving 44 jurists from around the world to draft a statute for the proposed court. The draft statute was substantially similar to that of the PCIJ, and it was questioned whether a new court should even be created. During the San Francisco Conference , which took place from 25 April to 26 June 1945 and involved 50 countries, it was decided that an entirely new court should be established as

4761-433: Was the Permanent Court of Arbitration (PCA), which was created by the Hague Peace Conference of 1899. Initiated by the Russian Tsar Nicholas II , the conference involved all the world's major powers, as well as several smaller states, and resulted in the first multilateral treaties concerned with the conduct of warfare. Among these was the Convention for the Pacific Settlement of International Disputes , which set forth

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