ICJ — International Court of Justice — KSLU Pil Notes

ICJ — International Court of Justice

flowchart TD
    ICJ[ICJ - The Hague - Principal Judicial Organ of UN] --> CONT[Contentious Jurisdiction]
    ICJ --> ADV[Advisory Jurisdiction]
    CONT --> C1[Only States can be parties - not individuals or IOs]
    CONT --> C2[Consent-based - both parties must agree]
    CONT --> C3[Judgment is final and binding - Art 59 - only between parties]
    CONT --> OC[Optional Clause - Art 36-2 - Compulsory jurisdiction if both have accepted]
    ADV --> A1[UN organs and specialised agencies can request]
    ADV --> A2[Opinion is NOT legally binding]
    ADV --> A3[Carries great moral authority - Nuclear Weapons 1996]

Feature	Contentious Cases	Advisory Opinions
Who can bring	States only	UN organs and specialised agencies
Consent needed	Yes — both parties	No — UNGA/UNSC simply requests
Binding?	Yes — on parties	No — advisory only
Example	Corfu Channel (UK v Albania)	Legality of Nuclear Weapons (1996)

Basis of ICJ Jurisdiction

Special agreement (compromis) — both States agree to submit the dispute
Optional clause (Art 36(2)) — States file unilateral declarations accepting compulsory jurisdiction
Treaty clause — specific treaties confer ICJ jurisdiction (e.g., Genocide Convention)
Forum prorogatum — a State’s conduct implies acceptance after proceedings begin