The International Court of Justice (ICJ) was established in 1945 by the Charter of the United Nations as the principal judicial organ (Art. 7, UN Charter). Its role in the fulfillment of the purposes of the UN is “to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace” (Art. 1, UN Charter). To this end it settles legal disputes submitted to it by States (contentious procedure) and gives advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies (advisory procedure). It functions in accordance with its Statute which forms an integral part of the Charter (Art. 92, UN Charter). The ICJ is composed of 15 judges who are elected by the General Assembly and the Security Council for a nine year term of office. It has its seat in the Peace Palace at The Hague, The Netherlands.
This Research Guide is intended as a starting point for research on the International Court of Justice. It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library’s classification index codes 189c. International Court of Justice and 189d. Activities of the International Court of Justice and subject heading (keyword) International Court of Justice are instrumental for searching through the Catalogue. Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.
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Some recent contentious issues about the use of evidence in cases before the International Court of Justice have highlighted the importance of fact-finding and the use of evidence before this Court. This major study by the British Institute of International and Comparative Law on the issue of evidence before the International Court of Justice has examined all aspects of the Court’s relationship with facts in detail, in both contentious and advisory proceedings, from the recently refined procedure for submitting late evidence, to the hearing of live witness testimony in the Peace Palace. Considerations of flexibility and respect for the sovereignty of the State Parties before it have traditionally deterred the Court from constructing concrete rules on matters of evidence, but the increasing numbers of cases in which a thorough consideration of the facts has been essential has highlighted that some detailed procedural guidance is necessary in order to ensure a well-functioning system of adjudication. It is apparent that the Court has paid an incerasing amount of attention to its evidentiary proceedings as a result, often encountering difficulties in the inherent tensions between the common and civil law traditions and thus a divergence of opinions on the Bench. This book examines the history and development of the treatment of evidence since the early days of the PCIJ up to the recent Nicaragua v Honduras judgment, critically analysing the Statute and Rules of the Court, dicta from judgments and separate and dissenting opinions, the newly developed Practice Directions and academic writings on the subject. It aims not only to provide an academic discussion of the subject, but also to act as a guide to practitioners appearing before the Court.
Riddell, A. and B. Plant, 2009Counterclaims, the right of a State sued by another State to bring its own counter-suit in the course of the same trial, may offer an opportunity to mitigate the effects of the original suit and help to resolve disputes between States that have more than one aspect. In recent years, counterclaims have been frequently presented at the International Court of Justice (ICJ). This book examines the counterclaims presented at the ICJ and at its predecessor, the Permanent Court of International Justice (PCIJ), during its 65 years of existence. It is the first study that focuses exclusively on the subject of counterclaims. It analyses the evolution of the germane provisions in the PCIJ and ICJ Rules of Procedure and the practice of the Court, especially in light of the relevant case-law of the ICJ. A useful source for academics and practitioners in International law.
Antonopoulos, C., 2011Interview with Prof. Rosalyn Higgins by Ingrid Kost & Otto Spijkers, on 1 December 2011, at the Peace Palace. We spoke about her time as President of the International Court of Justice, the relationship between the Peace Palace Library and the Court, and the difference between men and women.
Read moreIn 1986, the International Court of Justice issued its judgment on the merits in a dispute between Nicaragua and the United States of America. Twenty-five years later, members of the legal teams of both Nicaragua and the United States faced each other once again in the Peace Palace.
Read moreThere is no prospect of resolving the decades-old conflict between Morocco and the Sahrawi independence movement Polisario on the future of Western Sahara. The Secretary-General of the United Nations, Mr. Ban Ki-moon, came to this conclusion in a gloomy report, dated 6 April 2010, to the Security Council. Ban Ki-moon reported that “it is clear [...]
Read moreThe Hague, 29 July 2009. The International Court of Justice (ICJ) announced that it will hold public hearings starting on 1 December 2009 on the question of Kosovo’s unilateral declaration of independence early last year. The United Nations and individual Member States will be able to present oral statements and comments at the ICJ’s headquarters [...]
Read moreOn Tuesday 3 February 2009 the International Court of Justice (ICJ) rendered its Judgment in the case concerning Maritime Delimitation in the Black Sea (Romania v. Ukraine). A public sitting took place at 10 a.m. at the Peace Palace in The Hague, during which the President of the Court, Judge Rosalyn Higgins, read the Court’s [...]
Read moreOn Monday, 11 August, the Council of the European Union (EU) issued a declaration on the execution of Mexican national José Medellín in Texas last week.
Read moreLate Tuesday night, 5 August, the State of Texas executed José Ernesto Medellín, despite a call from the UN Secretary-General urging the United States (US) not to go ahead with the execution and to respect the judgements of the International Court of Justice (ICJ).
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Evidence before the International Court of Justice / , 2009
Counterclaims before the International Court of Justice / , 2011
La Cour internationale de Justice, 1946-1996 / , 1999
The Statute of the International Court of Justice : A Commentary / , 2006
The Law and Practice of the International Court, 1920-2005 / , 2006, 4 vols.
Reports of Judgments, Advisory Opinions and Orders / , 1949 - ...
