ARTHUR W. DIAMOND LAW LIBRARY
The International Court of Justice. Research Guide

Written by Dana Neacşu
Last Updated January 23, 2008

 Table of Contents

International Law and International Jurisdiction

At the end of the 19^th century, governments met at the First Peace Conference at The Hague and decided to codify international law in treaties. Furthermore, they reached an agreement to establish the first permanent international court, the Permanent Court of Arbitration. However, as arbitration brings with it an air of ad hoc exceptional solutions, the international community soon decided to move towards international adjudication, where a court would implement international law. Article 14 of the Covenant of the League of Nations provided for the creation of a judicial body entrusted with two kinds of jurisdiction: contentious and advisory were clearly envisaged. In 1921, the predecessor of the International Court of Justice (ICJ), the Permanent Court of International Justice (PCIJ) materialized.  The PCIJ was dissolved in 1946 at the same time as the League of Nations.

The ICJ is an organ of the United Nations and the Statute of the International Court of Justice forms an integral part of the Charter of the United Nations. The court has functioned since 1945. It does not have compulsory international jurisdiction, and its main function remains to decide in accordance with international law all disputes submitted to it (Article 38).

Of course, the ICJ is not the only international court, there are many regional international courts, such as the European Court of Human Rights (ECHR), and there are many specialized international courts, such as the International Criminal Court (ICC). Additionally, the ICJ, is not the only court that applies international law. Today, more and more national courts choose to apply international law for crimes that are defined according to the principles of international law. However, the ICJ remains the only court that continues the tradition of the Permanent Court of securing “the pacific settlement of international disputes.” (Guerrero, 1946).

Research Resources & Tools

In Print at Columbia

2nd Floor – JX1975.A5 W89
World Court Reports: A Collection of the Judgments, Orders, and Opinions of the Permanent Court of International Justice (Hudson, Manley and Bacon, Ruth eds)
This publication in four volumes cover the PCIJ’s jurisdiction from 1922 through 1942.

2nd Fl Microfilm Cabinet 48 -- JX1975.A5 P91
Publications of the Permanent Court of International Justice
It contains judgments (Series A), advisory opinions (Series B), orders (A/B), pleadings, oral statements, (Series C), acts, and documents regarding the organization of the court (Series D) and annual reports (Series E). Our library has  Series A, no. 1-24 (1923-30); Series B, no. 1-18 (1922-30); Series A/B, no. 40-80 (1931-40); Series C, no. 1-19, 52-88 (1922-39); Series D, no. 1-6; Series E, no. 1-16 (1922-45); Series F, no. 1-4.

2nd Floor – JX1976.C5 Am76 2003
Amr, Mohamed Sameh M. The Role of the International Court of Justice as the Principle Judicial Organ of the United Nations. (2003)
Published by Kluwer Law International, this is a concise overview of the role of the ICJ within the international community, and especially of its function of dispensing both advisory and contentious adjudication.

Online at Columbia

World Court Reports: A Collection of the Judgments, Orders, and Opinions of the Permanent Court of International Justice (Hudson, Manley and Bacon, Ruth eds) is also available from Hein onLine, through the Foreign and International Law Resources Database. Hein onLine is available from Pegasus (go to E-Resources drop-down menu and choose the 1st entry).

Online

International Court of Justice. Official Web Site.

Research Guides

HLS Library. ICJ and the PCIJ Research Guide. (2004)

Vincent Moyer, & Julie Horst.  Research Guide - International Court of Justice (April 2005)

The International Court of Justice (ICJ). Overview

The International Court of Justice (ICJ) was established in 1945. It sits at The Hague, in the Netherlands, and acts as a world court in view of the customary international norm which states that all states “shall settle their international disputes by peaceful means in such a manner that  international peace and security, and justice, are not endangered.” Article 2(3) of the Charter of the United Nations.

According to Article 34 of the ICJ Statute, only states may be parties in cases before the court. "The Court has a dual role: to settle in accordance with international law the legal disputes submitted to it by States, and to give advisory opinions on legal questions referred to it by duly authorized international organs and agencies." Individuals do not have access to the court. International organizations may seek advisory opinions. Although a state does not need to be a member of the UN to bring a case before the court, if it chooses to bring such a case it must comply with the decision of the Court and accept all the obligations of a member.

The basis of the Court’s jurisdiction in contentious cases is given by the State party’s consent (Art 36 of the Statute. However, in light of declarations made under Article 36 of the Statute, for the parties to the Statute, the ICJ’s jurisdiction has been described as being compulsory. The ICJ jurisdiction ratione materiae is also regulated by its Statute and it covers legal disputes concerning:

a)      the interpretation of a treaty;

b)      any question of international law;

c)      the existence of any fact which, if established would constitute a breach of an international obligation;

d)      the nature or extent of the reparation to be made for the breach of an international obligation.

The Court’s advisory jurisdiction is governed by Article 65 of its Statute and Article 96 of the Charter of the United Nations.

The ICJ consists of fifteen members. Members of the court serve for nine years. The members are elected by the General Assembly and the Security Council. To be elected, a candidate must obtain an absolute majority of votes in both the General Assembly and the Security Council.

Research Resources & Tools

In print at Columbia. Official Publications

2nd Floor -- JX1976.C2 P94
Charter of the United Nations, Statute and Rules of Court and Other Documents. This is a primer for any researcher interested in the ICJ. Each annual volume contains information on the ICJ’s composition, and proceedings. It also covers judgments delivered by the Court and summaries of the judgments delivered by the Grand Chamber in that year. The 2001 volume is the most recent one in our collection.

2^nd Fl-- JX1976.C2 B471
The Court’s Registrar. Bibliography of the International Court of Justice
The library has vol. 1 (1946) through vol. 51 (1997). This is a source of eclectic information about the ICJ, and among its lengthy and hard to decipher bibliographical lists is a list of the cases the Court hears each year.

2^nd Fl-- JX1976.C2 Y32
International Court of Justice. Yearbook
The library has all the volumes. The most recent one is from 2003. Until 1963 it also published the Court’s bibliographical lists. Every volume contains basic information about the procedure before the Court, its organization, and the cases the Court heard during that year.

In Print at Columbia. Unofficial Publications

3rd Floor Ref-- JX1977 Os5 2003
Osmanczyk, Edmund Jan. Encyclopedia of the United Nations and International Agreements
This reference source includes the text of the Statute of the International Court of Justice.

2^nd Floor -- JX1976.C5 In75
The International Court of Justice at a Crossroads. (Damrosch Lori Fisler, ed) (1987)

2^nd Floor -- JX1976.C5 In75
Eyffinger, Arthur. The International Court of Justice, 1946-1996
This is a must-take-first-step for any student of ICJ. Its ten chapters offer an impressive though easy to follow guide to the history, composition, jurisdiction, procedure and decisions of the Court.

2^nd Floor -- JX1976.C5 Sz13 1993
Renata Szafarz Compulsory Jurisdiction of the International Court of Justice
An excellent overview of the ICJ’s compulsory, compromis and ratione materiae jurisdiction.

2^nd Floor -- JX1910 Un3 no.84
Washington : U.S. G.P.O -- International Court of Justice, Selected Documents Relating to the Drafting of the Statute. (1946)
This volume comprises a selection of documents emanating from the meeting of the United Nations Committee of Jurists which was held in Washington from April 9 to April 20, 1945 and which formulated a draft statute for the proposed international court, as well as official comments related to the Statute and the Statute itself.

2nd Floor -- JX1976.C5 R742 2003
Shabtai Rosenne. Rosenne's The World Court: What It Is and How It Works.
This work contains an insightful overview of the Court’s role, the Rules, the Statute, a list of parties to the Statute, judicial statistics, and the composition of the Court from 1922 to date.

Online

The Official  Homepage of the International Court of Justice (ICJ).

Research Guides

The ICJ: The Procedure before the Court. How to Find the Court Rules

The Statute of the ICJ contains the relevant rules regarding the procedure before the Court: "Competence of the Court" (Arts. 34-38), "Procedure" (Arts. 39-64), "Advisory Opinions" (Arts. 65-68). 

Research Resources & Tools

In Print at Columbia.

2^nd Fl-- JX1976.C2 Y32
International Court of Justice. Yearbook
The library has all the volumes. The most recent one is from 2003. Until 1963 it also published the Court’s bibliographical lists. Every volume contains basic information about the procedure before the Court, its organization, and the cases the Court heard during that year.

2^nd Fl-- JX1976.C2 R726
Shabtai Rosenne. Procedure in the International Court. A Commentary on the 1978 Rules of the International Court of Justice (1983)
This fully indexed publication contains a commentary on the 1978 Rules in addition to the Statute, Rules of the Court, and the UN Charter.

2^nd Fl--JX1976.C5 R7262 1997
Shabtai Rosenne. The Law and Practice of the International Court, 1920-2005 (2006)
This four-volume source provides a thorough view of the Court’s history, organization, jurisdiction, contentious practice and procedure, and advisory practice and procedure.

Online

The ICJ's Web site

Please send comments regarding this guide to Dana Neacşu, at dana.neacsu@law.columbia.edu.