The following is the full text of the Statute of the International Court of Justice:
first
The International Court of Justice established by the Charter of the United Nations is the main judicial organ of the United Nations, and its organization and functions shall be performed in accordance with the following provisions of this Statute.
Chapter I Organization of the Court
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This court is composed of several independent judges. Regardless of nationality, the judge should be elected from jurists of high moral character who are qualified to hold the highest judicial positions in their respective countries or recognized as international law.
essay
1. The court consists of 15 judges, no two of whom are nationals of the same country.
2. As far as serving as a judge of the court is concerned, a person who can be regarded as a national of more than one country shall be regarded as a national of the country or member country where he usually exercises civil and political rights.
Article 4
1. The judges of the Court shall be elected by the General Assembly and the Security Council from a list submitted by national groups of the Permanent Court of Arbitration in accordance with the following provisions.
2. The list of candidates for Member States of the United Nations that are not represented in the Permanent Court of Arbitration shall be submitted by the government and organizations appointed for this purpose; The appointment of the national organization shall apply mutatis mutandis to the conditions for the appointment of arbitrators of the Permanent Court of Arbitration as stipulated in Article 44 of The Hague Treaty on the Peaceful Settlement of International Disputes 1907.
3. If a country that is not a member of the United Nations accepts the Statute of the Court, in the absence of special agreement, the conditions for its participation in the election of judges of the Court shall be set by the General Assembly on the proposal of the Security Council.
Article 5
1. The Secretary-General of the United Nations shall, at least three months before the election date, invite in writing the arbitrators of the Permanent Court of Arbitration who are parties to this Statute and the national groups appointed in accordance with Article 4, paragraph 2, to recommend persons who can accept the positions of judges from the national groups within a certain period of time.
Two, the number of people nominated by each group shall not exceed four, including two nationals. In any case, the number of candidates proposed by each group shall not exceed twice the number of seats.
Article 6
National organizations should consult the Supreme Court, university law schools, law schools, national research institutes specializing in law and branches of international research institutes in various countries before proposing the above-mentioned personnel.
Article 7
1. The Secretary-General shall compile a list of the persons mentioned in the preceding paragraph in alphabetical order. Except the second paragraph of Article 12, only this person has the right to be elected.
2. The Secretary-General shall submit the list mentioned in the preceding paragraph to the General Assembly and the Security Council.
Article 8
The General Assembly and the Security Council should independently hold elections for judges of the Court.
Article 9
In every election, voters should not only pay attention to the necessary qualifications of candidates, but also ensure that all judges can truly represent the major cultures and legal systems in the world.
Article 10
Candidates who have obtained an absolute majority of votes in the General Assembly and the Security Council shall be considered elected.
Two, the Security Council's voting, or the election of judges or the appointment of personnel to the joint meeting referred to in Article 12, should be regardless of the difference between permanent members and non-permanent members of the Security Council.
Three, if a country's national congress and security conference has more than one absolute majority, the oldest person should be considered elected.
Article 11
After the first election meeting, if one or more seats need to be by-elected, a second election meeting should be held, and a third election meeting should be held if necessary.
Article 12
1. After the third election meeting, if there are still one or more seats to be by-elected, the General Assembly or the Security Council may at any time request the organization of a joint meeting consisting of six members, three of whom are from the General Assembly and three from the Security Council. The joint meeting elected one person for each vacancy by an absolute majority vote and submitted it to the General Assembly and the Security Council for acceptance respectively.
Two, with the necessary qualifications, that is, not included in the list of candidates referred to in article seventh, if agreed by the joint meeting of all, it can also be included in the list of meetings.
Three, if the joint meeting confirmed that the election could not result, the elected judges, within the time limit prescribed by the Security Council, selected a number of candidates from the General Assembly or the Security Council with electoral votes to fill the vacancy.
Four, when the votes of judges are equal, the oldest judge should cast a casting vote.
Article 13
A judge shall serve for a term of nine years and may be re-elected. However, among the judges elected in the first election, five have a three-year term and the other five have a six-year term.
2. The term of office of the above-mentioned first judges shall be three or six years, which shall be decided by the Secretary-General after the first election by lot.
Three, the judge should continue to exercise his duties before his successor, although he has been replaced, he should still end the case he has begun to deal with.
4. When a judge resigns, he shall submit a letter of resignation to the President of the Court, who shall forward it to the Secretary-General. Upon receipt of the notice, one of the judges will become vacant.
Article 14
When a vacancy occurs, a by-election shall be held according to the method determined in the first election. However, the Secretary-General shall issue an invitation letter as stipulated in Article 5 within one month after the vacancy of a judge, and the Security Council shall appoint a date for the election.
Article 15
A judge elected to replace a judge whose term of office has not expired shall hold office until the expiration of his predecessor's term of office.
Article 16
A judge shall not exercise any political or administrative duties or perform any other professional tasks.
Two, in this regard, if there is any doubt, it should be decided by the court.
Article 17
Under no circumstances may a judge act as an agent, lawyer or assistant.
2. A judge who is an agent, lawyer or assistant of a party, or a member of a domestic court or an international court or an investigation committee, or participates in any case in any other capacity shall not participate in the trial of the case.
Three, on this point, if in doubt, should be decided by the court.
Article 18
1. Unless the remaining judges agree that a judge is no longer suitable for the necessary conditions, he shall not be removed from office.
2. The removal of a judge shall be formally notified to the Secretary-General by the Registrar.
Thirdly, once the notification is delivered to the Secretary-General, one of the judges will become vacant.
Article 19
Judges should enjoy diplomatic privileges and immunities when performing court duties.
Article 20
Before taking office, a judge should solemnly swear in an open court that he will exercise his power impartially and wholeheartedly.
Article 21
1. The court shall elect a president and a vice-president for a term of three years and may be re-elected.
2. The Court shall appoint a Registrar and may send other necessary staff.
Article 22
1. The court is located in The Hague, but it can hold sessions and perform its duties in other places if it deems it appropriate.
2. The President and the Registrar shall reside at the seat of the Court.
Article 23
First, in addition to judicial holidays, the court will hold a session in Changchuan. The date and duration of the judicial holiday shall be decided by the court.
2. Judges may have fixed holidays, the date and duration of which shall be decided by the court taking into account the distance between The Hague and the judge's residence.
Three, except in holidays or illness or other major reasons, the judge can't see things, and after making appropriate explanations to the president, should always be appointed by the court.
Article 24
1. When the judge thinks that the referee of a case should not participate for special reasons. The dean should be informed.
Two, if the president thinks that a judge should not participate in a case for special reasons, he shall notify the judge accordingly.
Three, in this case, when the judge and the president disagree, it shall be decided by the court.
Article 25
1. Unless otherwise stipulated in this Statute, the Court shall be composed of all judges.
Second, according to the situation, the rules of the court may alternately stipulate that one or more judges are exempted from attending, but the number of judges who are prepared to attend shall not be reduced at least 1 1.
Three, nine judges shall constitute a quorum of the court.
Article 26
1. The Court may establish one or more chambers at any time, and may decide to form a chamber of three or more judges. The court handles special cases, such as labor cases and cases related to transit and traffic.
2. In order to deal with specific cases, the court may set up a chamber at any time, and the number of judges organizing the chamber shall be determined by the court with the consent of the parties concerned.
3. At the request of the parties concerned, the case shall be heard and decided by the Chamber provided for in this article.
Article 27
A judgment made by any chamber provided for in articles 26 and 29 shall be deemed to be a judgment of the court.
Article 28
With the consent of the parties concerned, the Chambers provided for in Articles 26 and 29 may hold sessions and function outside The Hague.
Article 29
In order to deal with affairs quickly, the court should organize a chamber composed of five judges every year. The Chamber may, at the request of the parties concerned, hear and decide cases in a summary way. The court should also select two judges to replace the judges who are unable to appear in court.
Article 30
First of all, the court should formulate rules to perform its duties, especially procedural rules.
Two, the rules of the court may stipulate that jurors should attend the court or any chamber, but have no right to vote.
Article 31
1. A judge who belongs to the nationality of the litigant reserves the right to participate in the litigation when the court accepts the case.
Two, when the court accepts a case, if a judge belongs to the nationality of a country, any other country can choose a judge to participate in the trial of the case. This person is particularly suitable to be selected from the candidates mentioned in Articles 4 and 5.
3. When the court accepts a case, if neither party has a judge of its own nationality, each party may appoint a judge according to the provisions of paragraph 2 of this article.
Four, the provisions of this article apply to the twenty-sixth and twenty-ninth cases. In this case, the President shall, at his request, hand over one judge or, if necessary, two judges of the Chamber to the judges of the country concerned. If there is no judge from the relevant country or the judge is unable to attend, it shall be handed over to a judge specially selected by the relevant country.
Five, if many countries have the same interests, within the scope of application of the above provisions, only as a party. In this regard, if there is any doubt, it will be decided by the court.
6. Judges elected in accordance with paragraphs 2, 3 and 4 of this article shall meet the conditions stipulated in articles 2, 17, 2, 20 and 24 of this Statute. When judges participate in the trial of cases, they are in a completely equal position with their colleagues.
Article 32
Judges of the Court shall receive an annual salary.
Second, the president should get a special allowance every year.
3. When acting as President, the Vice President shall receive a special allowance on a daily basis.
Four, in accordance with the provisions of article thirty-first to replace the judges of the court, when performing their duties, should be paid by the day.
5. The above salary allowance and remuneration shall be decided by the General Assembly of the United Nations and shall not be reduced during the term of office.
6. The salary of the Registrar shall be fixed by the General Assembly on the proposal of the Court.
7. The conditions for granting pensions and supplementing travel expenses to judges and registrars shall be stipulated in the statutes concluded by the General Assembly.
Eight, the above wages, allowances and remuneration shall be exempted from all taxes.
Article 33
The expenses of the Court shall be borne by the United Nations in a manner to be decided by the General Assembly.
Chapter II Jurisdiction of Courts
Article 34
One, in the court can be a party to the lawsuit, limited to the state.
Two, the court may, in accordance with its rules, require public international organizations to provide information about the case under trial. The court shall accept the information voluntarily provided by the expert group.
3. If the court encounters the constitution of an international organization or an international agreement concluded in accordance with the constitution when trying a case, the Registrar shall notify the relevant international organization and deliver copies of all written documents to it.
Article 35
1. The court shall accept the proceedings of the States parties to this Statute.
2. The conditions for the court to accept lawsuits from other countries shall be decided by the Security Council, unless otherwise stipulated in existing treaties, but in any case, this condition shall not put the parties in an unequal position in the court.
3. When a non-United Nations Member State is a party to a case, the amount of court expenses it should bear should be decided by the court. This provision does not apply if the country has already paid part of the costs of the court.
Article 36
1. The jurisdiction of the court includes all cases submitted by the parties concerned and all events stipulated in the Charter of the United Nations or existing treaties and agreements.
2. The States parties to this Statute may declare at any time that all legal disputes of the following nature are recognized as compulsory and are compulsory for any other country that accepts the same obligation, and no special agreement is needed:
Interpretation of treaties.
Any question of international law.
(c) The existence of any fact, if proved, is a violation of an international obligation.
The nature and scope of compensation for violation of international obligations.
3. The above statement can be unconditional, conditional on the mutual restraint of several or specific countries, or within a certain period of time.
4. This declaration shall be deposited with the Secretary-General of the United Nations, who shall send copies to the States Parties to this Statute and the Registrar of the Court.
5. A declaration made in accordance with Article 36 of the Statute of the Permanent Court of International Justice shall be deemed to have accepted the compulsory jurisdiction of the International Court of Justice as far as the States parties to this Statute are concerned, if it is still valid before the expiration of the declaration.
6. Disputes over whether the court has jurisdiction shall be decided by the court.
Article 37
If an existing treaty or agreement stipulates that an event shall be submitted to any adjudication body established by the League of Nations or the Permanent International Court of Justice, the event shall be submitted to the International Court of Justice between the States parties to this Statute.
Article 38
First of all, the court shall decide all disputes in accordance with international law, and the ruling shall apply to:
(a) Whether it is a general or special international agreement, it establishes rules that are clearly recognized by the parties to the litigation.
The (ugly) international practice is accepted as proof of law as an example.
(c) General legal principles recognized by civilized countries.
(d) According to the provisions of article 59, judicial precedents and the theories of the most authoritative public law scholars in various countries are used as supplementary materials to determine legal principles.
Two, the provisions of the preceding paragraph shall not interfere with the court's right to adjudicate cases with the consent of the parties.
Chapter III Procedures
Article 39
1. The official languages of the court are English and French. If the parties agree to handle the case in French, the judgment shall be made in French. If both parties agree to handle the case in English, the judgment shall also be in English.
Two, if any language is used without consent, each party may choose to use one of the two languages in the statement, and the court's judgment shall be made in English and French. The court should also decide which one is dominant.
Three, the court shall, at the request of any party, allow the party to use languages other than English and French.
Article 40
1. When a lawsuit is brought to the court, the special agreement shall be notified to the Registrar or served on the Registrar by request, as appropriate. Either way, the cause of the dispute and the parties should be clearly stated.
2. The Registrar shall immediately notify the parties concerned of the request.
3. The Registrar shall also notify the States Members of the United Nations and other States entitled to appear before the Court through the Secretary-General.
Article 41
1. If the court considers it necessary, it has the right to instruct the parties concerned to comply with the interim measures to protect the rights of the other party.
2. Before the final judgment, the instruction shall be immediately notified to the parties and the Security Council.
Article 42
1. The parties concerned shall be represented by agents.
Two, the parties may send a lawyer or assistant to assist in court.
3. Agents, lawyers and assistants of the parties shall enjoy the privileges and immunities necessary for the independent exercise of their duties.
Article 43
First of all, the proceedings should be divided into two parts: written and oral.
Two, the written procedure refers to the complaint, counterclaim and, when necessary, the defense together with various documents and official documents that can be used as evidence, served on the court and the parties.
3. Service shall be made by the Registrar in accordance with the order and time limit prescribed by the court.
Four, all the documents submitted by one party concerned shall be delivered to the other party, with a copy of the certificate.
Five, oral procedure refers to the court hearing the statements of witnesses, experts, agents, lawyers and assistants.
Article 44
1. When the court serves a notice to a person other than an agent, lawyer or assistant and needs to be an expert in the territory of a certain country, it should approach the government of that country.
Two, take steps to collect evidence on the spot, the provisions of the preceding paragraph shall apply.
Article 45
The trial of the court is directed by the president, and if the president is unable to attend, it is directed by the vice president; When the president and vice president are unable to attend, the senior judge present shall preside over the meeting.
Article 46
The hearing of the court shall be held in public, unless the court decides otherwise or the interested parties request that the public be refused to attend.
Article 47
1. The Registrar and the President shall record and sign each trial.
2. The record mentioned in the previous paragraph is the only available record.
Article 48
The court shall issue an order to deal with the case; In each case, the parties concerned should decide how and when the debate must end; Collecting evidence should be all the measures.
Article 49
Before the trial begins, the court may also order the agent to produce any documents or provide any explanation. If you refuse, it should be officially recorded.
Article 50
The court may, at any time, select any individual, organization, bureau, committee or other organization and entrust it with investigation or evaluation.
Article 51
During the trial, the court may put any key questions to witnesses and experts under the conditions stipulated in the rules of procedure of the court mentioned in Article 30.
Article 52
After receiving all kinds of certificates and evidence within the specified time limit, the court may refuse to accept other oral or written evidence that the parties wish to present, except with the consent of the other party.
Article 53
1. If the parties fail to set up a court or defend their claims, they may set up a court to make a judgment in their favor.
2. Before granting the request mentioned in the preceding paragraph, the court shall ascertain that the court has jurisdiction over the case without relying on Articles 36 and 37, and that the claimant's request has factual and legal basis.
Article 54
1. When the chief prosecutor and assistant indicate that their demands have been completed under the order of the court, the president shall declare the debate closed.
Second, the judge should leave to discuss the verdict.
Three, the judge's evaluation should be conducted in secret, and always confidential.
Article 55
First, all issues must be decided by more than half of the judges present.
Two, if the votes are equal, the president or acting president shall cast a casting vote for the judge.
Article 56
First, the judgment should state the reasons.
Two, the judgment shall specify the name of the judge who participated in the judgment.
Article 57
If all or part of the judgment cannot represent the unanimous opinion of the judges, any judge may announce his personal opinion separately.
Article 58
The judgment shall be signed by the President and the Registrar, read out publicly in court and notified to the agent in advance.
Article 59
The judgment of the court is not binding except for the parties and the case.
Article 60
The judgment of the court is final and cannot be appealed. When there is a dispute over the meaning or scope of the judgment, the court shall interpret it at the request of either party.
Article 61
The request to the court for review of the judgment shall be based on the fact that the judgment is deemed decisive, and the fact was unknown to the court and the country applying for review when the judgment was announced, but only if it was unknown through no fault.
Second, the initiation of the review procedure should be decided by the court, explaining the existence of new facts, acknowledging that this new fact has the nature of making the case subject to review, and declaring that the review request is therefore admissible.
3. Before accepting the review procedure, the court may order the contents of the judgment to be fulfilled first.
Four, the application for review should be made within six months after the discovery of new facts.
Five, the application for review shall not be filed after more than 10 years from the date of judgment.
Article 62
If a country thinks that the judgment of a case may affect the interests of a country with legal nature, it can apply to the court for participation.
Second, this claim should be decided by the court.
Article 63
1. If there is any problem in the interpretation of the Agreement, and other countries other than the parties to the proceedings are signatories to the Agreement, the Registrar shall immediately notify them.
2. The country notified in the preceding paragraph has the right to participate in this procedure; However, if the state exercises this right, the interpretation in the judgment is equally binding on the state.
Article 64
Unless otherwise ruled by the court, the litigation costs shall be borne by the parties.
Chapter IV Consultation Opinions
Article 65
1. If authorized by or requested by the Charter of the United Nations, the court may give an advisory opinion on any legal question.
Two, where the court to solicit opinions, should be sent to the court by petition. This application should give an accurate description of the consultation question and should be accompanied by all documents sufficient to explain the question.
Article 66
1 ... The Registrar shall immediately notify all States entitled to appear before the Court of the request for an advisory opinion.
Secondly, the Registrar should also inform the court in a special and direct way (or inform the President when the court is not in session) that any country or international organization has the right to appear in court for information about the consultation, or that the court is prepared to accept written statements on the issue within the time limit set by the President, or to hear oral statements during the public hearing of the case.
Three, any country that has the right to appear in court, if it has not received the special notice referred to in the second paragraph of this article, it may express its willingness in writing or orally, and the court shall make a ruling.
Four, where countries and groups have made written or oral statements or two statements, for statements made by other countries or groups, according to the court (or when the court is not in session, the president) on the way, scope and time limit of each case, to comment. The Registrar shall notify the States and organizations that have submitted such declarations within an appropriate time.
Article 67
The court shall publicly announce its advisory opinion in court, and notify the Secretary-General, Member States of the United Nations and representatives of other countries and international organizations directly concerned in advance.
Article 68
When performing the duty of advisory opinion, the court shall refer to the provisions of this Statute on litigation cases, but only to the extent that the court considers that these provisions can be applied.
Chapter V Correction
Article 69
The procedure for amending the Charter of the United Nations shall apply mutatis mutandis to the amendment of this Statute, but the General Assembly may, on the recommendation of the Security Council, make any provision for the participation of States parties to this Statute, but not States Members of the United Nations.
Article 70
When the Court deems it necessary, it may submit a written amendment to the Statute to the Secretary-General, and the United Nations shall discuss it in accordance with the provisions of Article 69.