International Court of Justice (ICJ)
The International Court of Justice (ICJ) is the primary judicial organ of the United Nations. The court was established by the UN Charter as a successor to the Permanent Court of International Justice. The Court is composed of 15 judges [Article 3 of the Statute of the ICJ], who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council[Art 4-8 and 10-12]. Judges must be “independent judges, elected regardless of their nationality from among persons of high moral character, who possess the qualifications required in their respective countries for appointment to the highest judicial offices, or are jurisconsults of recognized competence in international law” [Art 2]. The ICJ as a whole should represent the main forms of civilizationand legal systems [Art 9]. The overall composition of the Court has changed over the years to reflect the development of regional representation within the UN system more generally. By informal understanding, the permanent members of the Security Council each have a national as a judge on the Court. The distribution of seats on the Court is usually 5 from Western Europe and North America, 2 from Eastern Europe, 3 from Africa and the Middle East, 3 from Asia and 2 from Latin America.
A State party to a case before the International Court of Justice which does not have a judge of its nationality on the Bench may choose a person to sit as judge ad hoc in that specific case [Art 31]. As a result, a case before the ICJ can involve up to 17 judges sitting on a matter.
The Court may entertain two types of cases: legal disputes between States submitted to it by them (contentious cases) and requests for advisory opinions on “any legal question” referred to it by United Nations organs and specialized agencies (advisory proceedings). Only States can be parties before the Court [Art. 34(1)]. International organisations cannot be parties in contentious cases, but may be asked for information or may provide it in their own initiativepursuant to Art. 34(2); in addition, the General Assembly and certain other United Nations bodies may request advisory opinions [Charter 96(2)], reflected in Art. 65 of the Statute.
The Security Council is authorised to enforce the court’s rulings, although this is subject to the veto power of the five permanent members.
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Sovereignty of the Falkland Islands / Las Malvinas
As a question that has never been settled to the satisfaction of all parties and one that has begun to gain pertinence in the public sphere yet again, Justices of the ICJ must consider the question of sovereignty of the Falkland Islands / Las Malvinas following closely established methods under international law.
Historical advisory opinion of the nationalisation of US companies by Cuba in 1961
Delegates are asked to give an advisory opinion on the question of legality of nationalisation of US companies by the Cuban government. This question requires consideration of principles of international Law, adequate compensation and the question of proportionality.
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