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MEXICO:

Ezequiel Padilla
Francisco Castillo Najera
Manuel Tello

NETHERLANDS:

Alexander Loudon

NEW ZEALAND:

Peter Fraser
Carl Berendsen

NICARAGUA:

Mariano Arguello Vargas
Colonel Luis Manuel de Bayle

NORWAY:

Wilhelm Munthe Morgenstierne

SYRIA:

Faris al-Khouri
Naim al-Antaki

Nazim al-Kodsi
TURKEY:

Hasan Saka
Huseyin Ragip Baydur

Feridun Cemal Erkin
UKRAINIAN SOVIET SOCIALIST REPUBLIC:

Dmitro Z. Manuilsky
Ivan S. Senin
Alexander V. Palladin
Vladimir G. Bondarchuk
Peter S. Pogrebniak

Mikola N. Petrovsky
UNION OF SOUTH AFRICA:

Field Marshal Jan Christian Smuts
URUGUAY:

Jose Serrato
Jacobo D. Varela
Captain Hector Luisi, U. N.
Cyro Giambruno
Juan F. Guichon

Hector Paysse Reyes
VENEZUELA:

Caracciolo Parra-Perez
Gustavo Herrera
Alfredo Machado-Hernandez

Rafael Ernesto Lopez
YUGOSLAVIA:

Stanoje Simic

PANAMA:

Roberto Jimenez

PARAGUAY:

Celso R. Velazquez

Juan Bautista Ayala
PERU:

Manuel C. Gallagher
Victor Andres Belaunde

Luis Fernan Cisneros
PHILIPPINE COMMONWEALTH:

Brigadier General Carlos P. Romulo
Francisco Delgado

SAUDI ARABIA:

H. R. H. Faisal Ibn Abdul Aziz

STATUTE OF THE

INTERNATIONAL COURT OF JUSTICE

Article 1

The International Court of Justice established by the Charter of the United Nations as the principal judicial organ of the United Nations shall be constituted and shall function in accordance with the provisions of the present Statute.

CHAPTER I

ORGANIZATION OF THE COURT

to the present Statute, and to the members of the national groups appointed under Article 4, paragraph 2, inviting them to undertake, within a given time, by national groups, the nomination of persons in a position to accept the duties of a member of the Court.

2. No group may nominate more than four persons, not more than two of whom shall be of their own nationality. In no case may the number of candidates nominated by a group be more than double the number of seats to be filled.

Article 2 The Court shall be composed of a body of 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.

Article 3 1. The Court shall consist of fifteen members, no two of whom may be nationals of the same state.

2. A person who for the purposes of membership in the Court could be regarded as a national of more than one state shall be deemed to be a national of the one in which he ordinarily exercises civil and political rights.

Article 4 1. The members of the Court shall be elected by the General Assembly and by the Security Council from a list of persons nominated by the national groups in the Permanent Court of Arbitration, in accordance with the following provisions.

2. In the case of members of the United Nations not represented in the Permanent Court of Arbitration, candidates shall be nominated by national groups appointed for this purpose by their governments under the same conditions as those prescribed for members of the Permanent Court of Arbitration by Article 44 of the Convention of The Hague of 1907 for the pacific settlement of international disputes.

3. The conditions under which a state which is a party to the present Statute but is not a Member of the United Nations may participate in electing the members of the Court shall, in the absence of a special agreement, be laid down by the General Assembly upon recommendation of the Security Council.

Article 5 1. At least three months before the date of the election, the Secretary-General of the United Nations shall address a written request to the members of the Permanent Court of Arbitration belonging to the states which are parties

Article 6 Before making these nominations, each national group is recommended to consult its highest court of justice, its legal faculties and schools of law, and its national academies and national sections of international academies devoted to the study of law.

Article ny 1. The Secretary-General shall prepare a list in alphabetical order of all the persons thus nominated. Save as provided in Article 12, paragraph 2, these shall be the only persons eligible.

2. The Secretary-General shall submit this list to the General Assembly and to the Security Council.

Article 8 The General Assembly and the Security Council shall proceed independently of one another to elect the members of the Court.

Article 9 At every election, the electors shall bear in mind not only that the persons to be elected should individually possess the qualifications required, but also that in the body as a whole the representation of the main forms of civilization and of the principal legal systems of the world should be assured.

Article 10 1. Those candidates who obtain an absolute majority of votes in the General Assembly and in the Security Council shall be considered as elected.

2. Any vote of the Security Council, whether for the

Article 16 election of judges or for the appointment of members of

1. No member of the Court may exercise any political the conference envisaged in Article 12, shall be taken

or administrative function, or engage in any other ocwithout any distinction between permanent and non

cupation of a professional nature. permanent members of the Security Council.

2. Any doubt on this point shall be settled by the de3. In the event of more than one national of the same

cision of the Court, state obtaining an absolute majority of the votes both of the General Assembly and of the Security Council, the

Article 17 eldest of these only shall be considered as elected.

1. No member of the Court may act as agent, counsel, Article 11

or advocate in any case,

2. No member may participate in the decision of any If, after the first meeting held for the purpose of the case in which he has previously taken part as agent, election, one or more seats remain to be filled, a second

counsel, or advocate for one of the parties, or as a mem. and, if necessary, a third meeting shall take place.

ber of a national or international court, or of a commis.

sion of inquiry, or in any other capacity. Article 12

3. Any doubt on this point shall be settled by the de. 1. If, after the third meeting, one or more seats still re- cision of the Court. main unfilled, a joint conference consisting of six members, three appointed by the General Assembly and three

Article 18 by the Security Council, may be formed at any time at the 1. No member of the Court can be dismissed unless, in request of either the General Assembly or the Security the unanimous opinion of the other members, he has Corincil, for the purpose of choosing by the vote of an ceased to fulfill the required conditions. absolute majority one name for each seat still vacant, to 2. Formal notification thereof shall be made to the Secsubmit to the General Assembly and the Security Council retary-General by the Registrar. for their respective acceptance.

3. This notification makes the place vacant. 2. If the joint conference is unanimously agreed upon any person who fulfils the required conditions, he may be

Article 19 included in its list, even though he was not included in the

The members of the Court, when engaged on the busilist of nominations referred to in Article 7.

ness of the Court, shall enjoy diplomatic privileges and 3. If the joint conference is satisfied that it will not be

immunities. successful in procuring an election, those members of the Court who have already been elected shall, within a pe

Article 20 riod to be fixed by the Security Council, proceed to fill the

Every member of the Court shall, before taking up his vacant seats by selection from among those candidates

duties, make a solemn declaration in open Court that he who have obtained votes either in the General Assembly

will exercise his powers impartially and conscientiously. or in the Security Council. 4. In the event of an equality of votes among the judges,

Article 21 the eldest judge shall have a casting vote.

1. The Court shall elect its President and Vice-PresiArticle 13

dent for three years; they may be re-elected.

2. The Court shall appoint its Registrar and may pro1. The members of the Court shall be elected for nine

vide for the appointment of such other officers as may be years and may be re-elected; provided, however, that of necessary. the judges elected at the first election, the terms of five

Article 22 judges shall expire at the end of three years and the terms of five more judges shall expire at the end of six years. 1. The seat of the Court shall be established at The

2. The judges whose terms are to expire at the end of Hague. This, however, shall not prevent the Court from the above-mentioned initial periods of three and six years sitting and exercising its functions elsewhere whenever shall be chosen by lot to be drawn by the Secretary-Gen- the Court considers it desirable, eral immediately after the first election has been com- 2. The President and the Registrar shall reside at the pleted.

seat of the Court. 3. The members of the Court shall continue to discharge their duties until their places have been filled. Though

Article 23 replaced, they shall finish any cases which they may 1. The Court shall remain permanently in session, exhave begun.

cept during the judicial vacations, the dates and dura4. In the case of the resignation of a member of the

tion of which shall be fixed by the Court. Court, the resignation shall be addressed to the President

2. Members of the Court are entitled to periodic leave, of the Court for transmission to the Secretary-General.

the dates and duration of which shall be fixed by the This last notification makes the place vacant.

Court, having in mind the distance between The Hague

and the home of each judge. Article 14

3. Members of the Court shall be bound, unless they Vacancies shall be filled by the same method as that are on leave or prevented from attending by illness or laid down for the first election, subject to the following other serious reasons duly explained to the President, to provision: the Secretary-General shall, within one month hold themselves permanently at the disposal of the Court. of the occurrence of the vacancy, proceed to issue the invitations provided for in Article 5, and the date of the

Article 24 election shall be fixed by the Security Council.

1. If, for some special reason, a member of the Court

considers that he should not take part in the decision of Article 15

a particular case, he shall so inform the President. A member of the Court elected to replace a member 2. If the President considers that for some special reawhose term of office has not expired shall hold office for son one of the members of the Court should not sit in a the remainder of his predecessor's term.

particular case, he shall give him notice accordingly.

3. If in any such case the member of the Court and the 2. If the Court includes upon the Bench a judge of the President disagree, the matter shall be settled by the de- nationality of one of the parties, any other party may cision of the Court.

choose a person to sit as judge. Such person shall be

chosen preferably from among those persons who have Article 25

been nominated as candidates as provided in Articles 4 1. The full Court shall sit except when it is expressly and 5. provided otherwise in the present Statute.

3. If the Court includes upon the Bench no judge of the 2. Subject to the condition that the number of judges nationality of the parties, each of these parties may proavailable to constitute the Court is not thereby reduced ceed to choose a judge as provided in paragraph 2 of this below eleven, the Rules of the Court may provide for al- Article. lowing one or more judges, according to circumstances 4. The provisions of this Article shall apply to the case and in rotation, to be dispensed from sitting.

of Articles 26 and 29. In such cases, the President shall re3. A quorum of nine judges shall suffice to constitute

quest one or, if necessary, two of the members of the the Court.

Court forming the chamber to give place to the members Article 26

of the Court of the nationality of the parties concerned,

and, failing such, or if they are unable to be present, to 1. The Court may from time to time form one or more the judges specially chosen by the parties. chambers, composed of three or more judges as the Court

5. Should there be several parties in the same intermay determine, for dealing with particular categories nf

est, they shall, for the purpose of the preceding provisions, cases; for example, labor cases and cases relating to

be reckoned as one party only. Any doubt upon this point transit and communications.

shall be settled by the decision of the Court. 2. The Court may at any time form a chamber for deal

6. Judges chosen as laid down in paragraphs 2, 3, and ing with a particular case. The number of judges to con

4 of this Article shall fulfill the conditions required by stitute such a chamber shall be determined by the Court

Articles 2, 17 (paragraph 2), 20, and 24 of the present with the approval of the parties.

Statute. They shall take part in the decision on terms of 3. Cases shall be heard and determined by the cham

complete equality with their colleagues. bers provided for in this Article if the parties so request. Article 27

Article 32 A judgment given by any of the chambers provided for 1. Each member of the Court shall receive an annual in Articles 26 and 29 shall be considered as rendered by salary. the Court.

2. The President shall receive a special annual allow

ance, Article 28

3. The Vice-President shall receive a special allowance The chambers provided for in Articles 26 and 29 may, for every day on which he acts as President. with the consent of the parties, sit and exercise their 4. The judges chosen under Article 31, other than functions elsewhere than at The Hague.

members of the Court, shall receive compensation for Article 29

each day on which they exercise their functions.

5. These salaries, allowances, and compensation shall With a view to the speedy despatch of business, the

be fixed by the General Assembly. They may not be deCourt shall form annually a chamber composed of five

creased during the term of office. judges which, at the request of the parties, may hear

6. The salary of the Registrar shall be fixed by the and determine cases by summary procedure. In addition,

General Assembly on the proposal of the Court. two judges shall be selected for the purpose of replacing judges who find it impossible to sit.

7. Regulations made by the General Assembly shall fix

the conditions under which retirement pensions may be Article 30

given to members of the Court and to the Registrar, and

the conditions under which members of the Court and 1. The Court shall frame rules for carrying out its

the Registrar shall have their traveling expenses refunctions. In particular, it shall lay down rules of pro

funded. cedure. 2. The Rules of the Court may provide for assessors to

8. The above salaries, allowances, and compensation

shall be free of all taxation.
sit with the Court or with any of its chambers, without
the right to vote.

Article 33
Article 31

The expenses of the Court shall be borne by the United 1. Judges of the nationality of each of the parties shall Nations in such a manner as shall be decided by the Genretain their right to sit in the case before the Court. eral Assembly.

CHAPTER II

COMPETENCE OF THE COURT

Article 34

1. Only states may be parties in cases before the Court.

2. The Court, subject to and in conformity with its Rules, may request of public international organizations information relevant to cases before it, and shall receive

such information presented by such organizations on their own initiative.

3. Whenever the construction of the constituent instrument of a public international organization or of an international convention adopted thereunder is in question in a case before the Court, the Registrar shall so notify A R the public international organization concerned and shall copies thereof to the parties iis river write and to the communicate to it copies of all the written proceedings. Registrar of the Court,

5. Declarations made under Article 36 of the Statute of Article 35

the Permanent Court of International Justice and which 1. The Court shall be open to the states parties to the are still in force shall be deemed, as between the parties present Statute.

to the present Statute, to be acceptances of the compul2. The conditions under which the Court shall be open

sory jurisdiction of the International Court of Justice for to other states shall, subject to the special provisions con

the period which they still have to run and in accordance tained in treaties in force, be laid down by the Security

with their terms. Council, but in no case shall such conditions place the

6. In the event of a dispute as to whether the Court has parties in a position of inequality before the Court. jurisdiction, the matter shall be settled by the decision of 3. When a state which is not a Member of the United

the Court. Nations is a party to a case, the Court shall fix the amount

Article 37 which that party is to contribute towards the expenses of the Court. This provision shall not apply if such state is

Whenever a treaty or convention in force provides for bearing a share of the expenses of the Court.

reference of a matter to a tribunal to have been instituted

by the League of Nations, or to the Permanent Court of Article 36

International Justice, the matter shall, as between the 1. The jurisdiction of the Court comprises all cases

parties of the present Statute, be referred to the Internawhich the parties refer to it and all matters specially pro

tional Court of Justice. vided for in the Charter of the United Nations or in

Article 38 treaties and conventions in force. 2. The states parties to the present Statute may at any

1. The Court, whose function is to decide in accordance time declare that they recognize as compulsory ipso facto

with international law such disputes as are submitted to

it, shall apply: and without special agreement, in relation to any other state accepting the same obligation, the jurisdiction of

a. international conventions, whether general or sarthe Court in all legal disputes concerning:

ticular, establishing rules expressly recognized by

the contesting states; a. the interpretation of a treaty;

b. international custom, as evidence of a general pracb. any question of international law;

tice accepted as law; c. the existence of any fact which, if established, would

c. the general principles of law recognized by civilized constitute a breach of an international obligation;

nations; d. the nature or extent of the reparation to be made for d. subject to the provisions of Article 59, judicial dethe breach of an international obligation.

cisions and the teachings of the most highly quali3. The declarations referred to above may be made un

fied publicists of the various nations, as subsidiary conditionally or on condition of reciprocity on the part of

means for the determination of rules of law. several or certain states, or for a certain time.

2. This provision shall not prejudice the power of the 4. Such declarations shall be deposited with the Sec- Court to decide a case ex aequo et bono, if the parties retary-General of the United Nations, who shall transmit

agree thereto.

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2. The Registrar shall forthwith communicate the application to all concerned.

3. He shall also notify the members of the United Nations through the Secretary-General, and also any other states entitled to appear before the Court.

Article 39 1. The official languages of the Court shall be French and English. If the parties agree that the case shall be conducted in French, the judgment shall be delivered in French. If the parties agree that the case shall be conducted in English, the judgment shall be delivered in English.

2. In the absence of an agreement as to which language shall be employed, each party may, in the pleadings, use the language which it prefers; the decision of the Court shall be given in French and English. In this case the Court shall at the same time determine which of the two texts shall be considered as authoritative,

3. The Court shall, at the request of any party, authorize a language other than French or English to be used by that party.

Article 40 1. Cases are brought before the Court, as the case may be, either by the notification of the special agreement or by a written application addressed to the Registrar. In either case the subject of the dispute and the parties shall be indicated.

Article 41 1. The Court shall have the power to indicate, if it considers that circumstances so require, any provisional measures which ought to be taken to preserve the respective rights of either party.

2. Pending the final decision, notice of the measures suggested shall forthwith be given to the parties and to the Security Council.

Article 42
1. The parties shall be represented by agents.

2. They may have the assistance of counsel or advocates before the Court.

3. The agents, counsel, and advocates of parties before the Court shall enjoy the privileges and immunities necessary to the independent exercise of their duties.

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