Committees :: View
International Court of Justice
Directors
- James Hatten
- Kelsie Riemenschneider
Topics
- Certain Questions of Mutual Assistance in Criminal Matters (Djibouti v. France)
- Maritime Delimitation between Peru and Chile
Documents
- Committee Directives (PDF, 17.9 KB)
- Peru V Chile: Brief (PDF, 264.9 KB)
- FrancevDjbouti (PDF, 101 KB)
- Questions and Answers (PDF, 79.2 KB)
Committee Overview
The International Court of Justice has a twofold purpose. The Court has jurisdiction in legal disputes between States and answers legal questions referred to it by bodies of the United Nations. States are members of the UN or those States that have accepted the jurisdiction of the Court. Legal disputes between States, known as contentious cases, are decided by interpretation of international law. Disputes in this way come to the Court, that is, the Court is a passive actor.
The Court follows the Rules of the Court, which are reviewed by a standing Rules Committee made up by judges, currently seven. There are fifteen judges, but nine are required to reach quorum. The judges are led by a President and a Vice-President who are elected every three years. The President directs the work of the court and has a deciding vote in matters where the Court is evenly divided. The Vice-President has no special functions but assumes the duties of the President if the President is unable to perform them. In matters of urgency, special ad hoc chambers with as few as three judges may be created to deal with certain issues. These are rare and only six cases to date have been decided this way. Judges may also be sat ad hoc. If a State does not have a judge of its nationality on the Bench, then the Court may sit a judge ad hoc of the State's nationality. A State may only have one judge on the Court.
In contentious cases, briefs are submitted by each party citing international law and their party's pertinent views on it. Oral arguments are presented and a public judgment is rendered after deliberation by the judges. It is important to note that cases do not have to go to a decision, and can be settled at any time during the process. Also, a State party in the case that is not represented on Bench by a judge of its nationality may sit one ad hoc.
There are no appeals to decisions by the Court. Judgments are upheld by the Security Council. Delinquent parties are subject to measures taken by the Security Council to get them to comply with decisions of the Court.
The Court's origins lie in the Jay Treaty of 1794, but more recently the League of Nations established the Permanent Court of International Justice (PCIJ). In 1945 at the San Francisco Conference the Charter for the United Nations was written and in it included the International Court of Justice. This provides the modern Court, as the PCIJ dissolved itself shortly before the new Court began its first session. The Court is a highly specialized and unique body in the UN, and as such has many rules and standards to follow.
*Special Update*
ICJ Memorial Guidelines
For the GTMUN 2008 conference, ICJ memorials will be submitted by countries with advocate positions. A memorial should include the following:
- Enough examination of the facts to show understanding. This includes what is being disputed in the case at hand and the facts. - Legal arguments for the advocate's side of the case. - Citations should be provided.
Some general questions to consider when writing memorials are:
- What treaties, if any, should be cited in this case? - What international law, codified or customary, should be cited? - Are there treaties set forth by colonial powers on behalf of either or both of these countries that should be considered? - Are there any domestic laws or cases that apply to similar situations in either of the countries that could be cited as supplemental material to the arguments? These will not carry the same weight of international law, but they can be used to supplement your argument and help in your efforts to establish precedent.
The memorials are arguments for your side of the case. The committee directives and briefs for the cases provide guidance and starting points for shaping arguments, but all relevant material is not limited to what is cited in the briefs.
Please note there is no maximum amount of pages for the memorials. This differs from the guidelines for position papers.
Formatting Rules
- Maximum 12 point font/Minimum 10 point font, Times New Roman or Arial - Margins must be: 1” top/bottom 1.25” right/left
*Special Update*
ICJ Memorial Guidelines
For the GTMUN 2008 conference, ICJ memorials will be submitted by countries with advocate positions. A memorial should include the following:
- Enough examination of the facts to show understanding. This includes what is being disputed in the case at hand and the facts. - Legal arguments for the advocate's side of the case. - Citations should be provided.
Some general questions to consider when writing memorials are:
- What treaties, if any, should be cited in this case? - What international law, codified or customary, should be cited? - Are there treaties set forth by colonial powers on behalf of either or both of these countries that should be considered? - Are there any domestic laws or cases that apply to similar situations in either of the countries that could be cited as supplemental material to the arguments? These will not carry the same weight of international law, but they can be used to supplement your argument and help in your efforts to establish precedent.
The memorials are arguments for your side of the case. The committee directives and briefs for the cases provide guidance and starting points for shaping arguments, but all relevant material is not limited to what is cited in the briefs.
Please note there is no maximum amount of pages for the memorials. This differs from the guidelines for position papers.
Formatting Rules
- Maximum 12 point font/Minimum 10 point font, Times New Roman or Arial - Margins must be: 1” top/bottom 1.25” right/left