International Court of Justice

Abstract

The International Court of Justice (ICJ) was established in 1945 by the Charter of the United Nations as the principal judicial organ. Its role in the fulfillment of the purposes of the UN is to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace.

Text

The International Court of Justice was established in 1945 by the Charter of the United Nations as the principal judicial organ (Art. 7, UN Charter). Its role in the fulfillment of the purposes of the UN is “to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace” (Art. 1, UN Charter). To this end it settles legal disputes submitted to it by States, this is the contentious procedure. Secondly the Court gives advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies. This is the advisory procedure. It functions in accordance with its Statute which forms an integral part of the Charter (Art. 92, UN Charter). The International Court of Justice is composed of 15 judges who are elected by the General Assembly and the Security Council for a nine year term of office. It has its seat in the Peace Palace at The Hague, The Netherlands.

When deciding cases, the court applies international law as summarized in Article 38 of the ICJ Statute, which provides that in arriving at its decisions the court shall apply international conventions, international custom and the "general principles of law recognized by civilized nations." It may also refer to academic writing ("the teachings of the most highly qualified publicists of the various nations") and previous judicial decisions to help interpret the law although the court is not formally bound by its previous decisions under the doctrine of stare decisis. Article 59 makes clear that the common law notion of precedent or stare decisis does not apply to the decisions of the ICJ. The court's decision binds only the parties to that particular controversy. Under 38(1)(d), however, the court may consider its own previous decisions.

This Research Guide is intended as a starting point for research on the International Court of Justice. It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library's subject heading (keyword) International Court of Justice is instrumental for searching through the Catalogue. Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.

Librarian’s choice
Bibliography manually

Sources of international law

Treaties

Case-law

UN Declarations and Resolutions

Soft law

Reference works

Selected books and articles

2019

2018

2017

  • Abraham, R., “The Role of the ICJ in the Promotion of the Rule of Law”, Japanese Yearbook of International Law, 60 (2017), pp. 339-349.
  • Bonafé, B.I., “Discretional Intervention (Article 62, Statute of the Court)”, in P. Wojcikiewicz Almeida and J.-M. Sorel (eds.), Latin America and the International Court of Justice: Contributions to International Law, London, Routledge, 2017, pp. 98-108.
  • Bordin, F.L., “Procedural Developments at the International Court of Justice”, Law and Practice of International Courts and Tribunals, 16 (2017), No. 2, pp. 307-353. [e-article]
  • Brown, C., “Mock Debate: Is the Primacy of the International Court of Justice in International Dispute Settlement Under Threat?”, ASIL Proceedings, 110 (2017), pp. 191-199.
  • Caldeira Brant, L.N., “Application for Revision of a Judgment (Article 61, Statute of the Court)”, in P. Wojcikiewicz Almeida and J.-M. Sorel (eds.), Latin America and the International Court of Justice: Contributions to International Law, London, Routledge, 2017, pp. 88-97.
  • Cohen, M., “The Continuing Impact of French Legal Culture on the International Court of Justice”, in A. Roberts (et al.) (eds.), Comparative International Law, Oxford, Oxford University Press, 2017, pp.181-205. [PDF]
  • Crawford, J., “The Place of the International Court in International Dispute Settlement”, in ibid. (et al.) (eds.), The International Legal Order: Current Needs and Possible Responses: Essays in Honour of Djamchid Momtaz, Leiden, Brill Nijhoff, 2017, pp. 95-116. [e-article]
  • Creamer, C., and Z. Godzimirska, “The Job Market for Justice: Screening and Selecting Candidates for the International Court of Justice”, Leiden Journal of International Law, 30 (2017), No. 4, pp 947-966.
  • d'Aspremont, J., “The International Court of Justice and the Irony of System-Design”, Journal of International Dispute Settlement, 8 (2017), No. 2, pp. 366-387. [PDF]
  • d’Aspremont, J., “International Lawyers and the International Court of Justice: Between Cult and Contempt”, in J. Crawford (et al.) (eds.), The International Legal Order: Current Needs and Possible Responses: Essays in Honour of Djamchid Momtaz, Leiden, Brill Nijhoff, 2017, pp. 117-130. [e-article]
  • Gaja, G., “Assessing Expert Evidence in the ICJ”, Law and Practice of International Courts and Tribunals, 15 (2017), No. 3, pp. 409-418. [e-article]
  • Galindo, G.R.B., “On Form, Substance, and Equality Between States”, AJIL Unbound, 111 (2017), pp. 75-80. [PDF]
  • Garrido- Muñoz, A., “Managing Uncertainty: The International Court of Justice, ‘Objective Reasonableness’ and the Judicial Function”, Leiden Journal of International Law, 30 (2017), No. 2, pp. 457–474.
  • González García, L., “Intervention by third Parties under Article 63 of the Statute”, in P. Wojcikiewicz Almeida and J.-M. Sorel (eds.), Latin America and the International Court of Justice: Contributions to International Law, London, Routledge, 2017, pp. 109-119. [PDF]
  • Khan, S.A, “The Issues of Admissibility Pertaining to Circumstantial, Contested, Classified, and Illicitly Obtained Evidence in the International Court of Justice”, Research Society of International Law Review, 1 (2017), No. 1, pp. 105-117. [PDF]
  • Lando, M., “Compliance with Provisional Measures Indicated by the International Court of Justice”, Journal of International Dispute Settlement, 8 (2017), No. 1, pp. 22-55.
  • Miles, C.A., “Provisional Measures and the Margin of Appreciation before the International Court of Justice”, Journal of International Dispute Settlement, 8 (2017), No. 1, pp. 1-21.
  • Oellers-Frahm, K., “Enforcement of the International Court of Justice Decisions”, in P. Wojcikiewicz Almeida and J.-M. Sorel (eds.), Latin America and the International Court of Justice: Contributions to International Law, London, Routledge, 2017, pp. 131-141. [PDF]
  • Palchetti, P., “Responsibility for Breach of Provisional Measures of the ICJ: Between Protection of the Rights of the Parties and Respect for the Judicial Function”, Rivista di diritto internazionale, 100 (2017), No. 1, pp. 5-22.
  • Proulx, V.-J., “The World Court's Jurisdictional Formalism and its Lost Market Share: The Marshall Islands Decisions and the Quest for a Suitable Dispute Settlement Forum for Multilateral Disputes”’, Leiden Journal of International Law, First View (Sept. 2017).
  • Punzhin, S.M., “Procedural Normative System of the International Court of Justice”, Leiden Journal of International Law, 30 (2017), No . 3, pp. 661-683. [e-article]
  • Reisman, W.M., and M.H. Arsanjani, “Legal Decisions and their Implementation in International Law”, in J. Crawford (et al.) (eds.), The International Legal Order: Current Needs and Possible Responses: Essays in Honour of Djamchid Momtaz, Leiden, Brill Nijhoff, 2017, pp. 149-161. [e-article]
  • Rose, C., “Fraudulent Evidence at the International Court of Justice”, ASIL Proceedings, 110 (2017), pp. 329-332.
  • Sarmiento Lamus, A., and W. Arevalo Ramirez, “Non-Appearance before the International Court of Justice and the Role and Function of Judges Ad Hoc”, Law and Practice of International Courts and Tribunals, 16 (2017), No. 3, pp. 398-412. Apr. 2018
  • Seifi, J., “Peremptory Norms and the Jurisdiction of the International Court of Justice”, in J. Crawford (et al.) (eds.), The International Legal Order: Current Needs and Possible Responses: Essays in Honour of Djamchid Momtaz, Leiden, Brill Nijhoff, 2017, pp. 162-173. [e-article]
  • Skinner, C.P., “Ethical Dilemmas in Interstate Disputes”, ASIL Proceedings, 110 (2017), pp. 321-323.
  • Wass, J., “Jurisdiction by Estoppel and Acquiescence in International Courts and Tribunals”, British Yearbook of International Law, 86 (2017), pp. 155-195.
  • Yi Chao, “Power, Jurisdiction and Admissibility : Reconceptualizing Procedural Legal Issues in the Interpretative Proceedings under Article 60 of the ICJ Statute”, Journal of East Asia and International Law, 10 (2017), No. 2, pp. 511-534. Feb. 2018

2016

  • Abraham, R., “Presentation of the International Court of Justice over the Last Ten Years”, Journal of International Dispute Settlement, 7 (2016), No. 2, pp. 297-307.
  • Akande, D., “Selection of the International Court of Justice as a Forum for Contentious and Advisory Proceedings (Including Jurisdiction)”, Journal of International Dispute Settlement, 7 (2016), No. 2, pp. 320-344.
  • Chan, L., "The Dominance of the International Court of Justice in the Creation of Customary International Law", Southampton Student Law Review, 6 (2016), No. 1, pp. 44-71.
  • De Brabandere, E., “The Use of Precedent and External Case Law by the International Court of Justice and the International Tribunal for the Law of the Sea”, Law and Practice of International Courts and Tribunals, 15 (2016), No. 1, pp. 24-55.
  • Feinäugle, C.A., “The International Court of Justice and the Rule of Law”, in ibid. (ed.), The Rule of Law and its Application to the United Nations, Baden-Baden, Nomos; Oxford, Hart, 2016.
  • Georgievski, S., “The International Court of Justice and Diplomatic Settlement of Disputes: Could ICJ Judgments Play an Effective Role in the Negotiation of Interstate Disputes?”, in Wolfrum, R. (et al.) (eds.), Contemporary Developments in International Law: Essays in Honour of Budislav Vukas, Leiden/Boston, Brill Nijhoff, 2016, pp. 709-728.
  • Krzan, B., “Fiat iustitia... Professor Krzysztof Skubiszewski and his Vision of the Relations between the International Court of Justice and the Security Council”, International Community Law Review, 18 (2016), No. 2, pp. 129-150.
  • Lima, L.C., “Expert Advisor or Non-Voting Adjudicator?: the Potential Function of Assessors in the Procedure of the International Court of Justice”, Rivista di diritto internazionale, 99 (2016), No. 4, pp. 1123-1146.
  • Malintoppi, L., “Fact Finding and Evidence before the International Court of Justice (Notably in Scientific-Related Disputes)”, Journal of International Dispute Settlement, 7 (2016), No. 2, pp. 421-444.
  • Miron, A., “Working Methods of the Court”, Journal of International Dispute Settlement, 7 (2016), No. 2, pp. 371-394.
  • Roscini, M., "Digital Evidence as a Method of Proof Before the International Court of Justice", Journal of Conflict and Security Law, 21 (2016), No. 3, pp. 541-554.
  • Yee, S., “Article 38 of the ICJ Statute and Applicable Law: Selected Issues in Recent Cases”, Journal of International Dispute Settlement, 7 (2016), No. 2, pp. 472-498.

2015

  • Bjorge, E., “The International Court of Justice's Methodology of Law Ascertainment and Comparative Law”, in M. Andenas and D. Fairgrieve (eds.), Courts and Comparative Law, Oxford, Oxford University Press, 2015, pp. 213-231.
  • Bordin, F.L., “Procedural Developments at the International Court of Justice”, Law and Practice of International Courts and Tribunals, 14 (2015), No. 2, pp. 344-364.
  • Couvreur, P., “The International Court of Justice”, in G. De Baere and J. Wouters (eds.), The Contribution of International and Supranational Courts to the Rule of Law, Cheltenham, UK, Edward Elgar Publishing, 2015, pp. 85-126.
  • Dinge, L, “A Legal Journey through the UN, Academia, and the ICJ: Conversations with Dame Rosalyn Higgins DBE, JSD, FBA, QC”, Legal Information Management, 15 (2015), No. 2, pp. 86-94.
  • Gaja, G., “Requesting the ICJ to Revoke or Modify Provisional Measures”, Law and Practice of International Courts and Tribunals, 14 (2015), No. 1, pp. 1-6.
  • Giorgetti, G., “The Challenge and Recusal of Judges of the International Court of Justice”, in ibid (ed.), Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals, Brill/Nijhoff, 2015, pp. 3-33. [PDF]
  • Kassoti, E, “Fragmentation and Inter-Judicial Dialogue: The CJEU and the ICJ at the Interface”, European Journal of Legal Studies, 8 (Winter 2015), No. 2, pp. 21-49. [PDF]
  • Kulick, A., “Article 60 ICJ Statute, Interpretation Proceedings, and the Competing Concepts of Res Judicata”, Leiden Journal of International Law, 28 (2015), No. 1, pp. 73-89.
  • Oellers-Frahm, K., “Provisional Measures in Interpretation Proceedings - A New Way to extend the Court's Jurisdiction?: The Practice of the Court in the Avena and Temple of Preah Vihear Cases, in C. Chernor Jalloh and O. Elias (eds.), Shielding Humanity: Essays in International Law in Honour of Judge Abdul G. Koroma, Leiden, Brill/Nijhoff, 2015, pp. 61-84.
  • Rodley, N.S., “The International Court of Justice and Human Rights Treaty Bodies”, in J.A. Green and C.P.M. Waters (eds.), Adjudicating International Human Rights: Essays in Honour of Sandy Ghandhi, Leiden, Brill Nijhoff, 2015, pp. 12-39.
  • Schreuer, C., “At What Time Must Jurisdiction Exist?”, in D.D. Caron (et al.) (eds.), Practising Virtue: Inside International Arbitration, Oxford, Oxford University Press, 2015, pp. 264-279.
  • Schwebel, S.M., “Judge Sir Hersch Lauterpacht’s Report on the Revision of the Statute of the International Court of Justice”, in D.D. Caron (et al.) (eds.), Practising Virtue: Inside International Arbitration, Oxford, Oxford University Press, 2015, pp. 158-166.
  • Talmon, S, “Determining Customary International Law: The ICJ’s Methodology between Induction, Deduction and Assertion”, European Journal of International Law, 26 (2015), No. 2, pp. 417-443.
  • Tomka, H.E. P., and V.-J. Proulx, “The Evidentiary Practice of the World Court" (November 20, 2015), in J.C. Sainz-Borgo (ed), Liber Amicorum Gudmundur Eiriksson, San José, University for Peace Press, 2016, Forthcoming. [PDF]; NUS Law Working Paper No. 2015/010 [PDF]
  • Wellens, K., “The International Court of Justice, back to the Future: Keeping the Dream Alive”, in ibid (ed.), International Law in Silver Perspective: Challenges Ahead, Leiden, Brill Nijhoff, 2015, pp. 137-206.
  • Yusuf, A.A., “From Reluctance to Acquiescence: The Evolving Attitude of African States Towards Judicial and Arbitral Settlement of Disputes”, Leiden Journal of International Law, 28 (2015), No. 3, pp 605-621.

2014 and before

  • Coleman, A., “The International Court of Justice and Highly Political Matters”, 4 Melbourne Journal of International Law, 4 (2003), No. 1, pp. 29–75.
  • Crook, J.R., “The International Court of Justice and Human Rights”, Northwestern Journal of International Human Rights, 1 (2004), No. 1, pp. 1-7. [PDF]
  • Dothan, S., “How International Courts Enhance Their Legitimacy”, Theoretical Inquiries in Law, 14 (2013), No. 2, pp. 455-478. [PDF]
  • Gaja, G., “Preventing Conflicts between the Court's Orders on Provisional Measures and Security Council Resolutions”, in G. Gaja and J. Grote Stoutenburg (eds.), Enhancing the Rule of Law through the International Court of Justice, Leiden, Brill, 2014, pp. 87-92.
  • Greenwood, C., “Judicial Integrity and the Advisory Jurisdiction of the International Court of Justice”, in G. Gaja and J. Grote Stoutenburg (eds.), Enhancing the Rule of Law through the International Court of Justice, Leiden, Brill, 2014, pp. 63-73.
  • Hernández, G.I., “Impartiality and Bias at the International Court of Justice”, Cambridge Journal of International and Comparative Law, 1 (2012), No. 3, pp. 183–207.
  • Higgins, R., “Alternative Perspectives on the Independence of International Courts: Remarks, ASIL Proceedings, 99 (2005), pp. 135-138.
  • Krari-Lahya, C, “Cooperation and Competition between the International Court of Justice and the Security Council”, in G. Gaja and J. Grote Stoutenburg (eds.), Enhancing the Rule of Law through the International Court of Justice, Leiden, Brill, 2014, pp. 47-61. [PDF]
  • Liebelt, F., "Third State Intervention before the International Court of Justice in International Environmental Law Cases", LLM Seminar Paper, Faculty of Law, Victoria University of Wellington, 2013. [PDF]
  • Marotti, L, “The International Court of Justice Role in Influencing the Approach of Other Courts on Fundamental Procedural Matters”, in M. Arcari and L. Balmond (eds.), Judicial Dialogue in the International Legal Order: Between Pluralism and Legal Certainty, Napoli, Editoriale Scientifica, 2014, pp. 7-27.
  • Peat, D., “The Use of Court-Appointed Experts by the International Court of Justice”, British Yearbook of International Law, 84 (2013), pp. 271-303.
  • Posner, E.A., “The Decline of the International Court of Justice”, Univ. of Chicago Law & Economics, Olin Working Paper No. 233; Univ. of Chicago, Public Law Working Paper No. 81, 2004. [PDF]
  • Posner, E.A., and M. de Figueiredo, “Is the International Court of Justice Biased?”, Univ. of Chicago Law & Economics, Olin Working Paper No. 234, 2004. [PDF]
  • Robinson, D.R., “The Role of Politics in the Election and the Work of Judges of the International Court of Justice”, ASIL Proceedings, 97 (2003), pp. 277-282.
  • Rosenne, S., “The Law and Practice of the International Court of Justice: Introduction”, in J. Weiler and A.T. Nissel (eds.), International Law, London, Routledge, 2011, pp. 289-322.
  • Sloan, J., and C.J. Tams, “The Development of International Law by the International Court of Justice”, Hague Yearbook of International Law, 26 (2013), pp. 216-238, 2014.
  • Thirlway, H., "The International Court of Justice", in M.D. Evans (ed.), International Law, Oxford, Oxford University Press, 2010, pp. 586-614.
  • Tomka, P., “The Rule of Law and the Role of the International Court of Justice in World Affairs”, Inaugural Hilding Eek Memorial Lecture, Stockholm, December 2013. [PDF]

Periodicals, serial publications

Bibliographies