Updated: August 27, 2019 (Open Access and Database).

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 (contentious procedure) and gives advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies (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.

This Research Guide provides a starting point for research on the International Court of Justice (ICJ). It contains open access publications and legal materials available in the Peace Palace Library, both in print and electronic format. Books, articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section including links to the PPL Catalogue when available. 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.

 

Open Access publications, 2017-2019

Young, M.A. (et al.), “Studying Country-Specific Engagements with the International Court of Justice” (August 23, 2019), U of Melbourne Legal Studies Research Paper; Journal of International Dispute Settlement, Forthcoming (2019).
Abstract: Countries engage with the International Court of Justice as litigants, as participants in advisory proceedings, and less directly, through contributions of nationals as judges or lawyers. A broad range of scholarship within the discipline of public international law examines this engagement. Specific regional ...

Kjeldgaard-Pedersen, A., “The International Court of Justice and the Individual” (August 19, 2019), in A. Skordas (ed), Research Handbook on the International Court of Justice, Edward Elgar, Forthcoming.
Abstract: This chapter studies the relationship between the ICJ and ‘the individual’ in a broad sense, including both human beings and private companies. It argues that there is a gap between, on the one hand, the most famous dicta by the ICJ and its predecessor, the PCIJ, about the concept of international ...

Helmersen, S.T., “Finding ‘the Most Highly Qualified Publicists’: Lessons from the International Court of Justice” (July 22, 2019), European Journal of International Law, 30 (2019), No. 2, pp. 509-535.
Abstract: This article suggests four factors that the Court’s judges apparently use when assessing the weight of ‘teachings’: the quality of the work, the expertise and official positions of the author(s) and agreement between multiple authors. Judges may invoke these factors because it can make their opinions more ...

Karvatska, S. B. "Travaux Préparatoires: Application by the International Court of Justice in Interpretation of International Law” (May 3, 2019), Actual Problems of International Relations, 138 (2019), pp. 144-152.
Abstract: The article is devoted to the analysis of the nature, essence and mechanism of the application of travaux préparatoires by the International Court of Justice in the process of interpreting the international law. It is proven that the interpretational practice of the ICJ shows the extension of the doctrinal ...

Musto, C., and A. Tzanakopoulos, “The International Court of Justice and 'Progressive Causes'” (April 27, 2019), in A. Skordas (ed.), Research Handbook on the International Court of Justice, Edward Elgar, Forthcoming; Oxford Legal Studies Research Paper No. 35/2019.
Abstract: In this chapter we consider whether the International Court of Justice has developed its judicial policy so as to embrace ‘progressive causes’. We investigate how the Court responds when faced with proceedings involving divisive issues of interest to the international community as a whole and how such ...

Ulfstein, G., “Majority and Individual Opinions: Constructive Dialogue or the Worst of Two Worlds?” (April 10, 2019), in A. Skordas (ed.), Research Handbook on the International Court of Justice, Edward Elgar, Forthcoming; PluriCourts Research Paper.
Abstract: This article examines the significance of the ICJ’s rules and practices for the Court’s internal working; its settlement of disputes; clarification and development of international law; and the implications for the independence of the ICJ. It is concluded that the Court’s procedures have not prevented the ...

Odermatt, J., “The International Court of Justice and the Court of Justice of the European Union: Between Fragmentation and Universality of International Law” (April 10, 2019), in A. Skordas (ed.), Research Handbook on the International Court of Justice, Edward Elgar, Forthcoming.
Abstract: This chapter discusses how the Court of Justice of the European Union (CJEU) has used judgments of the International Court of Justice (ICJ) in its legal reasoning. The CJEU uses ICJ jurisprudence in three main ways: when discussing customary international law, when applying the law of treaties, and when ...

Tzanakopoulos, A., “The Secretary-General's Trust Fund to Assist States in the Settlement of Disputes Through the International Court of Justice” (February 20, 2019), in Max Planck Encyclopedia of International Procedural Law, H. Ruiz Fabri, (ed.), Forthcoming.
Abstract: In this entry for the Encyclopedia of International Procedural Law, I review the structure and operation, and the practice of the Secretary-General’s Trust Fund to Assist States in the Settlement of Disputes through the ICJ, comparing it to other funds inspired by it, and offering a brief evaluation of the ...

Wagner, J., “The Chagos Request and the Role of the Consent Principle in the ICJ’s Advisory Jurisdiction, Or: What to Do When Opportunity Knocks” (December 28, 2018), Questions of International law (QIL), 55 (2018), pp. 177-189.
Abstract: The first and one of the key questions the Court will be faced with is whether it has the jurisdiction to give the requested opinion or whether there are compelling reasons why the Court should use its discretionary power to decline to exercise jurisdiction. The paper reviews the relevant law ...

Dothan, S., “Ex Aequo et Bono: The Uses of the Road Never Taken” (November 30, 2018), in A. Skordas (ed.), Research Handbook on the International Court of Justice, Elgar Publishing, 2019, Forthcoming.
Abstract: The ICJ can decide cases either according to the sources of international law (the law route) or—if the parties so choose—according to justice, "ex aequo et bono" (the justice route). The ICJ has never issued a judgment in the justice route, which indicates that no pair of parties simultaneously agreed to choose ...

Zyberi, G., “The International Court of Justice and the Recognition of States” (November 2018), in G. Visoka (et al.) (eds.), The Routledge Handbook of State Recognition, 2019, Forthcoming.
Abstract: First, this chapter places in context the role of the Court in interpreting different legal aspects concerning the process of State recognition. Then, it proceeds to analysing the following issues: access to the Court for UN non-member States and differences between contentious cases and advisory ...

Chan, K.-C., “The ICJ’s Judgement in Somalia v. Kenya and Its Implications for the Law of the Sea (November 22, 2018), Utrecht Journal of International and European Law, 34 (2018), No. 2, pp.195–204.
Abstract: The main implication of the judgment is that the Court embraced a more objective definition of treaties and identified the significance of context as well as travaux préparatoires in treaty interpretation. By doing so, the Court further established itself as the default adjudicator in law of the sea disputes ...

Becker, M., “The Situation of the Rohingya: Is There a Role for the International Court of Justice" (November 14, 2018), EJIL: Talk! November 2018.
Abstract: This short article considers the prospects for a case against Myanmar at the ICJ, including the jurisdictional basis for bringing such a case under the 1948 Genocide Convention, the challenge of identifying a state to act as the applicant, and the attendant benefits and risks of pursuing such an ...

Park, L., "The International Court and Rule-Making: Finding Effectiveness" (September 20, 2018), University of Pennsylvania Journal of International Law, 39 (2018), No. 4, pp. 1065-1097.
Abstract: This Comment argues that despite the lack of authority to do so, the Court creates international law, either by itself or with the assistance of other international bodies. These new laws and obligations, in turn, inherently affect state behavior. While the majority of the Court's critcisms center on its role as an ...

Kunz, R., “Teaching the World Court Makes a Bad Case: Revisiting the Relationship between Domestic Courts and the ICJ” (July 13, 2018), Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2018-12.
Abstract: Sentenza 238/2014 of the Italian Constitutional Court highlights the important role domestic courts play in international law. It illustrates the ever more autonomous and self-confident stance of domestic courts on the international plane. But the ruling also shows that more engagement with ...

Dothan, S., “The Motivations of Individual Judges and how They Act as a Group” (June 21, 2018), German Law Journal, 19 (2018), Forthcoming; iCourts Working Paper Series, No. 132.
Abstract: States have a significant influence on the selection of judges to international courts. This raises the concern that judges will be biased in favor of their home states, a concern backed by some empirical research. To counter that danger, international courts usually sit in large and diverse panels. Scholars ...

Decisions of the ICJ as Sources of International Law?, Gaetano Morelli Lectures Series, Vol. 2 (June 16, 2018), Rome, International and European Papers Publishing, 2018.
Abstract: This volume deals with the role of the ICJ in the development of international law: an issue that is more and more attracting the attention of scholars and practitioners and touches upon fundamental conceptions about the process of international law-making. This issue is looked at by three authors, from ...

Güzel, M.Ş. “The Chagos Archıpelago Case in The Internatıonal Court of Justıce” (June 01, 2018), Bölgesel Araştırmalar Dergisi, 2 (2018), No. 1, pp.119-151.
Abstract: On 22 June 2017, the General Assembly of the United Nations requested the International Court of Justice to give an advisory opinion on 2 questions about the separation of the Chagos Archipelago from Mauritius in 1965 by the Lancaster House Undertakings. Even if the case seems to be between the United ...

Liao, Shiping, “Fact-Finding in Non-Appearance Before International Courts and Tribunals” (May 31, 2018).
Abstract: International courts and tribunals frequently face criticism for possible inaccuracy of fact-finding undertaken under conditions of incomplete stakeholder participation and information deficiencies. This paper examines the practice of various courts and tribunals in non-appearance cases and attempts to ...

Wojcikiewicz Almeida, P., “Enhancing ICJ Procedures in Order to Promote Global Public Goods: Overcoming the Prevailing Tension between Bilateralism and Community Interests” (April 16, 2018), European Society of International Law (ESIL): Conference Paper Series, Conference Paper No. 12/2017.
Abstract: By developing international law, international courts - ‘intermediate Global Public Goods (GPG)’- can also contribute to the protection and promotion of final GPG. In legal discourse, the term is often linked but not limited to the idea of erga omnes norms. The ICJ, in particular, is capable of promoting ...

Madsen, M., “Who Rules the World? The Educational Capital of the International Judiciary” (April 6, 2018), Forthcoming in University of California Journal of International, Transnational, and Comparative Law; iCourts Working Paper Series No. 127.
Abstract: While the proliferation of ICs has been described in details, we know surprisingly little about who the actual judges sitting at the helm of contemporary judicialized international law and ruling (on) the world are. What has been termed the “invisible college of international law” remains largely invisible ...

Zyberi, G., “Enforcing Human Rights Through the International Court of Justice: Between Idealism and Realism” (April 1, 2018), in Sir Nigel Rodley and T. Van Ho (eds.), Research Handbook on Human Rights Institutions and Enforcement, Edward Elgar, 2018, Forthcoming.
Abstract: When considering the institutional enforcement of human rights, the International Court of Justice might not be the first international judicial institution that comes to mind, mainly because of the lack of standing of individuals before this Court and the establishment of other international courts and ...

Venzke, I., “The International Court of Justice During the Battle for International Law (1955-1975): Colonial Imprints and Possibilities for Change” (March 23, 2018), in J. von Bernstorff and P. Dann (eds.), The Battle for International Law in the Decolonization Era , Forthcoming; Amsterdam Law School Research Paper No. 2018-08; Amsterdam Center for International Law No. 2018-02.
Abstract: This chapter investigates the role of the International Court of Justice during the battle for international law, roughly between the years of 1955-1975. It first draws attention to the sceptical voices from newly independent states that saw the Court in its role of reinforcing international law’s colonial ...

Odermatt, J., “Patterns of Avoidance: Political Questions Before International Courts” (March 7, 2018), iCourts Working Paper Series No. 120; International Journal of Law in Context, 14(2), Forthcoming.
Abstract: International courts (ICs) have found themselves dealing with issues that are ‘political’ in nature. This article discusses the techniques of avoidance ICs have developed to navigate such highly political or sensitive issues. The first part discusses some of the key rationales for avoidance. Drawing on the ...

Stoica, V.S. Remedies Before the International Court of Justice: A Systemic Analysis, Doctoral Thesis, University of Geneva, No. D. 949, March 02, 2018. June 2018
Abstract: The scope of the thesis is to determine the manner in which the ICJ interprets and applies the remedies generally accepted by the international community and codified by the International Law Commission in its Articles on State Responsibility. This thesis seeks to answer the following questions: i) Whether the ICJ ...

Dingley, G.L.A. "Playing Musical Chairs with International Justice: Evaluating the Appointment of Judges ad hoc in Proceedings before the International Court of Justice" (February 24, 2018), SOAS Law Journal, 4 (2017), pp. 143-152.
Abstract: Under Article 31 of the Statute of the International Court of Justice, an ad hoc judge may be appointed by either of the parties before the Court, where they do not have a judge of their nationality on the Bench. This provision has been heavily criticised as it detracts from the notion of impartiality ...

Gasbarri, L., “Courtspeak: A Method to Read the Argumentative Structure Employed by the International Court of Justice in its Judgments and Advisory Opinions (January 22, 2018), iCourts Working Paper Series, No. 113.
Abstract: It is intuitive that a persuasive judgment has more chances to achieve compliance, to set a precedent and to generally influence the authority of a court. It is more difficult to identify the writing tools that create its rhetorical structure. This paper defines and describes ‘courtspeak’ relying on the elements ...

Ma, X. and Guo, S., “An Empirical Study of the Voting Pattern of Judges of the International Court of Justice (2005-2016)” (December 31, 2017), Erasmus Law Review, 10 (2017), No. 3.
Abstract: The Statute of the International Court of Justice stipulates that judges shall exercise their powers impartially. We question the practicability of this statement and examine whether the voting pattern of the judges are biased. In this light, empirical research is conducted on cases adjudicated from 2005 to 2016 ...

Bonafé, B.I., “Establishing the Existence of a Dispute Before the International Court of Justice: Drawbacks and Implications (December 31, 2017), Questions of International Law, 45 (2017), pp. 3-32.
Abstract: The determination of the existence of the dispute is a crucial aspect according to which the International Court of Justice decides whether it can exercise its contentious jurisdiction. In the recent judgments concerning the Marshall Islands cases, the Court adopted a particularly strict approach in ...

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.
Abstract: Little attention has been paid to the influence of domestic legal cultures and languages on the design and internal organization of international courts. Focusing on the ICJ and its predecessor court, the PCIJ, this chapter aims to make the reach of domestic norms, in particular French legal culture, in the ...

McClintock, C.C., “Greasy Luck to Whalers : How the International Whaling Commission and International Court of Justice Can Use Principles of American Administrative and Environmental Law to Keep Japan From Circumventing the International Convention for the Regulation of Whaling”, International Immersion Program Papers 53 (2017).
Abstract: This paper examines how the International Whaling Commission and International Court of Justice could use insights from administrative and environmental law to improve and tighten regulation of scientific whaling programs in order to ensure that such programs do not frustrate the purposes of the ...

Bodansky, D., The Role of the International Court of Justice in Addressing Climate Change: Some Preliminary Reflections” (August 2, 2017), Arizona State Law Journal, 49 (2017).
Abstract: What role might international adjudication play in addressing climate change? Thus far, the international climate change regime has developed primarily through negotiations. The essay explores the relationship between adjudication and negotiation, and how an ICJ advisory opinion could work with ...

Yotova, R., “Challenges in the Identification of the ‘General Principles of Law Recognized by Civilized Nations’: The Approach of the International Court (August 1, 2017), University of Cambridge Faculty of Law Research Paper No. 38/2017.
Abstract: This article seeks to identify the appropriate methodology for ascertaining the existence of the controversial ‘general principles of law’. It does so by going back to the preparatory works of Article 38(1)(c) of the ICJ Statute and then critically assessing state practice and the case law of the Court on identifying ...

Galindo, G.R.B., “On Form, Substance, and Equality Between States” (June 2, 2017), in AJIL Unbound, 111 (2017), pp. 75-80.
Abstract: The International Court of Justice’s Marshall Islands cases show the omnipresence of the dichotomy between form and substance in the Court's case-law. Commentators and several dissenting judges have stressed that the judgments represent a landmark in the sense that the Court has radically ...

Venzke, I., “Public Interests in the International Court of Justice: A Comparison between Nuclear Arms Race (2016) and South West Africa (1966)” (June 2, 2017), in AJIL Unbound, 111 (2017), pp. 68-74.
Abstract: The Court’s judgment in 1966 was the first, and the one in 2016 the latest, in a series of cases that may be read as instances of public interest litigation - judicial action in support of causes that have not found effective recognition in the political process. When comparing the two judgments, the author ...

Proulx, V.-J., “The Marshall Islands Judgments and Multilateral Disputes at the World Court: Whither Access to International Justice? (June 2, 2017), in AJIL Unbound, 111 (2017), pp. 96-101.
Abstract: The International Court of Justice has mostly emphasized substance over form and developed a pragmatic, flexible, objective, and fact-based analytical approach to jurisdiction. That is until a recent series of judgments veering towards jurisdictional formalism. However, to truly reflect its designation as the ...

Gao, E.Y., “The International Court of Justice and Political Questions: Defending the Rule of Law or a Continuation of Politics by Other Means?”, Thesis Haverford College, 21 April 2017.
Abstract: This paper discusses the role of the International Court of Justice (ICJ) with the regard to the politically sensitive disputes arising between states. The ICJ no longer rules primarily on the technical disputes concerning the territorial and maritime boundaries or the interpretation of commercial ...

Schiettekatte, S., “Building the Bridge between Science and Law at the International Court of Justice: From Ex Parte to Ex Curia Experts” (May 7, 2017), LLM, Public International Law, Leiden University.
Abstract: The increased need for scientific knowledge in international dispute settlement is a consequence of both scientific and technological developments and the low normativity of the rules developed in response to these developments. Issues relating to the protection of the environment or use of natural ...

Messenger, G., “The Practice of Litigation at the ICJ: The Role of Counsel in the Development of International Law” (April 13, 2017), in M. Hirsch and A. Lang (eds), Research Handbook on the Sociology of International Law, Edward Elgar, Forthcoming.
Abstract: This contribution seeks to identify the role of particular actors involved in international law-making – international legal counsel – those individuals involved in providing legal advice and litigating at international tribunals. In particular, the focus will be on the International Court of Justice (‘ICJ’). The ...

Gogarty, B., and P. Lawrence, “The ICJ Whaling Case: Missed Opportunity to Advance the Rule of Law in Resolving Science-Related Disputes in Global Commons?” (April 1, 2017), University of Tasmania.
Abstract: A number of treaties relating to the global commons include provisions which rely on science, or scientific research, without defining these terms. Disputes relating to what counts as genuine science and/or the appropriate responses to science are a feature of these regimes. Against this background ...

d'Aspremont, J., “The International Court of Justice and the Irony of System-Design” (March 13, 2017), Journal of International Dispute Settlement, 8 (2017), No. 2, pp. 366-387.
Abstract: The idea that international law constitutes a system is an unsurprisingly popular construction in the legal academy. This article argues that international lawyers have found in the International Court of Justice and its sources-based and rules-based modes of legal reasoning the support and the necessary ...

Cohen, H.G. (et al.), “Introduction: Legitimacy and International Courts” (March 2, 2017), in Legitimacy and International Courts, Cambridge University Press, Forthcoming ; University of Georgia School of Law Legal Studies Research Paper No. 2017-10; Dean Rusk International Center Research Paper No. 2017-04; PluriCourts Research Paper No.17-03.
Abstract, Legitimacy and International Courts examines the underpinnings of legitimacy, or the justification of the authority, of international courts and tribunals. Authors explore what strengthens and weakens the legitimacy of various different international courts, while also considering broader theories of court ...

Grossman, N., “Solomonic Judgments and the International Court of Justice” (February 24, 2017), in forthcoming book on Legitimacy and International Courts, Cambridge University Press, 2017.
Abstract: This Chapter explores the relationship between legitimacy and Solomonic judgments. It suggests that Solomonic decision-making is a potential danger to the normative legitimacy of the ICJ when it exceeds the scope of States’ delegated authority and because it is inherently biased against parties with ...

Khan, S.A, “The Issues of Admissibility Pertaining to Circumstantial, Contested, Classified, and Illicitly Obtained Evidence in the International Court of Justice” (November 15, 2016), Research Society of International Law Review, 1 (2017), No. 1, pp. 105-117.
Abstract: The ICJ has generally had a liberal stance towards the admissibility of evidence, however when it comes to evidence which is circumstantial, classified, or illicitly obtained the Court has deviated from this general rule. This article focuses on exactly these issues and tackles some specifics within these issues ...

 

 

The Peace Palace Library has a collection of over a million publications. Each week, about six hundred new titles are added to our collection: books, articles, documents, online publications, etc. On this page, access is provided to this week’s new titles on the International Court of Justice itself, its activities and its decisions.

As we are right in the middle of moving to a new library system, it is not yet possible to automatically collect new titles for this Research Guide.

• Hague Justice Portal: Research files > Courts and tribunals > International Court of Justice.
• International Court of Justice, List of Contentious Cases and Advisory Opinions.
• International Court of Justice, Publications.
• Max Planck Encyclopedia of Public International Law, Advisory Opinions, by Hugh Thirlway. (subscription based)
• Max Planck Encyclopedia of Public International Law, International Court of Justice (ICJ), by Shabtai Rosenne. (subscription based)
• Max Planck Encyclopedia of Public International Law, International Court of Justice, Optional Clause, by Malgosia Fitzmaurice. (subscription based)
• Max Planck Encyclopedia of Public International Law, International Court of Justice, Rules and Practice Directions, by Abdul G. Koroma. (subscription based)
• Oxford Public International Law, International Court of Justice Collection. Aug., 2019
• United Nations Audiovisual Library of International Law: Courts and Tribunals, International Court of Justice.
• United Nations, Summaries of Judgments, Advisory Opinions and Orders of the International Court of Justice.
• Wikipedia, List of International Court of Justice cases.
• World Legal Information Institute (WorldLII), International Court of Justice, decisions.

 

• App links CIJ-ICJ: download on Apple App Store; download on Google Play
• Dag Hammarskjöld Library Research Guides, UN Documentation: International Court of Justice.
• Harvard Law School: International Courts and Tribunals, International Court of Justice.
• iCourts (Danish National Research Foundation's Centre of Excellence for International Courts)
• International Court of Justice website.
• International Court of Justice Twitter account: @CIJ_ICJ
• The International Court of Justice Research Guide, by Dana Neacşu
• The Hague Justice Portal
• Wikipedia: International Court of Justice
• Wikipedia: Jurisdiction of the International Court of Justice