international Court of Justice

The International Court of Justice is the most important jurisdictional organ of the United Nations (UN) system, whose Statute was approved as an annex to the Charter of San Francisco or Charter of the United Nations in 1945. The Court continues the work of the Permanent Court of International Justice, as a way of following up on the international judicial apparatus, also as a way of evaluating the commendable work of the Permanent Court.

In this sense, the Charter of the United Nations provided:

Article 92 The International Court of Justice shall be the principal judicial organ of the United Nations; will operate in accordance with the Annex statute, which is based on that of the Permanent Court of International Justice, and which forms an integral part of this Charter. 

Article 93 1. All Members of the United Nations are ipso facto parties to the Statute of the International Court of Justice. 2. A State that is not a Member of the United Nations may become a party to the Statute of the International Court of Justice, in accordance with the conditions determined in each case by the General Assembly on the recommendation of the Security Council. 

Article 94 1. Each Member of the United Nations undertakes to comply with the decision of the International Court of Justice in all litigation to which it is a party. 2. If one of the parties to a dispute fails to comply with the obligations imposed by a judgment of the Court, the other party may appeal to the Security Council, which may, if it deems it necessary, make recommendations or dictate measures with the object of the execution of the judgment. 

Article 95 None of the provisions of this Charter shall prevent the Members of the United Nations from entrusting the settlement of their differences to other tribunals by virtue of agreements that already exist or may be concluded in the future. 

Article 96 1. The General Assembly or the Security Council may request the International Court of Justice to issue an advisory opinion on any legal question. 2. The other organs of the United Nations and the specialized agencies that at any time are authorized to do so by the General Assembly, may also request advisory opinions from the Court on legal questions that arise within the sphere of their activities.

RESOURCES