Which countries recognize ICJ? Which countries do not recognise the ICJ?

The International Court of Justice (ICJ) is the main judicial organ of the United Nations and the only international court that can adjudicate disputes between states. The ICJ can also give advisory opinions on legal questions submitted by authorized UN organs and agencies.

The ICJ is based in The Hague, Netherlands, and its official languages are English and French. The ICJ has jurisdiction over cases that are referred to it by the parties involved, either by a special agreement or by a compromissory clause in a treaty or convention.

The ICJ can also exercise jurisdiction if both parties have made declarations accepting the ICJ’s compulsory jurisdiction under Article 36 (2) of its Statute. However, such declarations may be made with reservations, limiting the scope of the ICJ’s jurisdiction in certain matters or situations.

As of 26 January 2024, 193 states are parties to the Statute of the ICJ, and thus entitled to appear before the Court. Of these, 74 states have made declarations accepting the compulsory jurisdiction of the ICJ, either unconditionally or with reservations. Some states have withdrawn or modified their declarations over time, while others have made declarations for a specific period or case.

Some states are not parties to the Statute of the ICJ, but may still access the Court under certain conditions. These include states that are parties to the Statute of the Permanent Court of International Justice (the predecessor of the ICJ), which have not yet ratified the Statute of the ICJ; states that have become parties to a treaty or convention containing a compromissory clause referring disputes to the ICJ; and states that have consented to the jurisdiction of the ICJ by a special agreement with another state.

Therefore, it is not possible to give a definitive list of which countries recognize or do not recognize the ICJ, as this may depend on various factors, such as the nature and source of the dispute, the consent and declarations of the parties, and the temporal and territorial scope of the jurisdiction. However, based on the available information, some examples of countries that have recognized or not recognized the ICJ in different cases are:

– Australia has accepted compulsory ICJ jurisdiction with reservations, excluding matters concerning its continental shelf, maritime zones, and Antarctic territories. Australia has also been involved in several cases before the ICJ, either as an applicant or a respondent, such as those concerning nuclear tests, whaling, maritime delimitation, and genocide.

– Brazil has not accepted compulsory ICJ jurisdiction, but has been a party to some cases before the ICJ based on compromissory clauses or special agreements. For instance, Brazil was a respondent in a case brought by Uruguay concerning pulp mills on a shared river, and an applicant in a case against Paraguay concerning consular assistance for nationals facing criminal charges.

– China has not accepted compulsory ICJ jurisdiction, nor has it been a party to any case before the ICJ. China has also expressed reservations about some treaties that contain compromissory clauses referring disputes to the ICJ, such as those concerning human rights and international humanitarian law.

– India has accepted compulsory ICJ jurisdiction with reservations, excluding matters relating to its domestic jurisdiction, sovereignty, security, and territorial integrity. India has also participated in several cases before the ICJ, either as an applicant or a respondent, such as those concerning aerial incidents, diplomatic protection, maritime delimitation, and consular access.

– United States has accepted compulsory ICJ jurisdiction with reservations, excluding matters within its domestic jurisdiction or affecting its vital interests. The United States has also withdrawn its declaration in 1986 after losing a case against Nicaragua concerning military and paramilitary activities. The United States has been involved in several cases before the ICJ, either as an applicant or a respondent, such as those concerning hostages, diplomatic immunity, consular notification, and nuclear weapons.