What is the jurisdiction of the International Court of Justice?

The jurisdiction of the ICJ is based on the consent of the states that are parties to a dispute or a request for an opinion. The ICJ cannot force any state to accept its jurisdiction or to comply with its judgments or opinions. The ICJ has two types of jurisdiction: contentious and advisory.

Contentious jurisdiction means that the ICJ can settle legal disputes between states that agree to submit their case to the court. The ICJ can only deal with disputes that involve issues of international law, such as treaties, conventions, customary law, or general principles of law. The ICJ cannot intervene in matters of domestic law or politics, unless they have an international dimension.

There are different ways that states can consent to the contentious jurisdiction of the ICJ. One way is by signing a special agreement (compromis) that specifies the subject matter and the legal questions that the court should resolve. Another way is by accepting a compromissory clause in a treaty or convention that provides for the referral of disputes to the ICJ.

A third way is by making a declaration under Article 36 (2) of the Statute of the ICJ, which allows states to accept the court’s jurisdiction as compulsory in relation to any other state that has made a similar declaration. However, states can also make reservations or exceptions to their declarations, limiting the scope of their acceptance.

Advisory jurisdiction means that the ICJ can give opinions on legal questions that are referred to it by authorized organs of the United Nations or specialized agencies. The ICJ can only give opinions on questions that are related to the functions of these organs or agencies, and that are of a legal character. The ICJ cannot give opinions on hypothetical or political questions, or on matters that are already pending before the court as contentious cases.

The main organ that requests advisory opinions from the ICJ is the General Assembly of the United Nations, which can do so on any legal question. Other organs that can request advisory opinions are the Security Council, the Economic and Social Council, and other specialized agencies that have been authorized by the General Assembly. The ICJ can also give advisory opinions to one related organization, which is the International Atomic Energy Agency.

The advisory opinions of the ICJ are not binding on the requesting organs or agencies, or on any other parties. However, they have great authority and influence as expressions of the highest judicial body in international law. They can also have legal effects if they are endorsed or implemented by the requesting organs or agencies, or by other actors in international relations.