Who are the parties to the ICJ? Which countries are not party to the UN?

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It settles legal disputes between states and gives advisory opinions on international legal issues. The ICJ is composed of 15 judges elected by the UN General Assembly and the Security Council for nine-year terms.

The judges must be of different nationalities and represent the main forms of civilization and legal systems of the world. All states that are members of the UN are automatically parties to the ICJ Statute, which means they can initiate or participate in cases before the court.

However, not all states have accepted the compulsory jurisdiction of the ICJ, which means they can only be sued by other states with their consent. As of January 2024, 74 states have made declarations recognizing the compulsory jurisdiction of the ICJ. Some states are not members of the UN but are parties to the ICJ Statute.

These are states that were members of the League of Nations and its Permanent Court of International Justice (PCIJ), the predecessor of the ICJ, and have maintained their status after the dissolution of the League. These states are Liechtenstein, Nauru, San Marino and Switzerland.

On the other hand, some states are not parties to the ICJ Statute, either because they are not members of the UN or because they have not ratified or acceded to it. These states cannot initiate or participate in cases before the court unless they accept its jurisdiction for a specific case or issue.

As of January 2024, four states are not members of the UN: Holy See (Vatican City), Palestine, Taiwan, and Western Sahara. The Holy See and Palestine have observer status in the UN General Assembly, which means they can attend and observe its meetings but cannot vote or make resolutions.

The Holy See has never applied for UN membership, but has diplomatic relations with many states and participates in some UN specialized agencies and international organizations. Palestine applied for UN membership in 2011 but has not received enough support from the Security Council to be admitted. However, it is recognized as a state by 138 UN member states and is a member of some UN-specialized agencies and international organizations.

Taiwan and Western Sahara are not recognized as sovereign states by most UN member states and do not have observer status in the UN General Assembly. Taiwan was a founding member of the UN as the Republic of China (ROC), but lost its seat to the People’s Republic of China (PRC) in 1971 after most states switched their recognition from Taipei to Beijing. Taiwan still maintains diplomatic relations with 15 UN member states and participates in some international organizations under different names or as an observer.

Western Sahara is a disputed territory claimed by both Morocco and the Sahrawi Arab Democratic Republic (SADR), which is a member of the African Union and recognized by 40 UN member states. The UN has been involved in efforts to find a peaceful solution to the conflict since 1991.