Which of the following statements about the International Court of Justice is/are correct? 1. The Court consists of members, wherein two members cannot be nationals of the same State. 2. The General Assembly and the Security Council proceed independently of one another to elect the members of the Court. Select the correct answer using the code given below.
- (a)1 only
- (b)2 only
- (c)Both 1 and 2
- (d)Neither 1 nor 2
Correct — C, Both 1 and 2. Both statements come straight out of the Statute of the International Court of Justice. Article 3 provides that the Court shall consist of fifteen Members, no two of whom may be nationals of the same State — which is exactly what statement 1 says, that two members cannot be nationals of the same State. Article 8 provides that the General Assembly and the Security Council shall proceed independently of one another to elect the members of the Court, which is statement 2 verbatim; a candidate must win an absolute majority in both organs to be elected, and in these elections the permanent members have no veto.
- (a)1 only — Rejects statement 2, but the independent-election rule is Article 8 of the Statute in almost the same words. It is the reason ICJ elections can run to many rounds when the two organs favour different candidates.
- (b)2 only — Rejects statement 1, but the no-two-nationals rule is in Article 3, the very provision that fixes the size of the Court at fifteen. It is what makes the Court's composition geographically spread by design.
- (d)Neither 1 nor 2 — Rejects both, though each is a near-quotation of the Statute. Nothing in either statement is qualified or overstated.
The International Court of Justice is the principal judicial organ of the United Nations, established by the Charter and governed by its own Statute, which is annexed to the Charter. It sits at the Peace Palace in The Hague — the only principal UN organ not located in New York — and decides contentious cases between States and gives advisory opinions to authorised UN organs. Its fifteen judges serve nine-year terms, with five seats falling vacant every three years, and they are elected concurrently but independently by the General Assembly and the Security Council. Only States may be parties in contentious cases before it.
Both statements are close paraphrases of the Statute, which makes this a straightforward item once you have read Articles 3 and 8. The point worth carrying is why the election design exists: requiring an absolute majority in both organs separately means a judge needs both broad membership support and great-power acceptance, while the exclusion of the veto stops any one permanent member from blocking a candidate outright. The 2017 election in which Justice Dalveer Bhandari was returned for India after the British candidate withdrew before a twelfth round of voting is the best-known illustration of what that independence produces in practice.
- Article 3 of the ICJ Statute: the Court shall consist of fifteen Members, no two of whom may be nationals of the same State.
- Article 8 of the Statute: the General Assembly and the Security Council shall proceed independently of one another to elect the members of the Court.
- A candidate must obtain an absolute majority in both organs; the veto does not apply to these elections.
- Judges serve nine-year terms with five seats filled every three years, and the Court sits at the Peace Palace in The Hague.
- Assuming the Security Council's permanent members can veto a judicial election; they cannot, which is why contested elections go to many rounds.
- Confusing the ICJ with the International Criminal Court — the ICJ decides disputes between States, the ICC tries individuals.
- Thinking the two organs vote jointly or in sequence; Article 8 requires them to proceed independently.
Asked as a two-statement code item quoting the founding instrument almost verbatim — the reward for having read the Statute rather than a summary of it.
Justice Dalveer Bhandari of India was recently re-elected to the International Court of Justice after Christopher Greenwood pulled out before 12th round of voting. Christopher Greenwood was a nominee of
- (a) Canada
- (b) Russia
- (c) Britain
- (d) USA
Answer(c) Britain
The rule in statement 2 seen working. Eleven inconclusive rounds happened precisely because the General Assembly and the Security Council were voting independently and favouring different candidates.
- practice — not a real PYQ
How many judges sit on the International Court of Justice, and for what term?
- (a)Eleven judges for six years
- (b)Fifteen judges for nine years
- (c)Eighteen judges for nine years
- (d)Fifteen judges for five years
Answer(b) Fifteen judges for nine years — with five seats filled every three years.
- practice — not a real PYQ
Which one of the following is the seat of the International Court of Justice?
- (a)Geneva
- (b)New York
- (c)The Hague
- (d)Vienna
Answer(c) The Hague — at the Peace Palace, the only principal UN organ outside New York.