The INTERNATIONAL COURT OF JUSTICE established by the Charter of the United Nations as the principal judicial organ of the United Nations shall be constituted and shall function in accordance with the provisions of the present Statute.
Chapter 1= Organization Of The Court
The Court shall be composed of a body of independent judges, elected regardless of their nationality from among persons of high moral character, who possess the qualifications required in their respective countries for appointment to the highest judicial offices, or are jurisconsults of recognized competence in international law.
- The Court shall consist of fifteen members, no two of whom may be nationals of the same state.
- A person who for the purposes of membership in the Court could be regarded as a national of more than one state shall be deemed to be a national of the one in which he ordinarily exercises civil and political rights.
The members of the Court shall be elected by the General Assembly and by the SC from a list of persons nominated by the national groups in the Permanent Court of Arbitration, in accordance with the following provisions.
In the case of Members of the United Nations not represented in the Permanent Court of Arbitration, candidates shall be nominated by national groups appointed for this purpose by their governments under the same conditions as those prescribed for members of the Permanent Courkof Arbitration by Article 44 of the Convention of The Hague of 1907 for the pacific settlement of international disputes.
The conditions under which a state which is a party to the present Statute but is not a Member of the United Nations may participate in electing the members of the Court shall, in the absence of a special agreement, be laid down by the General Assembly upon recommendation of the SC
At least 3 months before the date of the election, the UN Secretary-General shall address a written request to the members of the Permanent Court of Arbitration belonging to the states which are parties to the present Statute, and to the members of the national groups appointed under Article 4, paragraph 2, inviting them to undertake, within a given time, by national groups, the nomination of persons in a position to accept the duties of a member of the Court.
No group may nominate more than four persons, not more than two of whom shall be of their own nationality. In no case may the number of candidates nominated by a group be more than double the number of seats to be filled.
Before making these nominations, each national group is recommended to consult its highest court of justice, its legal faculties and schools of law, and its national academies and national sections of international academies devoted to the study of law.
- The Secretary-General shall prepare a list in alphabetical order of all the persons thus nomi- nated. Save as provided in Article 12, paragraph 2, these shall be the only persons eligible.
- The Secretary-General shall submit this list to the General Assembly and to the Security Council.
The General Assembly (GA) and the Security Council (SC) shall proceed independently of one another to elect the members of the Court.
At every election, the electors shall bear in mind not only that the persons to be elected should individually possess the qualifications required, but also that in the body as a whole the representation of the main forms of civilization and of the principal legal systems of the world should be assured.
- Those candidates who obtain an absolute majority of votes in the General Assembly and in the Security Council shall be considered as elected.
- Any vote of the Security Council, whether for the election of judges or for the appointment of members of the conference envisaged in Article 12, shall be taken without any distinction between permanent and non-permanent members of the Security Council.
- In the event of more than one national of the same state obtaining an absolute majority of the votes both of the General Assembly and of the Security Council, the eldest of these only shall be considered as elected.
If, after the first meeting held for the purpose of the election, one or more seats remain to be filled, a second and, if necessary, a third meeting shall take place.
- If, after the third meeting, one or more seats still remain unfilled, a joint conference consisting of 6 members, three appointed by the GA and three by the Security Council, may be formed at any time at the request of either the General Assembly or the Security Council, for the purpose of choosing by the vote of an absolute majority one name for each seat still vacant, to submit to the General Assembly and the SC for their respective acceptance.
- If the joint conference is unanimously agreed upon any person who fulfils the required conditions, he maybe included in its list, even though he was not included in the list of nominations referred to in Article 7.
- If the joint conference is satisfied that it will not be successful in procuring an election, those members of the Court who have already been elected shall, within a period to be fixed by the Security Council, proceed to fill the vacant seats by selection from among those candidates who have obtained votes either in the General Assembly or in the Security Council.
- In the event of an equality of votes among the judges, the eldest judge shall have a casting vote.