Articles 13-33January 30, 2022
- The members of the Court shall be elected for nine years and may be re-elected; provided, however, that of the judges elected at the first election, the terms of five judges shall expire at the end of three years and the terms of five more judges shall expire at the end of six years.
- The judges whose terms are to expire at the end of the above-mentioned initial periods of three and six years shall be chosen by lot to be drawn by the Secretary-General immediately after the first election has been completed.
- The members of the Court shall continue todischarge their duties until their places have been filled. Though replaced, they shall finish any cases which they may have begun.
- In the case of the resignation of a member of the Court, the resignation shall be addressed to the President of the Court for transmission to the Secretary-General. This last notification makes the place vacant.
Vacancies shall be filled by the same method as that laid down for the first election, subject to the following provision = the Secretary-General shall, within one month of the occurrence of the vacancy, proceed to issue the invitations provided for in Article 5, and the date of the election shall be fixed by the Security Council.
A member of the Court elected to replace a member whose term of office has not expired shall hold office for the remainder of his predecessor’s term.
- No member of the Court may exercise any political or administrative function, or engage in any other occupation of a professional nature.
- Any doubt on this point shall be settled by the decision of the Court.
- No member of the Court may act as agent, counsel, or advocate in any case.
- No member may participate in the decision of any case in which he has previously taken part as agent, counsel, or advocate for one of the parties, or as a member of a national or international court, or of a commission of enquiry, or in any other capacity.
- Any doubt on this point shall be settled by the decision of the Court.
- No member of the Court can be dismissed unless, in the unanimous opinion of the other members, he has ceased to fulfil the required conditions.
- Formal notification thereof shall be made to the Secretary-General by the Registrar.
- This notification makes the place vacant.
The members of the Court, when engaged on the business of the Court, shall enjoy diplomatic privileges and immunities.
Every member of the Court shall, before taking up his duties, make a solemn declaration in open court that he will exercise his powers impartially and conscientiously.
- The Court shall elect its President and Vice-President for three years; they may be re-elected.
- The Court shall appoint its Registrar and may provide for the appointment of such other officers as may be necessary.
- The seat of the Court shall be established at The Hague. This, however, shall not prevent the Court from sitting and exercising its functions elsewhere whenever the Court considers it desirable.
- The President and the Registrar shall reside at the seat of the Court.
- The Court shall remain permanently in session, except during the judicial vacations, the dates and duration of which shall be fixed by the Court.
- Members of the Court are entitled to periodic leave, the dates and duration of which shall be fixed by the Court, having in mind the distance between The Hague and the home of each judge.
- Members of the Court shall be bound, unless they are on leave or prevented from attending " by illness or other serious reasons duly explained to the President, to hold themselves permanently at the disposal of the Court.
- If, for some special reason, a member of the Court considers that he should not take part in the decision of a particular case, he shall so inform the President.
- If the President considers that for some special reason one of the members of the Court should not sit in a particular case, he shall give him notice accordingly.
- If in any such case the member of the Court and the President disagree, the matter shall be settled by the decision of the Court.
- The full Court shall sit except when it is expressly provided otherwise in the present Statute.
- Subject to the condition that the number of judges available to constitute the Court is not thereby reduced below eleven, the Rules of the Court may provide for allowing one or more judges, according to circumstances and in rotation, to be dispensed from sitting.
- A quorum of nine judges shall suffice to constitute the Court.
- The Court may from time to time form one or more chambers, composed of three or more judges as the Court may determine, for dealing with particular categories of cases; for example, labor cases and cases relating to transit and communications.
- The Court may at any time form a chamber for dealing with a particular case. The number of judges to constitute such a chamber shall be determined by the Court with the approval of the parties.
- Cases shall be heard and determined by the chambers provided for in this Article if the parties so request.
A judgment given by any of the chambers provided for in Articles 26 and 29 shall be considered as rendered by the Court.
The chambers provided for in Articles 26 and 29 may, with the consent of the parties, sit and ex- ercise their functions elsewhere than at The Hague.
With a view to the speedy despatch of business, the Court shall form annually a chamber com- posed of five judges which, at the request of the parties, may hear and determine cases by summary procedure. In addition, two judges shall be selected for the purpose of replacing judges who find it impossible to sit.
- The Court shall frame rules for carrying ou tits functions. In particular, it shall lay down rules of procedure.
- The Rules of the Court may provide for assessors to sit with the Court or with any of its chambers, without the right to vote.
- Judges of the nationality of each of the parties shall retain their right to sit in the case before the Court.
- If the Court includes upon the Bench a judge of the nationality of one of the parties, any other party may choose a person to sit as judge. Such person shall be chosen preferably from amongthose persons who have been nominated as candidates as provided in Articles 4 and 5.
- If the Court includes upon the Bench no judge of the nationality of the parties, each of these parties may proceed to choose a judge as provided in paragraph 2 of this Article.
- The provisions of this Article shall apply to the case of Articles 26 and 29. In such cases, the President shall request one or, if necessary, two of the members of the Court forming the chamber to give place to the members of the Court of the nationality of the parties concerned, and, failing such, or if they are unable to be present, to the judges specially chosen by the parties.
- Should there be several parties in the same interest, they shall, for the purpose of the preceding provisions, be reckoned as one party only. Any doubt upon this point shall be settled by the decision of the Court.
- Judges chosen as laid down in paragraphs 2,3, and 4 of this Article shall fulfil the conditions required by Articles 2,17 (paragraph 2 ) , 20, and 24 of the present Statute. They shall take part in the decision on terms of complete equality with their colleagues.
- Each member of the Court shall receive an annual salary.
- The President shall receive a special annual allowance.
- The Vice-President shall receive a special allowance for every day on which he acts as President.
- The judges chosen under Article 31, other than members of the Court, shall receive compensation for each^day on which they exercise their functions.
- These salaries, allowances, and compensation shall be fixed by the General Assembly. They may not be decreased during the term of office.
- The salary of the Registrar shall be fixed by the General Assembly on the proposal of the Court.
- Regulations made by the General Assembly shall fix the conditions under which retirement pensions may be given to members of the Court and to the Registrar, and the conditions under which members of the Court and the Registrar shall have their traveling expenses refunded.
- The above salaries, allowances, and compensation shall be free of all taxation.
The expenses of the Court shall be borne by the UN in such a manner as shall be decided by the General Assembly.