Abstract
In addition to the great majority of the United Nations Charter provisions, the rules dealing with the International Court of Justice (ICJ) have not been modified, notwithstanding the fact that the Charter and the Statute of the ICJ were drafted in a different international situation, almost seventy years ago. Thus, the Court is composed of only 15 judges despite the fact that the number of the member States of the UN has risen from 50 to 193. The only official languages are English and French—mostly due to their role in World War II. This article contains an analysis of the specific position of the judges ad hoc notwithstanding their equality with the Members of the ICJ in the process of the decision of the Court.
Member, Institut de Droit International.
Former Judge of the International Tribunal for the Law of the Sea, Hamburg, Germany
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Notes
- 1.
Vukas 2009, pp. 277–283.
- 2.
All these documents can be found in the ICJ publication Charter of the United Nations, Statute and Rules of the Court and Other Documents, No. 6, 2007.
- 3.
ICJ: Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia and Montenegro); Application of the Interim Accord of 13 September 1995 (the former Yugoslav Republic of Macedonia v. Greece).
- 4.
Rosenne 1995, p. 61.
- 5.
Institut de droit international 1957, pp. 157–158.
- 6.
See e.g. ICJ: Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia and Montenegro), Order (4 February 2010).
- 7.
Rosenne 1995, pp. 73–75.
References
Rosenne SH (1995) The World Court: what it is and how it works, 5th edn. Martinus Nijhoff, Dordrecht-Boston-London
Vukas B (2009) Some provisions of the Statute of the International Court of Justice which deserve amendments. In: Yee S, Morin JY (eds) Multiculturalism and international law. Martinus Nijhoff, Leiden-Boston, pp 277–283
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© 2013 T.M.C. ASSER PRESS, The Hague, The Netherlands, and the authors
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Vukas, B. (2013). The Composition of the International Court of Justice. In: Boschiero, N., Scovazzi, T., Pitea, C., Ragni, C. (eds) International Courts and the Development of International Law. T.M.C. Asser Press, The Hague, The Netherlands. https://doi.org/10.1007/978-90-6704-894-1_16
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