Composition and Organisation of the ICJ

Introduction

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. Its composition and organisation are designed to ensure that the Court functions as an independent, permanent and representative international judicial institution.

The basic rules concerning its composition and organisation are contained mainly in the Statute of the International Court of Justice, particularly Articles 2–33, along with the relevant provisions of the UN Charter and the Rules of Court.

The Court consists of 15 independent judges, assisted by the Registry and supported by various administrative and legal officers.

Its organisation can be understood through the following structure:

ICJ

→ 15 Judges
→ President and Vice-President
→ Chambers
→ Registry
→ Ad Hoc Judges
→ Administrative and legal staff

Legal Basis

The principal provisions governing the composition and organisation of the ICJ are found in:

• UN Charter, Article 92 – ICJ as the principal judicial organ of the UN
• ICJ Statute, Article 2 – qualifications of judges
• Article 3 – number and nationality of judges
• Article 4 – election of judges
• Articles 5–12 – nomination and election procedure
• Article 13 – terms of office
• Articles 14–15 – vacancies and replacement
• Articles 16–18 – independence and incompatibilities
• Articles 19–20 – privileges, immunities and judicial oath
• Articles 21–29 – organisation, chambers and quorum
• Articles 30–33 – Rules of Court, Registry and expenses

Composition of the ICJ

The ICJ consists of 15 judges.

This is expressly provided by Article 3(1) of the ICJ Statute.

No Two Judges of the Same Nationality

Article 3 provides that no two members of the Court may be nationals of the same State.

This helps maintain the international character of the Court.

However, the fact that a State has a national serving as an ICJ judge does not mean that the judge represents that State.

Judges serve in their individual judicial capacity.

Qualifications of Judges

Under Article 2 of the ICJ Statute, judges must be persons of:

• high moral character; and
• the qualifications required in their respective countries for appointment to the highest judicial offices; or
• recognised competence in international law.

Thus, the Court seeks judges with both professional legal competence and personal integrity.

Important Point

An ICJ judge is not selected merely as a political representative.

The judge is expected to exercise independent judicial judgment.

Representation of the Principal Legal Systems

Article 9 of the Statute requires the electors to bear in mind that the body as a whole should represent the main forms of civilisation and of the principal legal systems of the world.

This does not mean that each legal system receives a fixed number of seats.

Rather, the composition of the Court should reflect the diversity of the international legal community.

Election of Judges

ICJ judges are elected by:

• the General Assembly, and
• the Security Council.

The two organs vote independently of each other.

A candidate must obtain the required majority in both organs.

Important Exam Point

The permanent members of the Security Council do not have a veto over the election of ICJ judges in the same manner as they do over substantive Security Council decisions.

The election is conducted through voting by the General Assembly and Security Council.

Nomination of Candidates

Candidates for election are nominated through the system established by the Statute, involving the national groups of the Permanent Court of Arbitration.

The nomination system is intended to identify persons qualified for international judicial office rather than simply political nominees.

Term of Office

Under Article 13, judges serve for nine years.

They may be re-elected.

The terms are staggered so that the entire Court does not have to be replaced at one time.

Approximately one-third of the judges are elected every three years.

Why Staggered Terms?

Staggering the terms:

• preserves institutional continuity;
• prevents complete turnover;
• maintains judicial experience;
• ensures stability in the Court.

Judicial Independence

Judges must remain independent of the States that elected them.

They do not receive instructions from their governments.

This is essential to the judicial character of the ICJ.

Incompatibility of Judicial Office

Under Article 16, no member of the Court may exercise any political or administrative function or engage in any other occupation of a professional nature.

The purpose is to preserve:

• independence;
• impartiality;
• judicial integrity.

Removal of Judges

Judges enjoy strong security of tenure.

Under Article 18, a judge cannot be dismissed unless, in the unanimous opinion of the other members of the Court, the judge has ceased to fulfil the required conditions.

This makes removal an exceptional measure.

Privileges and Immunities

Under Article 19, members of the Court enjoy diplomatic privileges and immunities in the exercise of their functions.

These protections help judges perform their duties independently.

Judicial Oath

Under Article 20, before taking up their duties, members of the Court must make a solemn declaration to exercise their powers impartially and conscientiously.

The oath reinforces:

• impartiality;
• independence;
• integrity;
• judicial responsibility.

President of the Court

The judges elect a President from among themselves.

The President has important responsibilities in the organisation and functioning of the Court.

The President:

• presides over hearings;
• directs proceedings;
• participates in deliberations;
• performs administrative functions;
• represents the Court in its institutional capacity.

Vice-President

The judges also elect a Vice-President.

The Vice-President performs the functions of the President when the President is unable to do so or when the office is vacant, subject to the Statute and Rules of Court.

Term of President and Vice-President

The President and Vice-President are elected for three-year terms.

They may be re-elected.

Chambers of the Court

The ICJ may function through different types of chambers.

The Statute permits the creation of chambers to facilitate the efficient disposal of cases.

The main types include:

• Chamber of Summary Procedure;
• special chambers;
• chambers formed for particular categories of disputes.

Chamber of Summary Procedure

Under Article 29, the Court annually constitutes a chamber consisting of five judges.

Its purpose is to enable the Court to deal with cases through a simplified procedure where appropriate.

The chamber also includes substitute judges as provided under the Statute.

Special Chambers

Under Article 26, the Court may form chambers composed of three or more judges to deal with:

• particular categories of cases; or
• particular cases.

This provides flexibility in the Court’s organisation.

Chamber for a Particular Case

The Court may also establish a chamber to deal with a specific dispute.

The composition and functioning of such a chamber are determined within the framework of the Statute and applicable procedural rules.

Important Point

A chamber is part of the ICJ.

It is not a separate international court.

Full Court

The ICJ normally sits as a full Court, consisting of the judges available to participate in the case, subject to the applicable rules concerning composition and quorum.

A minimum number of judges is required for the Court to exercise its judicial functions.

Quorum

Under Article 25(3), the presence of nine judges constitutes a quorum.

Therefore:

15 Judges → Full Court

9 Judges → Minimum quorum

Ad Hoc Judges

Ad hoc judges are an important feature of the ICJ’s organisation.

Where a party does not have a judge of its nationality sitting on the Court, it may choose a person to sit as a judge for the particular case under Article 31.

This is intended to preserve a sense of procedural equality between the parties.

Important Point

An ad hoc judge:

• participates in the case as a judge;
• is not simply a representative of the appointing State;
• takes part in the judicial process;
• generally has the same rights and duties in the case as other judges, subject to the Statute.

Why Are Ad Hoc Judges Allowed?

The system recognises that parties may wish to ensure that the Court contains a judge familiar with their legal perspective.

However, the ad hoc judge must still act independently and judicially.

Registry of the Court

The Registry is the permanent administrative organ of the ICJ.

It provides the Court with the administrative and legal support necessary for its functioning.

The Registry is headed by the Registrar.

Registrar

The Registrar is elected by the Court.

The Registrar performs important functions concerning:

• administration;
• communication;
• procedural documentation;
• case management;
• official records;
• correspondence;
• assistance to the Court.

The Registrar therefore acts as an important link between the Court, the parties and the wider international community.

Deputy Registrar

The Court also has a Deputy Registrar, who assists the Registrar and performs functions assigned under the Statute and Rules.

Functions of the Registry

The Registry assists with:

• filing of applications;
• transmission of procedural documents;
• correspondence with parties;
• preparation and preservation of records;
• court hearings;
• publication of judgments and orders;
• administrative arrangements;
• communication with governments and international organisations.

Language of the Court

The official languages of the ICJ are:

• English
• French

Judgments, pleadings and other official proceedings are handled within the Court’s language framework.

Where necessary, interpretation and translation arrangements are made.

Permanent Nature of the Court

The ICJ is a permanent court.

This distinguishes it from an ad hoc arbitral tribunal, which is normally constituted for a particular dispute.

The Court has:

• permanent judges;
• permanent institutional structures;
• permanent Registry;
• established procedural rules.

Seat of the Court

The ICJ has its seat at the Peace Palace in The Hague, Netherlands.

The Court normally conducts its judicial activities there.

Financial Organisation

The expenses of the Court are borne by the United Nations in the manner determined by the General Assembly.

This contributes to the Court’s institutional independence from individual litigating States.

Organisation of the ICJ

The organisational structure can be represented as:

International Court of Justice

↓

15 Judges

↓

President + Vice-President

↓

Full Court / Chambers

↓

Ad Hoc Judges where applicable

↓

Registrar

↓

Deputy Registrar + Registry Staff

↓

Administrative and Legal Support

Relationship Between Judges and Registry

The judges perform the judicial function.

The Registry provides the administrative and procedural support necessary for the Court.

Therefore:

Judges → Decide cases

Registry → Supports the Court

The Registry does not decide disputes.

Independence and Impartiality

The organisation of the ICJ contains several safeguards designed to protect judicial independence.

These include:

• fixed nine-year terms;
• possibility of re-election;
• incompatibility with political or administrative functions;
• judicial oath;
• privileges and immunities;
• restricted grounds for removal;
• independent decision-making.

These safeguards are essential because States appearing before the Court may be politically powerful and may have competing national interests.

Important Articles Concerning Composition and Organisation

Article	Provision
Article 2	Qualifications of judges
Article 3	15 judges; nationality restriction
Article 4	Election of judges
Article 5	Nomination process
Article 6	Consultation regarding candidates
Article 7	Candidate list
Article 8	Election by General Assembly and Security Council
Article 9	Representation of principal legal systems
Article 10	Majority required for election
Article 11	Further election procedure
Article 12	Further voting where necessary
Article 13	Nine-year term
Article 14	Vacancies
Article 15	Completion of terms
Article 16	Incompatibility of functions
Article 17	Restrictions concerning participation and professional relations
Article 18	Removal from office
Article 19	Privileges and immunities
Article 20	Judicial declaration/oath
Article 21	President and Vice-President; organisation
Article 22	Seat of the Court
Article 23	Working arrangements
Article 24	Judge unable to participate
Article 25	Functioning of the Court and quorum
Article 26	Chambers
Article 27	Effect of chamber proceedings
Article 28	Chambers and availability
Article 29	Chamber of Summary Procedure
Article 30	Rules of Court
Article 31	Ad hoc judges
Article 32	Salaries and allowances
Article 33	Expenses of the Court

Key Distinctions

Permanent Judge vs Ad Hoc Judge

Permanent Judge	Ad Hoc Judge
Elected to the Court	Chosen for a particular case
Nine-year term	Case-specific
Permanent member	Temporary participation
Does not represent a State	Must still act independently
Participates generally according to Statute	Participates in the particular proceedings

ICJ Judge vs State Agent

ICJ Judge	State Agent
Independent judicial officer	Represents a State
Decides according to law	Presents State’s case
Does not receive government instructions	Acts on State’s instructions
Member of Court	Counsel/representative of party

Full Court vs Chamber

Full Court	Chamber
Ordinary institutional formation	Smaller judicial formation
Judges of the Court participate according to applicable rules	Three or more judges in relevant chambers
General judicial functioning	Particular/specialised cases or procedures
Permanent institutional body	Formation within the Court

Importance of Article 9

Article 9 is frequently tested because it demonstrates that the Court is intended to reflect the diversity of the international legal community.

The composition of the Court should represent:

Main forms of civilisation

Principal legal systems of the world

This supports the legitimacy and international character of the Court.

Examination Flowchart

ICJ

↓

15 Judges

↓

Qualifications – Article 2

↓

No two judges of same nationality – Article 3

↓

Elected by General Assembly + Security Council

↓

9-Year Terms

↓

President + Vice-President

↓

Full Court / Chambers

↓

Ad Hoc Judges where applicable

↓

Registry

↓

Registrar + Deputy Registrar + Staff

↓

Judicial + Administrative Functioning

Quick Revision

Feature	Position
Court	International Court of Justice
Status	Principal judicial organ of UN
Number of judges	15
Judge’s nationality	No two judges may have same nationality
Qualification	High moral character + highest judicial qualifications / recognised competence in international law
Election	General Assembly + Security Council
Term	9 years
Re-election	Permitted
President	Elected by judges
Vice-President	Elected by judges
President’s term	3 years
Quorum	9 judges
Ad hoc judges	Article 31
Chambers	Article 26 onwards
Summary Procedure Chamber	5 judges
Registry	Permanent administrative organ
Registrar	Head of Registry
Official languages	English + French
Seat	Peace Palace, The Hague
Judicial oath	Article 20
Privileges/immunities	Article 19
Main composition provision	Articles 2–20
Organisation	Articles 21–33

Key Exam Points

• The ICJ consists of 15 judges.
• No two judges may be nationals of the same State.
• Judges must possess high moral character and appropriate legal qualifications or recognised competence in international law.
• The Court’s composition should reflect the principal legal systems and main forms of civilisation.
• Judges are elected independently by the General Assembly and Security Council.
• Judges serve nine-year terms and may be re-elected.
• The President and Vice-President are elected by the judges for three-year terms.
• Nine judges constitute a quorum.
• The Court may operate through chambers.
• The Chamber of Summary Procedure consists of five judges.
• States may appoint ad hoc judges in appropriate cases under Article 31.
• The Registry is the permanent administrative organ of the Court.
• The Registrar heads the Registry.
• The official languages are English and French.
• The Court is located at the Peace Palace in The Hague.
• Judges enjoy privileges and immunities necessary for the independent exercise of their functions.
• Judges must make a judicial declaration to act impartially and conscientiously.
• Judges are not representatives of the States that elected them.
• The ICJ is a permanent court, unlike an ad hoc arbitral tribunal.

Conclusion

The composition and organisation of the International Court of Justice are designed to balance judicial independence, international representation and institutional continuity.

The Court consists of 15 independent judges, elected by the General Assembly and Security Council for nine-year terms. Its organisation includes the President and Vice-President, judicial chambers, ad hoc judges in appropriate cases, and a permanent Registry headed by the Registrar.

The Statute also establishes safeguards for judicial independence through rules concerning qualifications, incompatibilities, privileges and immunities, judicial declarations and removal from office.

For examination purposes, the essential framework is:

15 Judges

↓

9-Year Terms

↓

Elected by General Assembly + Security Council

↓

No Two Judges of Same Nationality

↓

President + Vice-President

↓

Full Court + Chambers

↓

Ad Hoc Judges

↓

Registry + Registrar

↓

Permanent International Judicial Institution