With reference to the International Court of Justice, explain the following: (a) Its Composition. (b) Its Compulsory Jurisdiction. (c) Its Advisory Jurisdiction.
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Solution
The International Court of Justice is the principal judicial organ of the United Nations (UN). It was established in June 1945. The seat of the Court is at the Peace Palace in The Hague.
Composition:
It is composed of 15 judges elected to nine-year terms of office by the United Nations General Assembly and the Security Council from a list of people nominated by the national groups in the Permanent Court of Arbitration.
Compulsory Jurisdiction:
Once a State has granted its consent, and when a dispute that falls within the scope of that consent is submitted to the Court, the State must subject itself to the Court's jurisdiction. The key principle is that the Court only has jurisdiction on the basis of consent.
Advisory jurisdiction:
This procedure is available to five United Nations organs, fifteen specialized agencies and one related organization. The Court is empowered to hold written and oral proceedings and its advisory opinions are not binding. The requesting organ, agency or organization remains free to decide, as it sees fit, what effect to give to these opinions.