UN General Assembly and Security Council Elect Five Members of the International Court of Justice

On 7 November 2005, the United Nations General Assembly and Security Council elected five Members of the International Court of Justice ("ICJ"). Under the Statute of the ICJ, the Court's governing instrument, the newly-elected judges will serve a term of office of nine years commencing 6 February 2006.[1] The newly elected Members are Mohamed Bennouna (Morocco), Kenneth Keith (New Zealand), Bernardo Sepúlveda Amor (Mexico), and Leonid Skotnikov (Russian Federation). Thomas Buergenthal (United States) was re-elected as a Member of the Court.

I. Origins & Jurisdiction of the International Court of Justice

The ICJ is the principal judicial organ of the United Nations and one of the six principal organs of the United Nations.[1] As a product of the UN Charter, the ICJ, established in 1946, effectively replaced the Permanent Court of International Justice ("PCIJ"). The PCIJ, formed at the inception of the League of Nations, operated from 1922 until 1946.[2] Chapter XIV of the UN Charter and the Statute of the ICJ provide the legal basis for the ICJ's operation and jurisdiction. Article 92 of the UN Charter establishes the ICJ and integrates the Statute of the ICJ into the UN Charter. The Statute of the ICJ is the Court's governing document and provides for the Organization, Competence, and Procedure of the Court.[3] The jurisdiction of the ICJ extends to Contentious Cases, among Members States of the UN or by any State which is a party to the ICJ Statue, and Advisory Opinions from authorized bodies or specialized agencies of the UN.[4]

II. Composition of the International Court of Justice

Every three years, five of the fifteen Members of the ICJ are elected to nine year terms. The Statute of the ICJ requires Members of the Court to be "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". [5] The Statute of the ICJ also indicates 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."[6]

III. Election of Judges by the General Assembly and the Security Council

Candidates for election to the ICJ may be nominated by all States parties to the Statute of the Court. Candidates are proposed by the national groups in the Permanent Court of Arbitration (the "PCA") or similar national groups, if a State is not represented in the PCA.[7] Within the PCA, each State party has its own national group, which can be utilized to serve as members of an arbitral tribunal. For elections to the the ICJ, each national group may nominate no more than four persons, not more than two of whom shall be of their own nationality.[8] Once nominated, the UN Secretary-General submits the names of those nominated to the General Assembly and Security Council. The General Assembly and Security Council vote simultaneously, but independently, to elect Members of the Court. A candidate must receive an absolute majority from both the General Assembly and the Security Council to be elected. Additionally, no two Members of the Court may be of the same nationality, and in the event two persons of the same nationality receive the requisite votes for election, only the eldest candidate is considered elected.[9]

IV. Online Resources

Biographies of Newly Elected Members of the ICJ
Charter of the United Nations
Statute of the ICJ
International Court of Justice (Official Site)
List of Cases Brought Before the ICJ Since 1946

[1] See U.N. CHARTER art. 7, 92.
[2] See COVENANT OF THE LEAGUE OF NATIONS art. 14. See also the excellent history of the PCIJ and ICJ at the ICJ website.
[3] STATUTE OF THE INTERNATIONAL COURT OF JUSTICE.
[4] U.N. CHARTER art. 96; STATUTE OF THE ICJ art. 36.
[5] STATUTE OF THE ICJ art. 2.
[6] Id. art. 9.
[7] Id. art. 4.
[8] Id. art. 5.
[9] Id. art. 7-8, 10.