Se/ifeUiTyjof State 3 page

Permanent Court of International Justice and

forms an integral part of the present Charter.

Article 93

1. All Members of the United Nations are ipso

facto parties to the Statute of the International

Court of Justice.

2. A state which is not a Member of the United

Nations may become a party to the Statute of

the International Court of Justice on conditions

to be determined in each case by the General

Assembly upon the recommendation of the Security

Council.

Article 94

1. Each Member of the United Nations undertakes

to comply with the decision of the International

Court of Justice in any case to which it is

a party.

2. If any party to a case fails to perform the

obligations incumbent upon it under a judgment

rendered by the Court, the other party may have

recourse to the Security Council, which may, if it

deems necessary, make recommendations or decide

upon measures to be taken to give effect to

the judgment.

Article 95

Nothing in the present Charter shall prevent

Members of the United Nations from entrusting

the solution of their differences to other tribunals

by virtue of agreements already in existence or

which may be concluded in the future.

Article 96

1. The General Assembly or the Security

Council may request the International Court of

Justice to give an advisory opinion on any legal

question.

2. Other organs of the United Nations and

specialized agencies, which may at any time be

so authorized by the General Assembly, may also

request advisory opinions of the Court on legal

questions arising within the scope of their activities.

CHAPTER XV

THE SECRETARIAT

Article 97

The Secretariat shall comprise a Secretary-

General and such staff as the Organization may

require. The Secretary-General shall be appointed

by the General Assembly upon the recommendation

of the Security Council. He shall be

the chief administrative officer of the Organization.

Article 98

The Secretary-General shall act in that capacity

in all meetings of the General Assembly, of the

Security Council, of the Economic and Social

Council, and of the Trusteeship Council, and shall

perform such other functions as are entrusted to

him by these organs. The Secretary-General shall

make an annual report to the General Assembly

on the work of the Organization.

Article 99

The Secretary-General may bring to the attention

of the Security Council any matter which in

his opinion may threaten the maintenance of international

peace and security.

Article 100

1. In the performance of their duties the Secre-

tary-General and the staff shall not seek or receive

instructions from any government or from any

other authority external to the Organization.

They shall refrain from any action which might

reflect on their position as international officials

responsible only to the Organization.

2. Each Member of the United Nations undertakes

to respect the exclusively international

character of the responsibilities of the Secretary-

General and the staff and not to seek to influence

them in the discharge of their responsibilities.

Article 101

1. The staff shall be appointed by the Secretary-

General under regulations established by the

General Assembly.

2. Appropriate staffs shall be permanently

assigned to the Economic and Social Council, the

Trusteeship Council, and, as required, to other

organs of the United Nations. These staffs shall

form a part of the Secretariat.

3. The paramount consideration in the employment

of the staff and in the determination of

the conditions of service shall be the necessity of

securing the highest standards of efficiency, competence,

and integrity. Due regard shall be paid

to the importance of recruiting the staff on as wide

a geographical basis as possible.

CHAPTER XVI

MISCELLANEOUS PROVISIONS

Article 102

1. Every treaty and every international agreement

entered into by any Member of the United

Nations after the present Charter comes into force

shall as soon as possible be registered with the

Secretariat and published by it.

2. No party to any such treaty or international

agreement which has not been registered in accordance

with the provisions of paragraph 1 of

this Article may invoke that treaty or agreement

before any organ of the United Nations.

Article 103

In the event of a conflict between the obligations

of the Members of the United Nations under the

present Charter and their obligations under any

other international agreement, their obligations

under the present Charter shall prevail.

Article 104

The Organization shall enjoy in the territory of

each of its Members such legal capacity as may be

necessary for the exercise of its functions and the

fulfillment of its purposes.

Article 105

1. The Organization shall enjoy in the territory

of each of its Members such privileges and immunities

as are necessary for the fulfillment of its

purposes.

2. Representatives of the Members of the

United Nations and officials of the Organization

shall similarly enjoy such privileges and immunities

as are necessary for the independent exercise

of their functions in connection with the Organization.

3. The General Assembly may make recommendations

with a view to determining the details

of the application of paragraphs 1 and 2 of this

Airticle or may propose conventions to the Members

of the United Nations for this purpose.

CHAPTER XVH

TRANSITIONAL SECURITY

ARRANGEMENTS

Article 106

Pending the coming into force of such special

agreements referred to in Article 43 as in the

opinion of the Security Council enable it to begin

the exercise of its responsibilities under Article

42, the parties to the Four-Nation Declaration,

signed at Moscow, October 30,1943, and France,

shall, in accordance with the provisions of paragraph

5 of that Declaration, consult with one another

and as occasion requires with other Members

of the United Nations with a view to such joint

action on behalf of the Organization as may be

necessary for the purpose of maintaining international

peace and security.

Article 107

Nothing in the present Charter shall invalidate

or preclude action, in relation to any state which

during the Second World War has been an enemy

of any signatory to the present Charter, taken or

authorized as a result of that war by the Governments

having responsibility for such action.

CHAPTER XVIII

AMENDMENTS

Article 108

Amendments to the present Charter shall come

into force for all Members of the United Nations

when they have been adopted by a vote of two

thirds of the members of the General Assembly

and ratified in accordance with their respective

constitutional processes by two thirds of the Members

of the United Nations, including all the permanent

members of the Security Council.

Article 109

1. A General Conference of the Members of

the United Nations for the purpose of reviewing

the present Charter may be held at a date and

place to be fixed by a two-thirds vote of the members

of the General Assembly and by a vote of any

seven members of the Security Council. Each

Member of the United Nations shall have one vote

in the conference.

2. Any alteration of the present Charter recommended

by a two-thirds vote of the conference

shall take effect when ratified in accordance with

their respective constitutional processes by two

thirds of the Members of the United Nations including

all the permanent members of the Security

Council. .

3. If such a conference has not been held before

the tenth annual session of the General Assembly

following the coming into force of the present

Charter, the proposal to call such a conference

shall be placed on the agenda of that session of the

General Assembly, and the conference shall be

held if so decided by a majority vote of the members

of the General Assembly and by a vote of any

seven members of the Security Council.

CHAPTER XIX

RATIFICATION AND SIGNATURE

Article 110

1. The present Charter shall be ratified by the

signatory states in accordance with their respective

constitutional processes. /

2. The ratifications shall be deposited with the

Government of the United States of America,

which shall notify all the signatory states of each

deposit as well as the Secretary-General of the

Organization when he has been appointed.

3. The present Charter shall come into force

upon the deposit of ratifications by the Republic

of China, France, the Union of Soviet Socialist

Republics, the United Kingdom of Great Britain

and Northern Ireland, and the United States of

America, and by a majority of the other signatory

states. A protocol of the ratifications deposited

shall thereupon be drawn up by the Government

of the United States of America which shall communicate

copies thereof to all the signatory states.

4. The states signatory to the present Charter

which ratify it after it has come into force will become

original Members of the United Nations on

the date of the deposit of their respective ratifications.

Article HI

The present Charter, of which the Chinese,

French, Russian, English, and Spanish texts are

equally authentic, shall remain deposited in the

archives of the Government of the United States

of America. Duly certified copies thereof shall be

transmitted by that Government to the Governments

of the other signatory states.

IN FAITH WHEREOF the representatives of the

Governments of the United Nations have signed

the present Charter.

DONE at the city of San Francisco the twentysixth

day of June, one thousand nine hundred and

forty-five.

STATUTE OF THE INTERNATIONAL COURT OF JUSTICE

Article 1

INTERNATIONAL COURT OF JUSTICE established

by the Charter of the United Nations as

the principal judicial organ of the United Nations

shall be constituted and shall function in accordance

with the provisions of the present Statute.

CHAPTER I

ORGANIZATION OF THE COURT

Article 2

The Court shall be composed of a body of independent

judges, 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.

Article 3

1. The Court shall consist of fifteen members,

no two of whom may be nationals of the same state.

2, A person who for the purposes of membership

in the Court could be regarded as a national

of more than one state shall be deemed to be a

national of the one in which he ordinarily exercises

civil and political rights.

Article 4

1. The members of the Court shall be elected

by the General Assembly and by the Security

Council from a list of persons nominated by the

national groups in the Permanent Court of Arbitration,

in accordance with the following provisions.

2. In the case of Members of the United Nations

not represented in the Permanent Court of

Arbitration, candidates shall be nominated by

national groups appointed for this purpose by

their governments under the same conditions as

those prescribed for members of the Permanent

Courkof Arbitration by Article 44 of the Convention

of The Hague of 1907 for the pacific settlement

of international disputes.

3. The conditions under which a state which

is a party to the present Statute but is not a Member

of the United Nations may participate in electing

the members of the Court shall, in the absence

of a special agreement, be laid down by the General

Assembly upon recommendation of the Security

Council.

Article 5

1. At least three months before the date of the

election, the Secretary-General of the United

Nations shall address a written request to the

members of the Permanent Court of Arbitration

belonging to the states which are parties to the

present Statute, and to the members of the national

groups appointed under Article 4, paragraph

2, inviting them to undertake, within a given

time, by national groups, the nomination of persons

in a position to accept the duties of a member

of the Court.

2. No group may nominate more than four persons,

not more than two of whom shall be of their

own nationality. In no case may the number of

candidates nominated by a group be more than

double the number of seats to be filled.

Article 6

Before making these nominations, each national

group is recommended to consult its highest court

of justice, its legal faculties and schools of law, and

its national academies and national sections of international

academies devoted to the study of law.

Article 7

1. The Secretary-General shall prepare a list

in alphabetical order of all the persons thus nominated.

Save as provided in Article 12, paragraph

2, these shall be the only persons eligible.

2. The Secretary-General shall submit this list

to the General Assembly and to the Security

Council.

Article 8

The General Assembly and the Security Council

shall proceed independently of one another to

elect the members of the Court.

Article 9

At every election, the electors shall bear in mind

not only that the persons to be elected should individually

possess the qualifications required, but

also 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.

Article 10

1. Those candidates who obtain an absolute

majority of votes in the General Assembly and in

the Security Council shall be considered as elected.

2. Any vote of the Security Council, whether

for the election of judges or for the appointment

of members of the conference envisaged in Article

12, shall be taken without any distinction between

permanent and non-permanent members of the

Security Council.

3. In the event of more than one national of the

same state obtaining an absolute majority of the

votes both of the General Assembly and of the

Security Council, the eldest of these only shall be

considered as elected.

Article 11

If, after the first meeting held for the purpose

of the election, one or more seats remain to be

filled, a second and, if necessary, a third meeting

shall take place.

Article 12

1. If, after the third meeting, one or more seats

still remain unfilled, a joint conference consisting

of six members, three appointed by the General

Assembly and three by the Security Council, may

be formed at any time at the request of either the

General Assembly or the Security Council, for the

purpose of choosing by the vote of an absolute

majority one name for each seat still vacant, to

submit to the General Assembly and the Security

Council for their respective acceptance.

2. If the joint conference is unanimously agreed

upon any person who fulfils the required conditions,

he maybe included in its list, even though

he was not included in the list of nominations referred

to in Article 7.

3. If the joint conference is satisfied that it will

not be successful in procuring an election, those

members of the Court who have already been

elected shall, within a period to be fixed by the

Security Council, proceed to fill the vacant seats

by selection from among those candidates who

have obtained votes either in the General Assembly

or in the Security Council.

4. In the event of an equality of votes among

the judges, the eldest judge shall have a casting

vote.

Article 13

1. 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.

2. 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.

3. The members of the Court shall continue to

discharge their duties until their places have been

filled. Though replaced, they shall finish any cases

which they may have begun.

4. 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.

Article 14

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.

Article 15

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.

Article 16

1. No member of the Court may exercise any

political or administrative function, or engage in

any other occupation of a professional nature.

2. Any doubt on this point shall be settled by

the decision of the Court.

Article 17

1. No member of the Court may act as agent,

counsel, or advocate in any case.

2. 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.

3. Any doubt on this point shall be settled by

the decision of the Court.

Article 18

1. 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.

2. Formal notification thereof shall be made to

the Secretary-General by the Registrar.

3. This notification makes the place vacant.

Article 19

The members of the Court, when engaged on

the business of the Court, shall enjoy diplomatic

privileges and immunities.

Article 20

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.

Article 21

1. The Court shall elect its President and Vice-

President for three years; they may be re-elected.

2. The Court shall appoint its Registrar and

may provide for the appointment of such other

officers as may be necessary.

Article 22

1. 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.

2. The President and the Registrar shall reside

at the seat of the Court.

Article 23

1. The Court shall remain permanently in

session, except during the judicial vacations,

the dates and duration of which shall be fixed

by the Court.

2. Members of the Court are entitled to peri-

odic 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.

3. 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.

Article 24

1. 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.

2. 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.

3. 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.

Article 25

1. The full Court shall sit except when it is expressly

provided otherwise in the present Statute.

2. 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.

3. A quorum of nine judges shall suffice to constitute

the Court.

Article 26

1. 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.

2. 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.

3. Cases shall be heard and determined by the

chambers provided for in this Article if the parties

so request.

Article 27

A judgment given by any of the chambers provided

for in Articles 26 and 29 shall be considered

as rendered by the Court.

Article 28

The chambers provided for in Articles 26 and

29 may, with the consent of the parties, sit and exercise

their functions elsewhere than at The Hague.

Article 29

With a view to the speedy despatch of business,

the Court shall form annually a chamber composed

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.

Article 30

1. The Court shall frame rules for carrying ou t

its functions. In particular, it shall lay down rules

of procedure.

2. 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.

Article 31

1. Judges of the nationality of each of the

parties shall retain their right to sit in the case

before the Court.

2. 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 among

those persons who have been nominated as candidates

as provided in Articles 4 and 5.

3. 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.

4. 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.

5. 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.

6. 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.

Article 32

1. Each member of the Court shall receive an

annual salary.

2. The President shall receive a special annual

allowance.

3. The Vice-President shall receive a special

allowance for every day on which he acts as President.

4. The judges chosen under Article 31, other

than members of the Court, shall receive compensation

for each^day on which they exercise their

functions.

5. These salaries, allowances, and compensation

shall be fixed by the General Assembly. They

may not be decreased during the term of office.

6. The salary of the Registrar shall be fixed by

the General Assembly on the proposal of the Court.

7. 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.

8. The above salaries, allowances, and compensation

shall be free of all taxation.

Article 33

The expenses of the Court shall be borne by the

United Nations in such a manner as shall be decided

by the General Assembly.

CHAPTER II

COMPETENCE OF THE COURT

Article 34

1. Only states may be parties in cases before

the Court.

2. The Court, subject to and in conformity with

its Rules, may request of public international organizations

information relevant to cases before it,

and shall receive such information presented by

such organizations on their own initiative.

3. Whenever the construction of the constituent

instrument of a public international organization

or of an international convention adopted

thereunder is in question in a case before the Court,

the Registrar shall so notify the public international

organization concerned and shall communicate

to it copies of all the written proceedings.

Article 35

1. The Court shall be open to the states parties

to the present Statute.

2. The conditions under which the Court shall

be open to other states shall, subject to the special

provisions contained in treaties in force, be laid

down by the Security Council, but in no case shall

Date: 2015-12-11; view: 660