International Court of Justice

“ The ultimate object of the establishment of a Court of Arbitral Justice is to prevent these abysmal disturbances which, if allowed to exist, will sooner or later destroy any institution, political or judicial, set up by the nations. The immediate object is to come to a common understanding of international justice, and to formulate rules for the conduct of nations based on that understanding. ”

“ He said in substance that the court should be composed of judges representing the several great juridical systems of the world. What this court must undertake to do, if it is to lead men and nations to accept a common standard of international right, is to reconcile whatever differences now exist in the minds of men, concerning the essentials of justice. If men living under one system regard conduct as just which men living under another system think unjust, it is obvious that these differences must be reconciled. ”

“ Taking into account the gravity of the crime and the interests of victims, there are nonetheless substantial reasons to believe that an investigation would not serve the interests of justice. If the Prosecutor determines that there is no reasonable basis to proceed and his or her determination is based solely on subparagraph (c) above, he or she shall inform the Pre-Trial Chamber.
2. If, upon investigation, the Prosecutor concludes that there is not a sufficient basis for a prosecution because:
(a) There is not a sufficient legal or factual basis to seek a warrant or summons under article 58 ”

“ Their offenses transcend the jurisdiction of the courts of any one nation. Their crimes were international in scope, and public indignation is also international. Even if any one nation might properly obtain jurisdiction over such an offender, it should yield to an international court to be created. Humanity could best express its dictates through such a forum. Nor is the least advantage from an international court the joining hands of all nations after the war to act concertedly in dealing out justice. ”

“ International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction as often as questions of right depending upon it are duly presented for their determination. ”

“ If a question of law to be decided is covered by a treaty in force between flue belligerent captor and a power which is itself or whose subject or citizen is a party to the proceedings, the court is governed by the provisions of the said treaty.
In the absence of such provisions, the court shall apply the rules of international law. If no generally recognized rule exists, the court shall give judgment in accordance with the general principles of justice and equity. ”

“ The result is that cases submitted to mere arbitration, without the backing of an adequate international law, have frequently resulted in decisions which meant nothing more nor less than a mere compromise, unsatisfactory to both parties and yet accepted in the name of peace rather than in the name of justice. The world court of the future will administer an international law created and acknowledged by all nations. ”

“ Arbitration is the name for the determination of differences between States through the verdict of one or more umpires chosen by the parties. As there is no central political authority above the Sovereign States, and no such International Court as could exercise jurisdiction over them, State differences, unlike differences between private individuals, cannot as a rule be obligatorily settled in courts of justice. ”

“ International law, or the law that governs between states, has at times, like the common law within states, a twilight existence during which it is hardly distinguishable from morality or justice, till at length the imprimatur of a court attests its jural quality. ”

“ It is an application which, in my submission, must be treated on its own merits. This is a court of justice, not a game in which you can play a substitute, if one member of a team falls sick. If this defendant is unfit to stand his trial before this Tribunal, and whether he is fit or unfit is a matter for the Tribunal, he will be none the less unfit because the Tribunal decides not to join some other person, not at present a party to the proceedings. ”

“ Court of Justice which could establish such responsibility and pronounce a fine or other punishment against a State for neglect of its international duties, State responsibility concerning international duties is nevertheless a legal responsibility. For a State cannot abolish or create new International Law in the same way as it can abolish or create new Municipal Law. ”

“ In a case where 'the file affords no precedent,' and there is neither common nor statute law to guide the proceedings of the Court, the counsel of the respondent respectfully contends, that the case brings with it into this tribunal its own law, in the principles of an elevated and perfect justice, unfettered-as in their nature they are incapable of being fettered-by technical subtleties and petty forms. It stands upon those great and fundamental doctrines of international law, which, by the common consent of mankind, are the basis of the intercourse of the civilized world. ”

“ It should be apparent that the greater the degree of codification or consensus concerning a particular area of international law, the more appropriate it is for the judiciary to render decisions regarding it, since the courts can then focus on the application of an agreed principle to circumstances of fact rather than on the sensitive task of establishing a principle not inconsistent with the national interest or with international justice. It is also evident that some aspects of international law touch much more sharply on national nerves than do others ”

“ In assessing whether or not the declaration of independence is in accordance with international law, the Court must be free to examine the entire record and decide for itself whether that declaration was promulgated by the Provisional Institutions of Self-Government or some other entity. ”

“ Judge Bennouna believes that the Court cannot substitute itself for the Security Council in exercising its responsibilities, nor can it stand legal guarantor for a policy of fait accompli based simply on who can gain the upper hand. The Court's duty is to preserve its role, which is to state the law, clearly and independently. That is how it will safeguard its credibility in performing its functions, for the benefit of the international community. ”

“ He believes that there is room in international law for a category of acts that are neither prohibited nor permitted. In Judge Simma's view, by reading the General Assembly's question as it did, the Court denied itself the possibility to enquire into the precise status under international law of a declaration of independence. ”

“ An international tribunal for Judicial Settlement, which we might call a World Supreme Court, established by the consent and coöperation of the great powers, could gradually erect a body of international law that would be both ideal and real. This is the only way in which international law will ever come to have any actual, positive, binding force. ”

“ While the Court has made it clear that it will not evaluate the motives of the requesting organ it does in practice determine, if the issue arises, whether the requesting organ has or claims to have a sufficient interest in the subject-matter of the request. ”

“ Law can exist without official administration 41 51. The Hague Court of Arbitration as a permanent institution 41 52. The proposed International Prize Court and Court of Arbitral Justice 42 53. Does the constitution of the International Prize Court violate the principle of the equality of states? 43 54. Does the International Prize Court restrict the sovereignty of the several states? 43 55. Would the formation of an international Prize Court of Appeal infringe the sovereignty of the several states? 44 56. The powers of the International Prize Court do not curtail state-sovereignty 45 57. ”

“ The ultimate goal is the formation and consolidation of a multi-ethnic democratic society, under the rule of law, with the prevalence of the fundamental principle of equality and non-discrimination, the exercise of the right of participation in public life, and of the right of equal access to justice by everyone. ”

“ Some of us used to hope that international public opinion, while quite insufficient to-day to enforce the judgment of a World Court, might gradually grow to such strength and power that it could finally be counted on alone to give force to the decisions of this tribunal. ”

“ In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence.
2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person. ”

“ The Court regrets the decision taken by the Russian Federation not to participate in the oral proceedings on the request for the indication of provisional measures, as set out in the above-mentioned letter of 5 March 2022 (see paragraph 12 above) .
21. The non-appearance of a party has a negative impact on the sound administration of justice, as it deprives the Court of assistance that a party could have provided to it. ”

“ The Court observes that it is not required by the question it has been asked to take a position on whether international law conferred a positive entitlement on Kosovo unilaterally to declare its independence or, a fortiori, on whether international law generally confers an entitlement on entities situated within a State unilaterally to break away from it. Indeed, it is entirely possible for a particular act – such as a unilateral declaration of independence – not to be in violation of international law without necessarily constituting the exercise of a right conferred by it. ”

“ Moreover, they could bring cases before mixed arbitral tribunals in their own names, quite independently of the will of their home Governments. In this case, therefore, individuals can be said to be subjects of rights in international law. The view has been expressed an the strength of this example that individuals have come to be recognized in general as subjects of rights in international law. ”

“ A Judge of the International High Court shall not be liable to any legal proceedings in any tribunal in any State, and shall not be subjected to any disciplinary action by any Government, in respect of anything said or done by him in his capacity as Judge; and shall not during his term of office be deprived of any part of the emoluments or privileges of his office. A Judge of the International High Court may be removed from office by a resolution of the International Council sitting as a whole, carried by a three-fourths majority. ”

“ Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America) , Merits, Judgment, I.C.J. Reports 1986, p. 23, para. 27) . Should the present case extend beyond the current phase, the Russian Federation, which remains a Party to the case, will be able, if it so wishes, to appear before the Court to present its arguments (Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America) , Merits, Judgment, I.C.J. Reports 1986, pp. 142-143, para. 284) .
II. Prima facie jurisdiction
1. ”

“ Other nations with diverse but highly respected systems of jurisprudence also have signified adherence to it. These are Belgium, The Netherlands, Denmark, Norway, Czechoslovakia, Luxembourg, Poland, Greece, Yugoslavia, Ethiopia, Australia, Haiti, Honduras, Panama, New Zealand, Venezuela, and India. You judge, therefore, under an organic act which represents the wisdom, the sense of justice, and the will of 21 governments, representing an overwhelming majority of all civilized people. ”

“ No two judges may be nationals of the same State. A person who, for the purposes of membership of the Court, could be regarded as a national of more than one State shall be deemed to be a national of the State in which that person ordinarily exercises civil and political rights. ”