Which of the following statements about the International Court of Justice is/are correct?

1. The Court consists of members, wherein two members cannot be nationals of the same State.

2. The General Assembly and the Security Council proceed independently of one another to elect the members of the Court.

Select the correct answer using the code given below. 

The correct answer is Both 1 and 2.

Key PointsThe International Court of Justice (ICJ)

• The ICJ, also known as the World Court, is the principal judicial organ of the United Nations (UN).
• It was established in 1945 by the Charter of the United Nations and began work in 1946.
• The court's role is to settle, in accordance with international law, legal disputes submitted by states, and to give advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies.
• The Court consists of 15 judges, elected for terms of office of nine years by the United Nations General Assembly and the Security Council. These two bodies vote simultaneously but independently of each other, and candidates need to obtain an absolute majority in both to be elected.
• No two judges may be nationals of the same country at the time of their election, ensuring the representation of the main forms of civilization and the principal legal systems of the world. Hence, statement 1 is correct.
• The General Assembly and the Security Council are involved in the election process of the ICJ judges. They proceed independently of one another to elect the members of the Court. This unique voting arrangement was designed to ensure the independence of the judiciary from the political organs of the United Nations. Hence, statement 2 is correct.

Additional Information

• The ICJ is located in the Peace Palace in The Hague (Netherlands).
• It is the only one of the six principal organs of the United Nations not located in New York City.
• This setting underscores its independence from the political operations of the United Nations.
• Only countries (states) may be parties in cases before the ICJ, which has led to a significant body of case law on issues such as land disputes, maritime boundaries, and diplomatic relations.
• The ICJ's advisory role also plays a critical function in the development and interpretation of international law. Advisory opinions have covered a wide range of legal issues, including the legality of nuclear weapons, the legality of the threat or use of nuclear weapons, and the legal consequences of the construction of a wall in the Occupied Palestinian Territory.