Basic provisions of Article 38 of the Statute of the International Court. Charter of the United Nations. Chapter IV: Advisory Opinions
CHARTER
United Nations*
Document with changes made:
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* An integral part The Charter is the Statute of the International Court of Justice (hereinafter, the asterisks indicate the notes of the drafters).
Amendments to Articles 23, 27 and 61 of the Charter were adopted by the General Assembly on December 17, 1963 and entered into force on August 31, 1965. Amendment to Article 109, adopted by the General Assembly on December 20, 1965, entered into force on June 12, 1968 .
The amendment to Article 23 of the Charter increases the number of members of the Security Council from eleven to fifteen.
Amended Article 27 provides that decisions of the Security Council on procedural matters are considered adopted when nine members vote for them (previously seven), and on all other matters when nine members vote for them (previously seven), including the concurring votes of five permanent members of the Security Council.
Amendment to Art. 61 increases the number of members of the Economic and Social Council from eighteen to twenty-seven. A subsequent amendment to this article, effective September 24, 1973, increases the number of Council members from twenty-seven to fifty-four.
The amendment to the first paragraph of Article 109 provides that the time and place of holding the General Conference of Member States for the purpose of revising the Charter are determined by two-thirds of the votes of the members of the General Assembly and the votes of any nine (previously seven) members of the Security Council.
Paragraph 3 of Article 109, which provides for the possibility of convening a conference to revise the Charter, was considered by the General Assembly and the Security Council at the tenth regular session of the General Assembly in 1955 and remained in its original wording: “by the votes of any seven members of the Security Council.”
WE ARE THE PEOPLE OF THE UNITED NATIONS,
determined to save future generations from the scourge of war, which twice in our lifetime has brought untold grief to humanity, and to reaffirm faith in fundamental human rights, dignity and worth human personality, to the equality of rights of men and women and to the equality of rights of nations large and small, and to create conditions under which justice and respect for obligations arising from treaties and other sources can be maintained international law,and promote social progress and the improvement of living conditions in greater freedom, and to these ends to exercise tolerance and live together, in peace with each other, as good neighbors, and to unite our forces to maintain international peace and security, and to ensure, by the adoption of principles and the establishment of methods, that armed forces are used only in the general interest, and that the international apparatus is used to promote the economic and social progress of all peoples, have resolved to unite our efforts to achieve these ends.
Accordingly, our respective governments, through representatives assembled in the city of San Francisco, presenting their full powers found in due form, have agreed to accept this Charter of the United Nations, and do hereby establish an international organization to be called the United Nations.
Chapter I. Goals and principles
Article 1
The United Nations has the following Objectives:
1. To maintain international peace and security and to this end take effective collective measures to prevent and eliminate threats to the peace and suppress acts of aggression or other breaches of the peace and to carry out by peaceful means, in accordance with the principles of justice and international law, the settlement or resolution of international disputes or situations that may lead to a breach of the peace;
2. To develop friendly relations between nations on the basis of respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen world peace;
3. To carry out international cooperation in resolving international problems of an economic, social, cultural and humanitarian nature and in promoting and developing respect for human rights and fundamental freedoms for all, without distinction as to race, sex, language, religion, and
4. Be a center for coordinating the actions of nations in achieving these common goals
Article 2
To achieve the Objectives specified in Article 1, the Organization and its Members shall act in accordance with the following Principles:
1. The Organization is based on the principle of sovereign equality of all its Members;
2. All Members of the United Nations shall fulfill in good faith the obligations assumed under this Charter in order to ensure to all of them collectively the rights and benefits arising from membership of the Organization;
3. All Members of the United Nations shall settle their international disputes by peaceful means in such a manner as not to endanger international peace and security and justice;
4. All Members of the United Nations shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State or in any other manner inconsistent with the Purposes of the United Nations;
5. All Members of the United Nations shall give it their full assistance in all actions taken by it in accordance with this Charter and shall refrain from providing assistance to any State against which the United Nations is taking preventive or enforcement action;
6. The Organization shall ensure that States which are not Members act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security;
7. This Charter does not in any way authorize the United Nations to intervene in matters essentially within the domestic jurisdiction of any State, nor require Members of the United Nations to submit such matters for determination under this Charter; however, this principle does not affect the application of enforcement measures under Chapter VII.
Chapter II. Members of the organization
Article 3
The original Members of the United Nations are the States which, having participated in the San Francisco Conference establishing the International Organization or having previously signed the United Nations Declaration of January 1, 1942, have signed and ratified this Charter in accordance with Article 110.
Article 4
1. Admission to Membership of the Organization is open to all other peace-loving States which accept the obligations contained in this Charter and which, in the judgment of the Organization, are able and willing to fulfill these obligations.
2. The admission of any such state to Membership of the organization shall be effected by resolution of the General Assembly on the recommendation of the Security Council.
Article 5
If preventive or coercive action has been taken against any Member of the Organization by the Security Council, the General Assembly has the right, on the recommendation of the Security Council, to suspend the exercise of the rights and privileges accruing to him as a Member of the Organization. The exercise of these rights and privileges may be restored by the Security Council.
Article 6
A Member of the Organization who systematically violates the principles contained in this Charter may be expelled from the Organization by the General Assembly on the recommendation of the Security Council.
Chapter III. Organs
Article 7
1. The main organs of the United Nations are established: the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the International Court of Justice and the Secretariat.
2. Subsidiary bodies that prove necessary may be established in accordance with this Charter.
Article 8
The United Nations places no restrictions on the rights of men and women to participate in any capacity and on equal terms in its principal and subsidiary organs.
Chapter IV. General Assembly
Article 9
1. The General Assembly consists of all Members of the Organization.
2. Each Member of the Organization has no more than five representatives in the General Assembly.
Article 10
The General Assembly is authorized to discuss any question or matter within the limits of this Charter or relating to the powers and functions of any of the organs provided for in this Charter, and, with the exceptions provided in Article 12, to make recommendations to Members of the United Nations or the Security Council or both Members and the Security Council on any such issues or matters.
Article 11
1. The General Assembly is authorized to consider the general principles of cooperation in the maintenance of international peace and security, including the principles governing disarmament and arms regulation, and to make recommendations regarding these principles to the Members of the Organization or the Security Council or to both the Members and the Security Council.
2. The General Assembly is authorized to discuss any questions relating to the maintenance of international peace and security brought before it by any Member of the Organization or the Security Council or a State which is not a Member of the Organization, in accordance with paragraph 2 of Article 35, and with the exceptions provided in Article 12 , make recommendations in relation to any such matters to the State or States concerned or to the Security Council or to both the Security Council and the State or States concerned. Any such matter on which action is required shall be referred by the General Assembly to the Security Council before or after discussion.
3. The General Assembly may draw the attention of the Security Council to situations that could threaten international peace and security.
4. The powers of the General Assembly set forth in this article shall not limit the general meaning of article 10.
Article 12
1. Whenever the Security Council is exercising the functions conferred on it by this Charter in relation to any dispute or situation, the General Assembly may not make any recommendations relating to that dispute or situation unless the Security Council so requests.
2. General Secretary, with the consent of the Security Council, notify the General Assembly at each of its sessions of all matters relating to the maintenance of international peace and security before the Security Council, and in like manner notify the General Assembly, and if the General Assembly is not in session, then the Members of the Organization, immediately as soon as the Security Council ceases to consider such matters.
Article 13
1. The General Assembly shall organize studies and make recommendations for the purposes of:
a) Promoting international cooperation in the political field and encouraging the progressive development of international law and its codification;
b) Promoting international cooperation in the fields of economic, social, cultural, educational, health and promoting the implementation of human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion.
2. The further duties, functions and powers of the General Assembly in relation to the matters referred to in paragraph 1 b above are set out in Chapters IX and X.
Article 14
Subject to the provisions of Article 12, the General Assembly is empowered to recommend measures for the peaceful settlement of any situation, whatever its origin, which, in the opinion of the Assembly, might prejudice the general welfare or friendly relations between nations, including situations arising from a violation of the provisions of this Charter setting out the Purposes and United Nations Principles.
Article 15
1. The General Assembly receives and considers annual and special reports of the Security Council; these reports must include an account of the measures for the maintenance of international peace and security that the Security Council has decided to take or has taken.
2. The General Assembly receives and considers reports from other organs of the Organization.
Article 16
The General Assembly performs in relation to the international trusteeship system such functions as are assigned to it by Chapters XII and XIII, including the approval of trusteeship agreements for non-strategic territories.
Article 17
1. The General Assembly considers and approves the budget of the Organization.
2. Members of the Organization shall bear its expenses according to the distribution established by the General Assembly.
3. The General Assembly shall examine and approve any financial and budgetary agreements with the specialized agencies referred to in article 57 and shall examine the administrative budgets of such specialized agencies with a view to making recommendations to the agencies concerned.
Article 18
1. Each Member of the General Assembly has one vote.
2. Decisions of the General Assembly on important issues are taken by a two-thirds majority of the members of the Assembly present and voting. These matters include: recommendations concerning the maintenance of international peace and security, election of non-permanent members of the Security Council, election of members of the Economic and Social Council, election of members of the Trusteeship Council under Article 86(1c), admission of new Members to the United Nations, suspension of rights and privileges of Members of the Organization, exclusion from the Organization of its Members, issues relating to the operation of the guardianship system, and budgetary issues.
3. Decisions on other issues, including the definition of additional categories of issues that must be decided by a two-thirds majority, are made by a simple majority of those present and voting.
Article 19
A Member of the Organization who is in arrears in the payment of monetary contributions to the Organization shall be deprived of the right to vote in the General Assembly if the amount of his arrears equals or exceeds the amount of contributions due from him for the previous two full years. The General Assembly may, however, permit such Member to vote if it accepts that the delay in payment was due to circumstances beyond its control.
Article 20
The General Assembly shall meet in regular annual sessions and in such special sessions as circumstances may require. Special sessions are convened Secretary General at the request of the Security Council or a majority of Members of the Organization.
Article 21
The General Assembly sets its own rules of procedure. It elects its Chairman for each session.
Article 22
The General Assembly is authorized to establish such subsidiary bodies as it deems necessary for the performance of its functions.
1. The Security Council consists of fifteen Members of the Organization. Republic of China, France, Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland and the United States of America are permanent members of the Security Council. The General Assembly elects ten other Members of the Organization as non-permanent members of the Security Council, giving due regard in particular to the degree of participation of Members in the maintenance of international peace and security and the other purposes of the Organization, and to equitable geographical distribution.
2. Non-permanent members of the Security Council are elected for a two-year term. At the first election of non-permanent members, following the expansion of the Security Council from eleven to fifteen, two of the four additional members are elected for a term of one year. A retiring member of the Security Council is not subject to immediate re-election.
3. Each member of the Security Council has one representative.
Article 24
1. To ensure the prompt and effective action of the United Nations, its Members assign to the Security Council the primary responsibility for the maintenance of international peace and security and agree that, in discharging its duties arising from this responsibility, the Security Council shall act on their behalf.
2. In discharging these responsibilities, the Security Council shall act in accordance with the Purposes and Principles of the United Nations. The specific powers granted to the Security Council to carry out these responsibilities are set out in Chapters VI, VII, VIII and XII.
3. The Security Council submits annual reports and, as appropriate, special reports to the General Assembly for consideration.
Article 25
Members of the Organization agree, in accordance with this Charter, to obey and implement the decisions of the Security Council.
Article 26
In order to promote the establishment and maintenance of international peace and security with the least possible diversion of the world's human and economic resources to the cause of armaments, the Security Council shall be responsible for formulating, through the Military Staff Committee referred to in Article 47, plans for the establishment of a system of arms regulation for submission to the Members of the Organization. .
Article 27
1. Each member of the Security Council has one vote.
2. Decisions of the Security Council on matters of procedure are considered adopted when nine members of the Council vote for them.
3. Decisions of the Security Council on all other matters shall be deemed adopted when the affirmative votes of nine members of the Council, including the concurring votes of all permanent members of the Council, are cast, the party to the dispute being required to abstain from voting when a decision is taken under Chapter VI and under paragraph 3 of article 52.
Article 28
1. The Security Council shall be organized in such a way that it can function continuously. For this purpose, each member of the Security Council must be represented at all times at the seat of the United Nations.
2. The Security Council shall meet periodically, at which each of its members may, at his discretion, be represented either by a member of the government or by some other specially designated representative.
3. Meetings of the Security Council may take place not only at the seat of the Organization, but also in any other place that, in the opinion of the Council, is more conducive to its work.
Article 29
The Security Council may establish such subsidiary organs as it deems necessary for the performance of its functions.
Article 30
The Security Council sets its own rules of procedure, including the procedure for electing its President.
Article 31
Any Member of the Organization which is not a member of the Security Council may take part, without the right to vote, in the discussion of any matter brought before the Security Council in all cases where the Security Council finds that the interests of that Member of the Organization are specifically affected.
Article 32
Any Member of the Organization which is not a Member of the Security Council, or any State which is not a Member of the Organization, if it is a party to a dispute before the Security Council, shall be invited to participate, without the right to vote, in the deliberations relating to that dispute. The Security Council sets such conditions for the participation of a state that is not a Member of the Organization as it finds fair.
Chapter VI. Peaceful Dispute Resolution
PEACEFUL RESOLUTION OF DISPUTES
Article 33
1. The parties to any dispute, the continuation of which might endanger the maintenance of international peace and security, shall first endeavor to resolve the dispute by negotiation, inquiry, mediation, conciliation, arbitration, litigation, recourse to regional bodies or agreements, or other peaceful means of your choice.
2. The Security Council, when it considers it necessary, shall require the parties to resolve their dispute by such means.
Article 34
The Security Council is authorized to investigate any dispute or any situation which may give rise to international friction or give rise to a dispute, to determine whether the continuation of that dispute or situation is likely to threaten the maintenance of international peace and security.
Article 35
1. Any Member of the Organization may bring any dispute or situation of the nature specified in Article 34 to the attention of the Security Council or the General Assembly.
2. A State which is not a Member of the Organization may bring to the attention of the Security Council or the General Assembly any dispute to which it is a party if it has accepted in advance with respect to that dispute the obligations of the peaceful settlement of disputes provided for in this Charter.
3. The resolution of cases brought to its attention under this article by the General Assembly shall be subject to the provisions of articles 11 and 12.
Article 36
1. The Security Council shall have the power, at any stage of a dispute of the nature referred to in Article 33 or a situation of a similar nature, to recommend the appropriate procedure or methods of settlement.
2. The Security Council shall take into account any procedure for the settlement of this dispute which has already been adopted by the parties.
3. In making recommendations under this article, the Security Council also takes into account that disputes of a legal nature must, as general rule, be submitted by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court.
Article 37
1. If the parties to a dispute of the nature specified in Article 33 do not resolve it by the means specified in that Article, they shall refer it to the Security Council.
2. If the Security Council considers that the continuation of a given dispute might actually endanger the maintenance of international peace and security, it shall decide whether to act under Article 36 or to recommend such terms for the settlement of the dispute as it finds appropriate.
Article 38
Without prejudice to the provisions of Articles 33 to 37, the Security Council may, if all parties to any dispute so request, make recommendations to the parties with a view to the peaceful resolution of that dispute.
Chapter VII. Actions regarding threats to the peace, breaches of the peace and acts of aggression
ACTIONS REGARDING THREATS TO PEACE, BREACHES OF PEACE AND ACTS OF AGGRESSION
Article 39
The Security Council determines the existence of any threat to the peace, any breach of the peace or act of aggression and makes recommendations or decides what measures should be taken in accordance with Articles 41 and 42 to maintain or restore international peace and security.
Article 40
To prevent the situation from worsening, the Security Council is authorized, before making recommendations or deciding to take measures under Article 39, to require the parties concerned to implement such temporary measures as it finds necessary or desirable. Such temporary measures must not prejudice the rights, claims or position of the parties concerned. The Security Council takes due account of the failure to comply with these temporary measures.
Article 41
The Security Council has the power to decide what measures, other than the use of military force, should be used to implement its decisions, and it may require Members to apply these measures. These measures may include a full or partial break economic relations, railway, sea, air, postal, telegraph, radio or other means of communication, as well as severance of diplomatic relations.
Article 42
If the Security Council considers that the measures provided for in Article 41 are likely to be insufficient or have already proven insufficient, it is authorized to take such action by air, sea or land forces as may be necessary to maintain or restore international peace and security. Such actions may include demonstrations, blockades and other operations by air, sea or ground forces Members of the Organization.
Article 43
1. All Members of the Organization, in order to contribute to the maintenance of international peace and security, undertake to place at the disposal of the Security Council, upon its request and in accordance with a special agreement or agreements, the armed forces, assistance and appropriate equipment necessary for the maintenance of international peace and security. facilities, including rights of way.
2. Such agreement or agreements determine the number and type of troops, the degree of their readiness and their general location and the nature of the services and assistance provided.
3. Negotiations for the conclusion of an agreement or agreements are undertaken as soon as possible the shortest possible time on the initiative of the Security Council. They are concluded between the Security Council and the Members of the Organization or between the Security Council and groups of Members of the Organization and are subject to ratification by the signatory states in accordance with their constitutional procedure.
Article 44
When the Security Council has decided to use force, before requiring a Member not represented on the Council to provide armed forces in pursuance of the obligations assumed by it under Article 43, the Security Council shall invite that Member, if the latter so desires, to take part in decisions of the Security Council regarding the use of contingents of the armed forces of a given Member of the Organization.
Article 45
In order to enable the United Nations to undertake urgent military action, Members of the Organization must maintain contingents of national air forces in a state of immediate readiness for joint international enforcement action. The number and degree of readiness of these contingents and the plans for their joint action shall be determined by the Security Council with the assistance of the Military Staff Committee within the limits specified in the special agreement or agreements referred to in Article 43.
Article 46
Plans for the use of armed forces are drawn up by the Security Council with the assistance of the Military Staff Committee.
Article 47
1. A Military Staff Committee shall be established to advise and assist the Security Council on all matters relating to the military requirements of the Security Council for the maintenance of international peace and security, the use and command of the troops placed at its disposal, as well as to arms regulation and eventual disarmament.
2. The Military Staff Committee consists of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any Member of the Organization not permanently represented on the Committee shall be invited by the Committee to cooperate with it if the effective performance of the duties of the Committee requires the participation of that Member in the work of the Committee.
3. The Military Staff Committee, being subordinate to the Security Council, is responsible for the strategic direction of any armed forces placed at the disposal of the Security Council. Issues relating to the command of such forces will have to be worked out later.
4. The Military Staff Committee may, with the permission of the Security Council and after consultation with the appropriate regional bodies, establish its own regional subcommittees.
Article 48
1. Actions required to carry out decisions of the Security Council for the purpose of maintaining international peace and security shall be taken by all or some of the Members of the Organization, as the Security Council may determine.
2. Such decisions are implemented by the Members of the Organization directly, as well as through their actions in the relevant international institutions of which they are members.
Article 49
Members of the Organization must unite to provide mutual assistance in carrying out measures decided upon by the Security Council.
Article 50
If preventive or coercive measures are taken by the Security Council against any State, any other State, whether or not a Member of the Organization, which is faced with special economic problems arising from the implementation of the above measures shall have the right to consult the Security Council with a view to resolving such problems.
Article 51
This Charter shall in no way affect the inherent right of individual or collective self-defense should an armed attack occur on a Member of the Organization until such time as the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members of the organization in the exercise of this right of self-defense shall be immediately communicated to the Security Council and shall in no way affect the power and responsibility of the Security Council, in accordance with this Charter, to take at any time such action as it deems necessary. to maintain international peace and security.
Chapter VIII. Regional agreements
REGIONAL AGREEMENTS
Article 52
1. This Charter shall in no way prevent the existence of regional agreements or bodies for the settlement of such questions relating to the maintenance of international peace and security as are appropriate for regional action, provided that such agreements or bodies and their activities are compatible with the Objectives and Principles of the Organization.
2. Members of the Organization having entered into such agreements or constituting such bodies shall make every effort to achieve the peaceful settlement of local disputes through such regional agreements or such regional bodies before referring such disputes to the Security Council.
3. The Security Council shall encourage the development of the application of the peaceful resolution of local disputes through such regional agreements or such regional bodies, either on the initiative of the States concerned or on its own initiative.
4. This article does not in any way affect the application of articles 34 and 35.
Article 53
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1. The Security Council shall use, where appropriate, such regional agreements or bodies for enforcement action under its authority. However, no enforcement action shall be taken, by virtue of these regional agreements or by regional bodies, without authority from the Security Council, except for measures provided for in Article 107, against any enemy State as defined in paragraph 2 of this article, or measures provided for in regional agreements directed against the resumption of aggressive policies on the part of any such State until such time as the Organization, at the request of the Governments concerned, may be made responsible for preventing further aggression on the part of such State.
2. The term "enemy state", as used in paragraph 1 of this article, refers to any state which, during the Second World War, was an enemy of any of the states signatory to this Charter.
Article 54
The Security Council must at all times be kept fully informed of actions taken or proposed by regional agreements or by regional bodies to maintain international peace and security.
Chapter IX. International economic and social cooperation
INTERNATIONAL ECONOMIC
AND SOCIAL COOPERATION
Article 55
In order to create the conditions of stability and prosperity necessary for peaceful and friendly relations among nations, based on respect for the principle of equal rights and self-determination of peoples, the United Nations promotes:
a) Raising the standard of living, full employment of the population and the conditions for economic and social progress and development;
b) Resolving international problems in the field of economic, social, health and similar problems; international cooperation in the field of culture and education;
c) Universal respect and observance of human rights and fundamental freedoms for all, without distinction of race, sex, language or religion.
Article 56
All Members of the Organization undertake to take joint and independent actions in cooperation with the Organization to achieve the goals specified in Article 55.
Article 57
1. Various specialized institutions established by intergovernmental agreements and vested with broadly international responsibilities, defined in their constituent instruments, in the field of economic, social, cultural, educational, health and similar fields, will be brought into connection with the Organization in accordance with the provisions of Article 63.
2. Such institutions, which will be brought into connection with the Organization in this manner, are referred to in the following articles as “specialized institutions”.
Article 58
Article 59
The Organization shall, if necessary, take the initiative to have interested States enter into negotiations on the establishment of any new specialized institutions that will be required to carry out the purposes specified in Article 55.
Article 60
Responsibility for the performance of the functions of the Organization specified in this Chapter rests with the General Assembly and, under the direction of the General Assembly, with the Economic and Social Council, which for this purpose is granted the powers specified in Chapter X.
ECONOMIC AND SOCIAL COUNCIL
Article 61
1. The Economic and Social Council consists of fifty-four Members of the Organization elected by the General Assembly.
2. Subject to the provisions set out in paragraph 3, eighteen members of the Economic and Social Council shall be elected annually for a term of three years. A retiring Council member may be re-elected immediately.
3. At the first election following an increase in the number of members of the Economic and Social Council from twenty-seven to fifty-four, twenty-seven additional members shall be elected in addition to the members elected to replace the nine members whose term of office expires at the end of a given year. The term of office of nine of the twenty-seven additional members so elected shall expire at the end of the first year, and the term of office of the other nine members at the end of the second year, as may be determined by the General Assembly.
4. Each member of the Economic and Social Council has one representative.
Article 62
1. The Economic and Social Council is authorized to undertake studies and draw up reports on international issues in the field of economic, social, cultural, educational, health and similar issues or to encourage others to do so, as well as to make recommendations on any of these issues to the General Assembly, Members of the organization and interested specialized agencies.
3. The Council is authorized to prepare for submission to the General Assembly draft conventions on matters within its competence.
4. The Council is authorized to convene, in accordance with the rules prescribed by the Organization, international conferences on issues within its competence.
Article 63
1. The Economic and Social Council is authorized to enter into agreements with any of the institutions referred to in Article 57 defining the conditions under which the institutions concerned will be brought into contact with the Organization. Such agreements are subject to approval by the General Assembly.
2. The Council shall be empowered to harmonize the activities of the specialized agencies through consultation with them and recommendations to such agencies and through recommendations to the General Assembly and Members of the Organization.
Article 64
1. The Economic and Social Council is authorized to take appropriate measures to obtain regular reports from the specialized agencies. The Council is authorized to enter into agreements with the Members of the Organization and with the specialized agencies for the purpose of obtaining from them reports on the measures taken by them in pursuance of its own recommendations and the recommendations of the General Assembly on matters within its competence.
2. The Council is authorized to communicate its comments on these reports to the General Assembly.
Article 65
The Economic and Social Council is authorized to provide information to the Security Council and, upon proposal of the Security Council, is obliged to assist it.
Article 66
1. The Economic and Social Council shall exercise such functions as are within its competence in connection with the implementation of the recommendations of the General Assembly.
2. The Council, with the approval of the General Assembly, is authorized to carry out work at the request of the Members of the Organization and at the request of the specialized agencies.
3. The Council shall perform such other functions as are enumerated elsewhere in these Constitutions or as may be assigned to it by the General Assembly.
Article 67
1. Each member of the Economic and Social Council has one vote.
2. Decisions of the Economic and Social Council are adopted by a majority vote of the Council members present and voting.
Article 68
The Economic and Social Council creates commissions in economic and social areas and for the Promotion of Human Rights, and such other commissions as may be required for the performance of its functions.
Article 69
The Economic and Social Council invites any Member of the Organization to participate, without the right to vote, in its deliberations on any matter of particular interest to that Member.
Article 70
The Economic and Social Council is authorized to hold arrangements for the participation, without voting rights, of representatives of specialized agencies in the discussion of issues in the Council or in commissions created by it, as well as for the participation of representatives of the Council in discussions of issues in specialized agencies.
Article 71
The Economic and Social Council is authorized to make appropriate arrangements for consultation with non-governmental organizations interested in matters within its competence. Such arrangements may be agreed upon with international organizations and, if necessary, with national organizations after consultation with the Member of the Organization concerned.
Article 72
1. The Economic and Social Council shall establish its own rules of procedure, including the procedure for electing its President.
2. The Economic and Social Council shall convene as needed, in accordance with its rules, which should include provisions for convening meetings at the request of a majority of its members.
Chapter XI. Declaration concerning Non-Self-Governing Territories
DECLARATION CONCERNING NON-SELF-GOVERNING TERRITORIES
Article 73
Members of the United Nations who have or accept responsibility for the administration of territories whose peoples have not yet achieved full self-government recognize the principle that the interests of the people of those territories are paramount and, as a solemn duty, undertake to promote to the greatest extent possible the welfare of the people of those territories within the framework of the system of international peace and security established by this Charter, and for this purpose:
a) To ensure, with due respect for the culture of the said peoples, their political, economic, social and educational progress, their fair treatment and protection from abuse;
(b) to develop self-government, to take due account of the political aspirations of these peoples, and to assist them in the progressive development of their free political institutions, in accordance with the peculiar circumstances peculiar to each territory and its peoples, and to their different stages of development;
c) Strengthen international peace and security;
d) Promote the development of constructive activities, encourage research and cooperate with each other and, where and when appropriate, with specialized international organizations for the sake of practical achievement the social, economic and scientific goals set out in this article and
e) To transmit regularly to the Secretary General, for information and with such restrictions as security and constitutional reasons may require, statistical and other information of a special nature relating to economic and social conditions, as well as the conditions of education in the territories for which they are respectively responsible, except for those territories to which Chapters XII and XIII apply.
Article 74
Members also agree that their policies in relation to the territories covered by this Chapter shall be based, no less than in relation to their mother countries, on the general principle of good neighborliness, with due regard to the interests and welfare of the rest of the world in social, economic and trade.
Chapter XII. International guardianship system
INTERNATIONAL GUARDIANESS SYSTEM
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Article 75
The United Nations creates under its leadership international system trusteeship for the administration of such territories as may be included in it by subsequent individual agreements, and for the supervision of these territories. These territories are hereinafter referred to as “trustee territories”.
Article 76
The main objectives of the guardianship system, in accordance with the Purposes of the United Nations as set out in Article 1 of this Charter, are to:
a) Strengthen international peace and security;
b) To promote the political, economic and social progress of the population of the Trust Territories, their progress in education and their progressive development towards self-government or independence, as may be appropriate to the specific conditions of each Territory and its peoples and having regard to the freely expressed wishes these peoples and as may be provided for in the terms of each trusteeship agreement;
c) Promote respect for human rights and fundamental freedoms for all, without distinction of race, gender, language, religion, and encourage recognition of the interdependence of the peoples of the world;
d) Ensure equal treatment of Members of the Organization and their citizens in the social, economic and commercial fields, as well as equal treatment in the administration of justice, without prejudice to the achievement of the above objectives and subject to the provisions of Article 80.
Article 77
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By resolution of the UN General Assembly of September 16, 2005 N 60/1 in this article excluded references to "enemy states".
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1. The guardianship system applies to such territories from the following categories that may be included in it by trusteeship agreements:
a) Territories currently under the Mandate;
b) Territories that may be seized from enemy states as a result of the Second World War, and
c) Territories voluntarily included in the trusteeship system by the states responsible for their administration.
2. The question of which of the territories of the above categories should be included in the trusteeship system and under what conditions will be the subject of subsequent agreement.
Article 78
The trusteeship system does not apply to countries that have become Members of the Organization, relations between which must be based on respect for the principle of sovereign equality.
Article 79
The terms of trusteeship for each territory to be included in the trusteeship system, including all changes and amendments, shall be determined by agreements of the states directly concerned, including mandate countries in the event that the territories are under the mandate of one of the Members of the Organization, and approved as provided in Articles 83 and 85.
Article 80
1. Save as may be agreed upon in individual guardianship agreements concluded pursuant to Articles 77, 79 and 81 incorporating each territory into the guardianship system, and until such agreements are concluded, nothing in this Chapter shall be construed as altering in any way under whatever conditions of existing international agreements to which Members of the Organization may be parties respectively.
2. Paragraph 1 of this article shall not be interpreted as giving grounds for delay or postponement of negotiations and the conclusion of agreements regarding the inclusion of mandated and other territories under the trusteeship system as provided for in article 77.
Article 81
The trusteeship agreement in each case must include the terms under which the trustee territory will be administered and also define the authority that will administer the trustee territory. Such an authority, hereinafter referred to as the administering authority, may be one or more states or the United Nations as such.
Article 82
Any trusteeship agreement may designate a strategic area or areas, which may include part or all of the territory under trusteeship to which the agreement applies, without prejudice to any special agreement or agreements concluded pursuant to article 43.
Article 83
1. All functions of the United Nations relating to strategic areas, including the approval of the terms of trusteeship agreements and their modifications or amendments, shall be exercised by the Security Council.
2. The main objectives set out in Article 76 apply to the people of each of the strategic areas.
3. The Security Council, subject to the terms of trusteeship agreements and without prejudice to security requirements, shall have the assistance of the Trusteeship Council to carry out those functions of the United Nations under the trusteeship system which relate to political, economic, social and education areas in strategic areas.
Article 84
It is the responsibility of the administering authority to ensure that the trust territory plays its role in the maintenance of international peace and security. For this purpose, the Administering Authority is authorized to use voluntary armed forces, facilities and assistance of the Trust Territory in carrying out the obligations assumed in this regard by the Administering Authority before the Security Council, as well as for local defense and the maintenance of law and order within the Trust Territory.
Article 85
1. The functions of the United Nations with respect to trusteeship agreements for all areas not designated as strategic, including the approval of the terms of trusteeship agreements and their modifications or amendments, shall be exercised by the General Assembly.
2. The Trusteeship Council, acting under the direction of the General Assembly, shall assist the General Assembly in the performance of these functions.
Chapter XIII. Composition of guardianship
CUSTODY COMPOSITION
Chapter XIV. international Court
Article 92
The International Court of Justice is the main judicial organ of the United Nations. It operates in accordance with the attached Statute, which is based on the Statute of the Permanent Court International Justice and forms an integral part of this Charter.
Article 93
1. All Members of the Organization are ipso facto parties to the Statute of the International Court of Justice.
2. A State that is not a Member of the Organization may become a party to the Statute of the International Court of Justice on conditions to be determined, in each individual case, by the General Assembly on the recommendation of the Security Council.
Article 94
1. Each Member of the Organization undertakes to comply with the decision of the International Court of Justice in a case to which it is a party.
2. In the event that any party to a case fails to comply with the obligation imposed on it by a decision of the Court, the other party may apply to the Security Council, which may, if it considers it necessary, make recommendations or decide to take measures to give effect to the decision .
Article 95
This Charter does not in any way prevent Members of the Organization from entrusting the resolution of their differences to other courts by virtue of agreements already existing or those that may be concluded in the future.
Article 96
1. The General Assembly or the Security Council may request from the International Court of Justice advisory opinions anyway legal issue.
2. Other organs of the United Nations and specialized agencies, which the General Assembly may at any time authorize to do so, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.
Chapter XV. Secretariat
Article 97
The Secretariat consists of the Secretary General and such personnel as may be required by the Organization. The Secretary General is appointed by the General Assembly on the recommendation of the Security Council. The General Secretary is the chief administrative officer of the organization.
Article 98
The Secretary-General acts in this capacity at all meetings of the General Assembly, the Security Council, the Economic and Social Council and the Trusteeship Council and performs such other functions as are assigned to him by those bodies. The Secretary General presents an annual report on the work of the Organization to the General Assembly.
Article 99
The Secretary General has the right to 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 Secretary General and the staff of the Secretariat shall not seek or receive instructions from any government or authority external to the organization. They must refrain from any action that might affect their position as international officials responsible only to the Organization.
2. Each Member of the Organization undertakes to respect strictly international character duties of the Secretary General and Secretariat staff and not attempt to influence them in the performance of their duties.
Article 101
1. The staff of the Secretariat shall be appointed by the Secretary General, in accordance with the rules established by the General Assembly.
2. Adequate personnel are allocated for permanent job to the Economic and Social Council, to the Trusteeship Council and, as necessary, to other bodies of the Organization. These personnel form part of the Secretariat.
3. When hiring and determining the conditions of service, one should be guided primarily by the need to ensure a high level of efficiency, competence and integrity. Due consideration should be given to the importance of recruiting personnel on as wide a geographical basis as possible.
Chapter XVI. Miscellaneous regulations
Article 102
1. Every treaty and every international agreement concluded by any Member of the Organization after the entry into force of this Charter shall, as soon as possible, be registered with the Secretariat and published by it.
2. Neither party to any such treaty or international agreement not registered in accordance with paragraph 1 of this article may invoke such treaty or agreement before any organ of the United Nations.
Article 103
In the event that the obligations of the Members of the Organization under this Charter conflict with their obligations under any other international agreement, the obligations under this Charter shall prevail.
Article 104
The United Nations shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the performance of its functions and the achievement of its purposes.
Article 105
1. The United Nations shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the achievement of its purposes.
2. Representatives of Members of the Organization and its officials also enjoy privileges and immunities that are necessary for them to independently perform their functions related to the activities of the Organization.
Chapter XVII. Security measures during the transition period
SECURITY ACTIVITIES DURING TRANSITION
Article 106
Pending the entry into force of such special agreements referred to in Article 43 as, in the opinion of the Security Council, enable it to begin to carry out its duties under Article 42, the parties to the Declaration of the Four Powers, signed in Moscow on October 30, 1943, and France will, subject to the provisions of paragraph 5 of this Declaration, to consult with each other and, if necessary, with other Members of the Organization with a view to such joint action on behalf of the Organization as may be necessary for the maintenance of international peace and security.
Article 107
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By resolution of the UN General Assembly of September 16, 2005 N 60/1 in this article excluded references to "enemy states".
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This Charter shall in no way invalidate actions taken or authorized as a result of the Second World War. responsible for such actions by governments, in relation to any state which, during the Second World War, was an enemy of any of the states signatory to this Charter, and also does not interfere with such actions.
Chapter XVIII. Amendments
Article 108
Amendments to this Charter shall enter into force for all Members of the Organization after they have been adopted by a two-thirds vote of the members of the General Assembly and ratified, in accordance with their constitutional procedure, by two-thirds of the Members of the Organization, including all permanent members of the Security Council.
Article 109
1. For the purpose of revising this Charter, a General Conference of the Members of the United Nations may be convened at a time and place to be determined by a two-thirds vote of the members of the General Assembly and the votes of any nine members of the Security Council. Each Member of the Organization will have one vote at the Conference.
2. Any amendment to this Charter recommended by a two-thirds vote of the Conference will enter into force upon ratification, in accordance with their constitutional procedure, by two-thirds of the Members of the Organization, including all permanent members of the Security Council.
3. If such Conference does not take place before the tenth annual session of the General Assembly, counting from the entry into force of this Charter, a proposal to convene such Conference shall be included in the agenda of that session of the General Assembly, and the Conference shall be convened if so decided by a simple majority of the members of the General Assembly and by the votes of any seven members of the Security Council.
Chapter XIX. Ratification and signature
RATIFICATION AND SIGNATURE
Article 110
1. This Charter is subject to ratification by the signatory states in accordance with their constitutional procedure.
2. Instruments of ratification shall be deposited with the Government of the United States of America, which shall give notice of the deposit of each instrument to all signatories to the Charter, as well as to the Secretary General of the Organization when appointed.
3. This Charter will enter into force upon the deposit of instruments of ratification 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 a majority of other signatories to the Charter. After this, the Government of the United States of America will draw up a protocol on the deposit of the instruments of ratification, copies of which will be sent to all signatory states.
4. The signatories to this Charter which ratify it after it has come into force shall become original Members of the United Nations on the date of the deposit of their respective instruments of ratification.
Article 111
This Charter, the Chinese, French, Russian, English and Spanish texts of which are equally authentic, shall be kept on file with the Government of the United States of America. This Government shall transmit copies of the Charter, duly certified, to the Governments of all other signatory States.
IN WITNESS WHEREOF, the representatives of the Governments of the United Nations have signed this Charter.
DONE in the city of San Francisco, the twenty-sixth day of June, one thousand nine hundred and forty-five.
Statute of the International Court of Justice
Article 1
The 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 operate in accordance with the following provisions of this Statute.
Chapter I. Organization of the court
Article 2
The court consists of a panel of independent judges, elected, regardless of their citizenship, from among senior officials moral qualities who meet the requirements in their countries for appointment to senior judicial positions, or who are jurists of recognized authority in the field of international law.
Article 3
1. The court consists of fifteen members, and it cannot include two citizens of the same state.
2. A person who may be considered, for the purposes of the composition of the Court, as a national of more than one State, is considered to be a national of the State in which he habitually enjoys his civil and political rights.
Article 4
1. The members of the Court are elected by the General Assembly and the Security Council from among the persons listed on the proposal of national groups of the Permanent Court of Arbitration, in accordance with the following provisions.
2. As regards Members of the United Nations not represented on the Permanent Court of Arbitration, candidates shall be nominated by national groups appointed for this purpose by their governments, subject to the conditions established for Members of the Permanent Court of Arbitration by Article 44 of the 1907 Hague Convention for the Peaceful Settlement of International collisions
3. The conditions under which a State party to this Statute, but not a member of the United Nations, may participate in the election of members of the Court shall, in the absence of special agreement, be determined by the General Assembly on the recommendation of the Security Council.
Article 5
1. Not later than three months before the day of elections, the Secretary-General of the United Nations shall address in writing the members of the Permanent Court of Arbitration belonging to States Parties to this Statute and the members of the national groups appointed pursuant to Article 4, paragraph 2, that each national group indicate, within a specified period, candidates who can assume the duties of members of the Court.
2. No group may nominate more than four candidates, and no more than two candidates may be citizens of the state represented by the group. The number of candidates nominated by a group may in no case exceed more than twice the number of places to be filled.
Article 6
It is recommended that each group, prior to making nominations, seek the opinion of the highest judicial authorities, law faculties, law schools and academies of its country, and national branches international academies involved in the study of law.
Article 7
1. The Secretary General draws up alphabetical order a list of all persons whose candidacies were put forward. Except as provided in paragraph 2 of Article 12, only persons included in this list may be elected.
2. The Secretary General shall submit this list to the General Assembly and the Security Council.
Article 8
The General Assembly and the Security Council proceed with the election of members of the Court independently of each other.
Article 9
When electing voters, they must bear in mind that not only must each individual elected be qualified, but the entire body of judges must ensure representation of the major forms of civilization and the major legal systems of the world.
Article 10
1. Candidates who receive an absolute majority of votes in both the General Assembly and the Security Council are considered elected.
2. Any vote in the Security Council, both in the election of judges and in the appointment of members of the conciliation commission provided for in Article 12, shall be made without any distinction between permanent and non-permanent members of the Security Council.
3. In the event that an absolute majority of votes were cast both in the General Assembly and in the Security Council for more than one citizen of the same state, only the oldest in age is considered elected.
Article 11
If, after the first meeting convened for elections, one or more seats are left unfilled, a second and, if necessary, a third meeting will be held.
Article 12
1. If, after the third meeting, one or more seats remain unfilled, then at any time, at the request of either the General Assembly or the Security Council, a conciliation commission consisting of six members, three appointed by the General Assembly and three appointed by the Security Council, may be convened, to elect by an absolute majority of votes one person for each remaining vacant seat and submit his candidacy to the discretion of the General Assembly and the Security Council.
2. If the conciliation commission unanimously decides on the candidacy of a person who meets the requirements, his name may be included in the list, even if he was not included in the candidate lists provided for in Article 7.
3. If the conciliation commission is convinced that the elections cannot take place, then the members of the Court, already elected, shall, within a period determined by the Security Council, begin to fill out free seats by electing the members of the Court from among the candidates for whom votes were cast either in the General Assembly or in the Security Council.
Article 13
1. Members of the Court shall be elected for nine years and may be re-elected, provided, however, that the term of office of five judges of the first composition of the Court shall expire after three years, and the term of office of a further five judges shall expire after six years.
2. The Secretary General shall, immediately after the first election, determine by lot which of the judges shall be deemed elected for the initial terms of three years and six years indicated above.
3. Members of the Court continue to perform their duties until they are replaced; they are obliged to complete the work they have started.
4. If a member of the Court submits an application for resignation, this application is addressed to the President of the Court for transmission to the Secretary General. Upon receipt of the application by the latter, the position is considered vacant.
Article 14
Vacancies that arise shall be filled in the same manner as for the first elections, subject to the following rule: within one month after the opening of the vacancy, the Secretary-General shall proceed to issue the invitations provided for in Article 5, and the day of the election shall be determined by the Security Council.
Article 15
A member of the Court elected to replace a member whose term of office has not yet expired shall remain in office until the expiration of the term of office of his predecessor.
Article 16
1. Members of the Court may not perform any political or administrative duties and may not devote themselves to any other occupation of a professional nature.
2. Doubts on this issue are resolved by a ruling of the Court.
Article 17
1. No member of the Court may act as a representative, attorney or advocate in any matter.
2. No member of the court may participate in the determination of any case in which he has previously participated as a chairman, attorney or advocate for one of the parties, or as a member of a national or international court, a commission of inquiry or in any other capacity.
3. Doubts on this issue are resolved by a ruling of the Court.
Article 18
1. A member of the Court may not be removed from office unless, in the unanimous opinion of the other members, he no longer meets the requirements.
2. The Secretary General is officially notified of this by the Registrar of the Court.
3. Upon receipt of this notification, the place is considered vacant.
Article 19
Members of the Court, when performing their judicial duties, enjoy diplomatic privileges and immunities.
Article 20
Each member of the Court shall, before taking office, make a solemn declaration in open session of the Court that he will exercise his office impartially and in good faith.
Article 21
1. The Court elects a Chairman and a Vice-Chairman for three years. They can be re-elected.
2. The Court shall appoint its Registrar and may make arrangements for the appointment of such other officers as may be necessary.
Article 22
1. The seat of the Court is The Hague. This shall not, however, prevent the Court from sitting and performing its functions in other places in all cases where the Court finds it desirable.
2. The Chairman and the Secretary of the Court must reside at the seat of the Court.
Article 23
1. The Court sits continuously with the exception of judicial vacations, the terms and duration of which are established by the Court.
2. Members of the Court are entitled to periodic leave, the time and duration of which shall be determined by the Court, taking into account the distance from The Hague to the permanent residence of each judge in his home country.
3. Members of the Court are required to be at the disposal of the Court at all times, with the exception of time on vacation and absence due to illness or other serious reasons duly explained to the Chairman.
Article 24
1. If, for any special reason, a member of the Court considers that he should not participate in the determination of a particular case, he shall inform the President accordingly.
2. If the Chairman finds that any member of the court should not, for any special reason, participate in a hearing on a particular case, he warns him about this.
3. If a disagreement arises between a member of the Court and the Chairman, it is resolved by a ruling of the Court.
Article 25
1. Except in cases specifically provided for in this Statute, the Court shall sit as a whole.
2. Provided that the number of judges available to constitute the Court is not less than eleven, the Rules of the Court may provide that one or more judges may, depending on the circumstances, be relieved in rotation from sitting.
3. A quorum of nine judges is sufficient to constitute a judicial presence.
Article 26
1. The Court may, as necessary, establish one or more chambers, composed of three or more judges, at the discretion of the Court, to hear certain categories of cases, such as labor cases and cases relating to transit and communications.
2. The court may at any time create a chamber to hear a particular case. The number of judges forming such a chamber shall be determined by the Court with the approval of the parties.
3. Cases shall be heard and decided by the chambers provided for in this article if the parties so request.
Article 27
A decision rendered by one of the Chambers provided for in Articles 26 and 29 shall be deemed to have been rendered by the Court itself.
Article 28
The Chambers provided for in Articles 26 and 29 may, with the consent of the parties, sit and exercise their functions in places other than The Hague.
Article 29
In order to speed up the resolution of cases, the Court annually forms a chamber of five judges, which, at the request of the parties, can consider and resolve cases through summary proceedings. To replace judges who recognize that it is impossible for them to take part in meetings, two additional judges are allocated.
Article 30
1. The court draws up Rules of Procedure that determine the manner in which it performs its functions. The court, in particular, establishes the rules of legal proceedings.
2. The Rules of the Court may provide for the participation in the sittings of the Court or its chambers of assessors without the right of a casting vote.
Article 31
1. Judges belonging to the citizenship of each of the parties retain the right to participate in hearings on the case being carried out in the Court.
2. If a judge of one country is present in the judicial presence, any other party may elect a person of his choice to participate in the presence as a judge. This person shall be elected predominantly from among those persons who have been nominated as candidates in the manner provided for in Articles 4 and 5.
3. If there is not a single judge in the judicial presence who is the nationality of the parties, then each of these parties may elect a judge in the manner provided for in paragraph 2 of this article.
4. The provisions of this article apply to the cases provided for in Articles 26 and 29. In such cases, the President requests one or, if necessary, two members of the Court from the Chamber to give way to members of the Court who are the nationalities of the parties concerned, or, in the absence those or, if it is impossible to attend, to judges specially selected by the parties.
5. If several parties have general question, then they, so far as the application of previous provisions is concerned, are considered as one party. In case of doubt on this issue, they are resolved by a ruling of the Court.
6. Judges elected as provided in paragraphs 2, 3 and 4 of this article must satisfy the conditions required by article 2 and paragraph 2 of article 17 and articles 20 and 24 of this Statute. They participate in decision making equal rights with their colleagues.
Article 32
1. Members of the Court receive an annual salary.
2. The Chairman receives a special annual increase.
3. The Vice-Chairman shall receive a special allowance for each day on which he acts as Chairman.
4. Judges elected in accordance with Article 31 who are not members of the Court shall receive remuneration for each day they perform their functions.
5. These salaries, allowances and remuneration shall be determined by the General Assembly. They cannot be reduced during their service life.
6. The salary of the Registrar of the Court is established by the General Assembly on the proposal of the Court.
7. The rules established by the General Assembly shall determine the conditions under which pensions are granted to the members of the Court and the Registrar of the Court upon retirement, as well as the conditions under which the members and the Registrar of the Court shall receive reimbursement for their travel expenses.
8. The above salaries, allowances and remuneration are exempt from any taxation.
Article 33
The United Nations shall bear the expenses of the Court in the manner determined by the General Assembly.
Chapter II. Competence of the court
Article 34
1. Only states may be parties to cases before the Court.
2. Subject to the terms of and in accordance with its Rules, the Court may request from public international organizations information relating to cases before it, and also receives similar information, presented by these organizations on their own initiative.
3. When a case before the Court is required to give an interpretation constituent document any public international organization or an international convention concluded by virtue of such an instrument, the Registrar of the Court shall notify the public international organization concerned and transmit to it copies of all written proceedings.
Article 35
1. The Court is open to states that are parties to this Statute.
2. The conditions under which the Court is open to other States shall be determined by the Security Council, subject to the special provisions contained in existing treaties; These conditions can in no case put the parties in an unequal position before the Court.
3. When a State which is not a Member of the United Nations is a party to the case, the Court shall determine the amount which such party must contribute towards the costs of the Court. This regulation does not apply if the State concerned is already contributing to the costs of the Court.
Article 36
1. The jurisdiction of the Court includes all cases submitted to it by the parties and all matters specifically provided for by the Charter of the United Nations or treaties and conventions in force.
2. States Parties to this Statute may at any time declare that they recognize, without special agreement, ipso facto, in relation to any other State accepting the same obligation, the jurisdiction of the Court as compulsory in all legal disputes concerning:
a) interpretation of the treaty;
b) any question of international law;
c) the existence of a fact which, if established, would constitute a violation international obligation;
d) the nature and extent of compensation due for the breach of the international obligation.
3. The above statements may be unconditional, or on conditions of reciprocity on the part of certain states, or for a certain time.
4. Such declarations shall be deposited with the Secretary General, who shall transmit copies thereof to the parties to this Statute and to the Registrar of the Court.
5. Declarations made under Article 36 of the Statute of the Permanent Court of International Justice which continue to be in force shall be deemed, as between the parties to the present Statute, to be their acceptance of the jurisdiction of the International Court of Justice binding upon them for the unexpired term of those declarations and in accordance with the conditions in them stated.
6. In the event of a dispute about the jurisdiction of the case by the Court, the issue is resolved by a ruling of the Court.
Article 37
In all cases where a treaty or convention in force provides for the referral of a case to a Court to be established by the League of Nations or to the Permanent Court of International Justice, the case between the parties to this Statute shall be referred to the International Court of Justice.
Article 38
1. The court, which is obliged to resolve disputes submitted to it on the basis of international law, applies:
A) international conventions, both general and special, establishing rules specifically recognized by the disputing states;
b) international custom as evidence of a general practice recognized as legal norm;
c) the general principles of law recognized by civilized nations;
d) subject to the reservation specified in Article 59, the judgments and doctrines of the best qualified experts in the public law of the various nations as aid to determine legal norms.
2. This ruling does not limit the power of the Court to decide a case ex aequo et bono if the parties so agree.
Chapter III. Legal proceedings
Article 39
1. Official languages The ships are French and English. If the parties agree to conduct the case on French, the decision is made in French. If the parties agree to conduct the case in English, then the decision is made in English.
2. In the absence of agreement as to which language will be used, each party may use the language it prefers in the court settlement; the decision of the Court is delivered in French or English languages. In this case, the Court simultaneously determines which of the two texts is considered authentic.
3. The court is obliged, at the request of any party, to grant it the right to use a language other than French and English.
Article 40
1. Cases are initiated in the Court, depending on the circumstances, either by notification of a special agreement, or by a written application addressed to the Secretary. In both Cases the subject of the dispute and the parties must be indicated.
2. The secretary immediately communicates the application to all interested parties.
3. He shall also notify the Members of the United Nations, through the Secretary-General, as well as other States having the right of access to the Court.
Article 41
1. The court has the right to indicate, if, in its opinion, the circumstances so require, any provisional measures that should be taken to ensure the rights of each of the parties.
2. Pending the finalization of the decision, notice of the proposed measures shall be immediately brought to the attention of the parties and the Security Council.
Article 42
1. The parties act through representatives.
2. They may be assisted by attorneys or advocates in the Court.
3. Representatives, attorneys and lawyers representing the parties before the Court shall enjoy the privileges and immunities necessary for them to independently perform their duties.
Article 43
1. Legal proceedings consist of two parts: written and oral proceedings.
2. Written legal proceedings consist of communicating to the Court and the parties memoranda, counter-memoranda and, if necessary, responses to them, as well as all papers and documents supporting them.
3. These communications shall be made through the Registrar, in the manner and within the time limits established by the Court.
4. Any document presented by one of the parties must be communicated to the other in a certified copy.
5. Oral proceedings consist of hearing by the Court of witnesses, experts, representatives of attorneys and advocates.
Article 44
1. For the service of all notices to persons other than representatives of attorneys and advocates, the Court shall apply directly to the government of the state in whose territory the notice is to be served.
2. The same rule applies in cases where it is necessary to take measures to obtain evidence on the spot.
Article 45
The hearing of the case is conducted under the direction of the Chairman or, if he is unable to preside, the Vice-Chairman; If neither one nor the other can preside, the eldest of the judges present presides.
Article 46
The hearing of a case in the Court is held in public, unless otherwise decided by the Court or unless the parties request that the public be excluded.
Article 47
1. Everyone court hearing A protocol is kept, signed by the Secretary and the Chairman.
2. Only this protocol is authentic.
Article 48
The court orders the direction of the case, determines the forms and time limits within which each party must finally present its arguments, and takes all measures related to the collection of evidence.
Article 49
The court may, even before the hearing of the case, require representatives to present any document or explanation. In case of refusal, a report is drawn up.
Article 50
The court may at any time entrust the conduct of an investigation or examination to any person, board, bureau, commission or other organization of its choice.
Article 51
At the hearing of the case, all relevant questions shall be put to witnesses and experts, subject to the conditions determined by the Court in the Rules referred to in Article 30.
Article 52
Having received evidence within the prescribed time limits, the Court may refuse to accept any further oral or written evidence that either party may wish to present without the consent of the other.
Article 53
1. If one of the parties does not appear in the Court or does not present its arguments, the other party may ask the Court to resolve the case in its favor.
2. The court is obliged, before granting this petition, to ascertain not only whether it has jurisdiction over the case, in accordance with Articles 36 and 37, but also whether this claim has sufficient factual and legal justification.
Article 54
1. When the representatives, advocates and attorneys have completed their explanations of the case under the direction of the Court, the President shall declare the hearing closed.
2. The court retires to discuss decisions.
3. Meetings of the Court take place in closed session and are kept secret,
Article 58
The decision is signed by the Chairman and the Secretary of the Court. It is announced in an open session of the Court after due notification of the representatives of the parties.
Article 59
The Court's decision is binding only on the parties involved in the case and only on this case.
Article 60
The decision is final and not subject to appeal. In the event of a dispute about the meaning or scope of a decision, its interpretation lies with the Court at the request of any party.
Article 61
1. A request for review of a decision may be made only on the basis of newly discovered circumstances, which by their nature may have a decisive influence on the outcome of the case and which, when the decision was made, were not known either to the Court or to the party requesting review, subject to the indispensable condition that that such ignorance was not due to negligence.
2. Revision proceedings are opened by a ruling of the Court, which definitely establishes the existence of a new circumstance with the recognition of the latter’s nature giving grounds for reconsideration of the case, and announces the acceptance, therefore, of the request for reconsideration.
3. The court may require that the conditions of the decision be fulfilled before it opens review proceedings.
4. The request for review must be made before the expiration of six months after the discovery of new circumstances.
5. No request for review may be made after the expiration of ten years from the date of the decision.
Article 62
1. If any State considers that the decision of the case may affect any of its interests legal nature, then that State may apply to the Court for permission to intervene in the case.
2. The decision on such a request lies with the Court.
Article 63
1. If a question arises regarding the interpretation of a convention in which, in addition to the parties interested in the case, other states are also participating, the Registrar of the Court shall immediately notify all such states.
2. Each of the States receiving such notice has the right to intervene in the case, and, if it exercises this right, the interpretation contained in the decision is equally binding on it.
Article 64
Unless otherwise determined by the Court, each party shall bear its own legal costs.
Chapter IV. Advisory Opinions
ADVISORY OPINIONS
Article 65
1. The Court may give advisory opinions on any legal question upon the request of any agency authorized to make such requests by or under the Charter of the United Nations.
2. Matters on which an advisory opinion of the Court is sought shall be submitted to the Court in a written statement containing a precise statement of the matter on which the opinion is sought; All documents that may serve to clarify the issue are attached to it.
Article 66
1. The Registrar of the Court shall immediately communicate the application containing the request for an advisory opinion to all States entitled to access to the Court.
2. In addition, the Registrar of the Court shall, by special and direct notice, inform any State having access to the Court, as well as any international organization which, in the opinion of the Court (or its President, if the Court is not sitting), can provide information on the matter that The Court is prepared to accept, within a time limit set by the President, written reports relating to the issue or to hear the same oral reports at a public meeting appointed for this purpose.
3. If such State having the right of access to the Court does not receive the special notification referred to in paragraph 2 of this article, it may wish to submit a written report or to be heard; The court makes a decision on this issue.
4. States and organizations which have submitted written or oral reports, or both, shall be admitted to the discussion of reports made by other States or organizations, in the forms, limits and periods established in each individual case by the Court or, if it is not sitting , Chairman of the Court. For this purpose, the Registrar of the Court shall communicate in due course all such written reports to the States and organizations which themselves have submitted such reports.
Article 67
The Court renders its advisory opinions in open session, of which the Secretary General and representatives of the Members of the United Nations directly concerned, other states and international organizations are notified.
Article 68
In carrying out its advisory functions, the Court, in addition to the above, shall be guided by the provisions of this Statute relating to controversial cases, to the extent that the Court recognizes them as applicable.
Chapter V. Amendments
Article 69
Amendments to this Statute shall be made in the same manner as are provided for in the Charter of the United Nations for amendments to that Charter, subject, however, to all rules which may be established by the General Assembly on the recommendation of the Security Council concerning the participation of States not Members of the United Nations but which are parties to the Statute.
Article 70
The Court shall have the power to propose amendments to this Statute as it deems necessary, communicating them in writing to the Secretary-General for further consideration in accordance with the rules laid down in Article 69.
The translation is official.
Amendment to Article 109 of the Charter of the United Nations
(Adopted by the XX session of the General Assembly
United Nations 20 December 1965)
General Assembly,
Whereas an amendment has been made to the Charter of the United Nations by which the composition of the Security Council as provided for in Article 23 is to be increased from eleven to fifteen members and that decisions of the Security Council shall be deemed adopted as provided in Article 27 when submitted for them the votes of nine rather than seven members of the Council,
Whereas these amendments necessitate amendments to Article 109 of the Charter,
1. Decides, in accordance with Article 108 of the Charter of the United Nations, to adopt the following amendment to the Charter and to submit it for ratification by the Member States of the United Nations:
“In the first sentence of paragraph 1 of Article 109, replace the word “seven” with the word “nine””,
2. Calls upon all Member States of the Organization to ratify the above amendment as soon as possible in accordance with their constitutional procedure.
The instrument of ratification of the USSR was deposited with the Secretary General of the United Nations on September 22, 1966.
The amendment took effect on June 12, 1968.
Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"
The 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 operate in accordance with the following provisions of this Statute.
CHAPTER I: Organization of the Court
The Court is composed of a panel of independent judges, selected, regardless of their nationality, from among persons of high moral character who satisfy the qualifications required in their countries for appointment to senior judicial office or who are jurists of recognized authority in the field of international law.
1. The court consists of fifteen members, and it cannot include two citizens of the same state.
2. A person who may be considered, for the purposes of the composition of the Court, as a national of more than one State, is considered to be a national of the State in which he habitually enjoys his civil and political rights.
1. The members of the Court are elected by the General Assembly and the Security Council from among the persons listed on the proposal of national groups of the Permanent Court of Arbitration, in accordance with the following provisions.
2. With regard to Members of the United Nations not represented on the Permanent Court of Arbitration, candidates shall be nominated by national groups appointed for this purpose by their governments, subject to the conditions established for members of the Permanent Court of Arbitration by Article 44 of the 1907 Hague Convention for the Peaceful Settlement of International collisions.
3. The conditions under which a State party to this Statute, but not a member of the United Nations, may participate in the election of members of the Court shall, in the absence of special agreement, be determined by the General Assembly on the recommendation of the Security Council.
1. Not later than three months before the day of elections, the Secretary-General of the United Nations shall address a written proposal to the members of the Permanent Court of Arbitration belonging to States Parties to this Statute and to the members of the national groups appointed pursuant to Article 4, paragraph 2 that each national group indicate, within a specified period, candidates who can assume the duties of members of the Court.
2. No group may nominate more than four candidates, and no more than two candidates may be citizens of the state represented by the group. The number of candidates nominated by a group may in no case exceed more than twice the number of places to be filled.
It is recommended that each group, prior to making nominations, seek the opinion of the highest judicial bodies, law faculties, law schools and academies of its country, as well as the national branches of international academies engaged in the study of law.
1. The Secretary General shall prepare, in alphabetical order, a list of all persons whose candidacies have been nominated. Except as provided in paragraph 2 of Article 12, only persons included in this list may be elected.
2. The Secretary General shall submit this list to the General Assembly and the Security Council.
The General Assembly and the Security Council proceed with the election of members of the Court independently of each other.
When electing voters, they must bear in mind that not only must each individual elected satisfy all the requirements, but the entire body of judges must ensure representation of the major forms of civilization and the major legal systems of the world.
1. Candidates who receive an absolute majority of votes in both the General Assembly and the Security Council are considered elected.
2. Any vote in the Security Council, both in the election of judges and in the appointment of members of the conciliation commission provided for in Article 12, shall be made without any distinction between permanent and non-permanent members of the Security Council.
3. In the event that an absolute majority of votes were cast both in the General Assembly and in the Security Council for more than one citizen of the same state, only the oldest in age is considered elected.
If, after the first meeting convened for elections, one or more seats are left unfilled, a second and, if necessary, a third meeting will be held.
1. If, after the third meeting, one or more seats are left unfilled, then at any time, at the request of either the General Assembly or the Security Council, a conciliation commission consisting of six members, three appointed by the General Assembly and three appointed by the Security Council, may be convened, to elect by an absolute majority of votes one person for each remaining vacant seat and submit his candidacy to the discretion of the General Assembly and the Security Council.
2. If the conciliation commission unanimously decides on the candidacy of a person who meets the requirements, his name may be included in the list, even if he was not included in the candidate lists provided for in Article 7.
3. If the conciliation commission is convinced that elections cannot take place, then the members of the Court already elected shall, within a period determined by the Security Council, proceed to fill the vacant seats by electing members of the Court from among the candidates for whom votes have been cast either in the General Assembly, or in the Security Council.
1. Members of the Court shall be elected for nine years and may be re-elected, provided, however, that the term of office of five judges of the first composition of the Court shall expire after three years, and the term of office of a further five judges shall expire after six years.
2. The Secretary General shall, immediately after the first election, determine by lot which of the judges shall be deemed elected for the initial terms of three years and six years indicated above.
3. Members of the Court shall continue to perform their duties until their seats are filled. Even after replacement, they are obliged to finish the work they started.
4. If a member of the Court submits an application for resignation, this application is addressed to the President of the Court for transmission to the Secretary General. Upon receipt of the application by the latter, the position is considered vacant.
Vacancies that arise shall be filled in the same manner as for the first elections, subject to the following rule: within one month after the opening of the vacancy, the Secretary-General shall proceed to issue the invitations provided for in Article 5, and the day of the election shall be determined by the Security Council.
A member of the Court elected to replace a member whose term of office has not yet expired shall remain in office until the expiration of the term of office of his predecessor.
1. Members of the Court may not perform any political or administrative duties and may not devote themselves to any other occupation of a professional nature.
2. Doubts on this issue are resolved by a ruling of the Court.
1. No member of the Court may act as a representative, attorney or advocate in any matter.
2. No member of the Court may participate in the determination of any case in which he has previously participated as a representative, attorney or advocate for one of the parties, or as a member of a national or international court, a commission of inquiry or in any other capacity.
3. Doubts on this issue are resolved by a ruling of the Court.
1. A member of the Court may not be removed from office unless, in the unanimous opinion of the other members, he no longer meets the requirements.
2. The Secretary General is officially notified of this by the Registrar of the Court.
3. Upon receipt of this notification, the place is considered vacant.
Members of the Court, when performing their judicial duties, enjoy diplomatic privileges and immunities.
Each member of the Court shall, before taking office, make a solemn declaration in open session of the Court that he will exercise his office impartially and in good faith.
1. The Court elects a Chairman and a Vice-Chairman for three years. They can be re-elected.
2. The Court shall appoint its Registrar and may make arrangements for the appointment of such other officers as may be necessary.
1. The seat of the Court is The Hague. This shall not, however, prevent the Court from sitting and performing its functions in other places in all cases where the Court finds it desirable.
2. The Chairman and the Secretary of the Court must reside at the seat of the Court.
1. The Court sits continuously, with the exception of judicial vacations, the terms and duration of which are established by the Court.
2. Members of the Court are entitled to periodic leave, the time and duration of which shall be determined by the Court, taking into account the distance from The Hague to the permanent residence of each judge in his home country.
3. Members of the Court are required to be at the disposal of the Court at all times, with the exception of time on vacation and absence due to illness or other serious reasons duly explained to the Chairman.
1. If, for any special reason, a member of the Court considers that he should not participate in the determination of a particular case, he shall inform the President accordingly.
2. If the President finds that any member of the Court should not, for any special reason, participate in a hearing in a particular case, he warns him accordingly.
3. If a disagreement arises between a member of the Court and the Chairman, it is resolved by a ruling of the Court.
1. Except in cases specifically provided for in this Statute, the Court shall sit as a whole.
2. Provided that the number of judges available for the constitution of the Court is not less than eleven, the Rules of the Court may provide that one or more judges may, depending on the circumstances, be relieved in rotation from sitting.
3. A quorum of nine judges is sufficient to constitute a judicial presence.
1. The Court may, as necessary, establish one or more chambers, composed of three or more judges, at the discretion of the Court, to hear certain categories of cases, for example, labor cases and cases relating to transit and communications.
2. The court may at any time create a chamber to hear a separate case. The number of judges forming such a chamber shall be determined by the Court with the approval of the parties.
3. Cases shall be heard and decided by the chambers provided for in this article if the parties so request.
A decision rendered by one of the Chambers provided for in Articles 26 and 29 shall be deemed to have been rendered by the Court itself.
The Chambers provided for in Articles 26 and 29 may, with the consent of the parties, sit and exercise their functions in places other than The Hague.
In order to expedite the resolution of cases, the Court annually forms a chamber of five judges, which, at the request of the parties, can consider and resolve cases through summary proceedings. To replace judges who recognize that it is impossible for them to take part in meetings, two additional judges are allocated.
1. The court draws up Rules of Procedure that determine the manner in which it performs its functions. The court, in particular, establishes the rules of legal proceedings.
2. The Rules of the Court may provide for the participation in the sittings of the Court or its chambers of assessors without the right of a casting vote.
1. Judges belonging to the citizenship of each of the parties retain the right to participate in hearings on the case being carried out in the Court.
2. If a judge of the nationality of one party is present in the judicial presence, any other party may elect a person of his choice to participate in the presence as a judge. This person shall be elected predominantly from among those persons who have been nominated as candidates in the manner provided for in Articles 4 and 5.
3. If there is not a single judge in the judicial presence who is the nationality of the parties, then each of these parties may elect a judge in the manner provided for in paragraph 2 of this article.
4. The provisions of this article apply to the cases provided for in Articles 26 and 29. In such cases, the President requests one or, if necessary, two members of the Court from the Chamber to give way to members of the Court who are the nationalities of the parties concerned, or, in the absence those or, if it is impossible to attend, to judges specially selected by the parties.
5. If several parties have a common interest, they are considered as one party, so far as the application of previous provisions is concerned. In case of doubt on this issue, they are resolved by a ruling of the Court.
6. Judges elected as provided in paragraphs 2, 3 and 4 of this article must satisfy the conditions required by article 2 and paragraph 2 of article 17 and articles 20 and 24 of this Statute. They participate in decision-making on equal terms with their colleagues.
1. Members of the Court receive an annual salary.
2. The Chairman receives a special annual increase.
3. The Vice-Chairman shall receive a special allowance for each day on which he acts as Chairman.
4. Judges elected in accordance with Article 31 who are not members of the Court shall receive remuneration for each day they perform their functions.
5. These salaries, allowances and remuneration shall be determined by the General Assembly. They cannot be reduced during their service life.
6. The salary of the Registrar of the Court is established by the General Assembly on the proposal of the Court.
7. Rules established by the General Assembly shall determine the conditions under which retirement pensions shall be granted to members of the Court and the Registrar of the Court, as well as the conditions under which members and the Registrar shall receive reimbursement for their travel expenses.
8. The above salaries, allowances and remuneration are exempt from any taxation.
The United Nations shall bear the expenses of the Court in the manner determined by the General Assembly.
CHAPTER II: Competence of the Court
1. Only states may be parties to cases before the Court.
2. Subject to the terms of and in accordance with its Rules, the Court may request from public international organizations information relating to cases before it, and shall also receive such information provided by said organizations on their own initiative.
3. Whenever in a case before the Court it is necessary for it to interpret the constituent instrument of a public international organization or an international convention concluded by virtue of such an instrument, the Registrar of the Court shall notify the public international organization in question and transmit to it copies of all written proceedings.
1. The Court is open to states that are parties to this Statute.
2. The conditions under which the Court is open to other States shall be determined by the Security Council, subject to the special provisions contained in existing treaties; These conditions can in no case put the parties in an unequal position before the Court.
3. When a State which is not a Member of the United Nations is a party to the case, the Court shall determine the amount which such party must contribute towards the costs of the Court. This regulation does not apply if the State concerned is already contributing to the costs of the Court.
1. The jurisdiction of the Court includes all cases submitted to it by the parties and all matters specifically provided for by the Charter of the United Nations or treaties and conventions in force.
2. States Parties to this Statute may at any time declare that they recognize, without special agreement, ipso facto, in relation to any other State accepting the same obligation, the jurisdiction of the Court as compulsory in all legal disputes concerning:
a) interpretation of the treaty;
b) any question of international law;
c) the existence of a fact which, if established, would constitute a breach of an international obligation;
d) the nature and extent of compensation due for the breach of the international obligation.
3. The above statements may be unconditional, or on conditions of reciprocity on the part of certain states, or for a certain time.
4. Such declarations shall be deposited with the Secretary General, who shall transmit copies thereof to the parties to this Statute and to the Registrar of the Court.
5. Declarations made under Article 36 of the Statute of the Permanent Court of International Justice which continue to be in force shall be deemed, as between the parties to the present Statute, to be their acceptance of the jurisdiction of the International Court of Justice binding upon them for the unexpired term of those declarations and in accordance with the conditions in them stated.
6. In the event of a dispute about the jurisdiction of the case by the Court, the issue is resolved by a ruling of the Court.
In all cases where a treaty or convention in force provides for the referral of a case to a Court to be established by the League of Nations or to the Permanent Court of International Justice, the case between the parties to this Statute shall be referred to the International Court of Justice.
1. The court, which is obliged to resolve disputes submitted to it on the basis of international law, applies:
a) international conventions, both general and special, establishing rules expressly recognized by the disputing states;
b) international custom as evidence of a general practice accepted as law;
c) the general principles of law recognized by civilized nations;
d) subject to the reservation specified in Article 59, the judgments and doctrines of the best qualified experts in the public law of the various nations as an aid to the determination of rules of law.
2. This ruling does not limit the power of the Court to decide a case ex aequo et bono if the parties so agree.
CHAPTER III: Legal proceedings
1. The official languages of the Court are French and English. If the parties agree to conduct the case in French, then the decision is made in French. If the parties agree to conduct the case in English, then the decision is made in English.
2. In the absence of agreement as to which language will be used, each party may use the language it prefers in the court settlement; The decision of the Court is delivered in French or English. In this case, the Court simultaneously determines which of the two texts is considered authentic.
3. The court is obliged, at the request of any party, to grant it the right to use a language other than French and English.
1. Cases are initiated in the Court, depending on the circumstances, either by notification of a special agreement, or by a written application addressed to the Secretary. In both cases, the subject of the dispute and the parties must be indicated.
2. The secretary immediately communicates the application to all interested parties.
3. He shall also notify the Members of the United Nations, through the Secretary-General, as well as other States having the right of access to the Court.
1. The court has the right to indicate, if, in its opinion, the circumstances so require, any provisional measures that should be taken to ensure the rights of each of the parties.
2. Pending the finalization of the decision, notice of the proposed measures shall be immediately brought to the attention of the parties and the Security Council.
1. The parties act through representatives.
2. They may be assisted by attorneys or advocates in the Court.
3. Representatives, attorneys and lawyers representing the parties before the Court shall enjoy the privileges and immunities necessary for them to independently perform their duties.
1. Legal proceedings consist of two parts: written and oral proceedings.
2. Written legal proceedings consist of communicating to the Court and the parties memoranda, counter-memoranda and, if necessary, responses to them, as well as all papers and documents supporting them.
3. These communications shall be made through the Registrar, in the manner and within the time limits established by the Court.
4. Any document presented by one of the parties must be communicated to the other in a certified copy.
5. Oral proceedings consist of hearing by the Court of witnesses, experts, representatives, attorneys and advocates.
1. For the service of all notices to persons other than representatives, attorneys and lawyers, the Court shall apply directly to the government of the state in whose territory the notice is to be served.
2. The same rule applies in cases where it is necessary to take measures to obtain evidence on the spot.
The hearing of the case is conducted under the direction of the Chairman or, if he is unable to preside, the Vice-Chairman; If neither one nor the other is able to preside, the eldest judge present presides.
The hearing of a case in the Court is held in public, unless otherwise decided by the Court or unless the parties request that the public be excluded.
1. Minutes are kept of each court hearing, signed by the Secretary and the Chairman.
2. Only this protocol is authentic.
The court orders the direction of the case, determines the forms and time limits within which each party must finally present its arguments, and takes all measures related to the collection of evidence.
The court may, even before the hearing of the case, require representatives to present any document or explanation. In case of refusal, a report is drawn up.
The court may at any time entrust the conduct of an investigation or examination to any person, board, bureau, commission or other organization of its choice.
At the hearing of the case, all relevant questions shall be put to witnesses and experts, subject to the conditions determined by the Court in the Rules referred to in Article 30.
Having received evidence within the prescribed time limits, the Court may refuse to accept any further oral or written evidence that either party may wish to present without the consent of the other.
1. If one of the parties does not appear in the Court or does not present its arguments, the other party may ask the Court to resolve the case in its favor.
2. The court is obliged, before granting this petition, to ascertain not only whether it has jurisdiction over the case, in accordance with Articles 36 and 37, but also whether this claim has sufficient factual and legal justification.
1. When the representatives, advocates and attorneys have completed their explanations of the case under the direction of the Court, the President shall declare the hearing closed.
2. The court retires to discuss decisions.
3. Meetings of the Court take place in closed sessions and are kept secret.
1. The decision must state the considerations on which it is based.
2. The decision contains the names of the judges who participated in its adoption.
If the decision, in whole or in part, does not express the unanimous opinion of the judges, then each judge has the right to present his own dissenting opinion.
The decision is signed by the Chairman and the Secretary of the Court. It is announced in an open session of the Court after due notification of the representatives of the parties.
The Court's decision is binding only on the parties involved in the case and only on this case.
The decision is final and not subject to appeal. In the event of a dispute about the meaning or scope of a decision, its interpretation lies with the Court at the request of any party.
1. A request for review of a decision may be made only on the basis of newly discovered circumstances, which by their nature may have a decisive influence on the outcome of the case and which, when the decision was made, were not known either to the Court or to the party requesting review, subject to the indispensable condition that that such ignorance was not due to negligence.
2. Revision proceedings are opened by a ruling of the Court, which definitely establishes the existence of a new circumstance with the recognition of the latter’s nature giving grounds for reconsideration of the case, and announces the acceptance, therefore, of the request for reconsideration.
3. The court may require that the conditions of the decision be fulfilled before it opens review proceedings.
4. The request for review must be made before the expiration of six months after the discovery of new circumstances.
5. No request for review may be made after the expiration of ten years from the date of the decision.
1. If any State considers that the decision of a case may affect any of its interests of a legal nature, that State may apply to the Court for permission to intervene in the case.
2. The decision on such a request lies with the Court.
1. If a question arises regarding the interpretation of a convention in which, in addition to the parties interested in the case, other states are also participating, the Registrar of the Court shall immediately notify all such states.
2. Each of the States receiving such notice has the right to intervene in the case, and, if it exercises this right, the interpretation contained in the decision is equally binding on it.
Unless otherwise determined by the Court, each party shall bear its own legal costs.
CHAPTER IV: Advisory Opinions
1. The Court may give advisory opinions on any legal question upon the request of any agency authorized to make such requests by or under the Charter of the United Nations.
2. Matters on which an advisory opinion of the Court is sought shall be submitted to the Court in a written statement containing a precise statement of the matter on which the opinion is sought; All documents that may serve to clarify the issue are attached to it.
1. The Registrar of the Court shall immediately communicate the application containing the request for an advisory opinion to all States entitled to access to the Court.
2. In addition, the Registrar of the Court shall, by special and direct notice, inform any State having access to the Court, as well as any international organization which, in the opinion of the Court (or its President, if the Court is not sitting), can provide information on the matter that The Court is prepared to accept, within a time limit set by the President, written reports relating to the issue or to hear the same oral reports at a public meeting appointed for this purpose.
3. If such State having the right of access to the Court does not receive the special notification referred to in paragraph 2 of this article, it may wish to submit a written report or to be heard; The court makes a decision on this issue.
4. States and organizations which have submitted written or oral reports, or both, shall be admitted to the discussion of reports made by other States or organizations, in the forms, limits and periods established in each individual case by the Court or, if it is not sitting , Chairman of the Court. For this purpose, the Registrar of the Court shall communicate in due course all such written reports to the States and organizations which themselves have submitted such reports.
The Court renders its advisory opinions in open session, of which the Secretary-General and representatives of the directly concerned members of the United Nations, other states and international organizations are warned.
In carrying out its advisory functions, the Court, in addition to the above, shall be guided by the provisions of this Statute relating to controversial cases, to the extent that the Court recognizes them as applicable.
CHAPTER V: Amendments
Amendments to this Statute shall be made in the same manner as are provided for in the Charter of the United Nations for amendments to that Charter, subject, however, to all rules which may be established by the General Assembly on the recommendation of the Security Council concerning the participation of States not Members of the United Nations but which are parties to the Statute.
The Court shall have the power to propose amendments to this Statute as it deems necessary, communicating them in writing to the Secretary-General for further consideration in accordance with the rules laid down in Article 69.
1. Only states may be parties to cases before the Court.
2. Subject to the terms of and in accordance with its Rules, the Court may request from public international organizations information relating to cases before it, and shall also receive such information provided by said organizations on their own initiative.
3. When in a case before the Court it is necessary for it to interpret the constituent instrument of any public international organization or an international convention concluded by virtue of such instrument, the Registrar of the Court shall notify the public international organization in question and transmit to it copies of all written proceedings.
1. The Court is open to states that are parties to this Statute.
2. The conditions under which the Court is open to other States shall be determined by the Security Council, subject to the special provisions contained in existing treaties; These conditions can in no case put the parties in an unequal position before the Court.
3. When a State which is not a Member of the United Nations is a party to the case, the Court shall determine the amount which such party must contribute towards the costs of the Court. This regulation does not apply if the State concerned is already contributing to the costs of the Court.
1. The jurisdiction of the Court includes all cases submitted to it by the parties and all matters specifically provided for by the Charter of the United Nations or treaties and conventions in force.
2. States Parties to this Statute may at any time declare that they recognize, without special agreement, ipso facto, in relation to any other State accepting the same obligation, the jurisdiction of the Court as compulsory in all legal disputes concerning:
a) interpretation of the treaty;
b) any question of international law;
c) the existence of a fact which, if established, would constitute a breach of an international obligation;
d) the nature and extent of compensation due for the breach of the international obligation.
3. The above statements may be unconditional, or on conditions of reciprocity on the part of certain states, or for a certain time.
4. Such declarations shall be deposited with the Secretary General, who shall transmit copies thereof to the parties to this Statute and to the Registrar of the Court.
5. Declarations made under Article 36 of the Statute of the Permanent Court of International Justice which continue to be in force shall be deemed, as between the parties to the present Statute, to be their acceptance of the jurisdiction of the International Court of Justice binding upon them for the unexpired term of those declarations and in accordance with the conditions in them stated.
6. In the event of a dispute about the jurisdiction of the case by the Court, the issue is resolved by a ruling of the Court.
In all cases where a treaty or convention in force provides for the referral of a case to a Court to be established by the League of Nations or to the Permanent Court of International Justice, the case between the parties to this Statute shall be referred to the International Court of Justice.
1. The court, which is obliged to resolve disputes submitted to it on the basis of international law, applies:
a) international conventions, both general and special, establishing rules expressly recognized by the disputing states;
b) international custom as evidence of a general practice accepted as law;
c) the general principles of law recognized by civilized nations;
d) subject to the reservation specified in Article 59, the judgments and doctrines of the best qualified experts in the public law of the various nations as an aid to the determination of rules of law.
2. This ruling does not limit the power of the Court to decide a case ex aequo et bono if the parties so agree.
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Information » Modern destructive cults and totalitarian sects. Norms of Russian law in the field of regulation of religious relations » International and Russian law on freedom of conscience, personal freedom and freedom of religion
The Statute of the International Court of Justice (subparagraph “b” of paragraph 1 of Article 38) defined custom as evidence of “general (in the Russian text the term “general” is mistakenly used - I.L.) practice accepted as a legal norm.”
In modern international law there are two types of customary rules.
The first, traditional, is an unwritten rule established in practice, which is recognized as having legal force.
The second is a new type, which includes norms created not by long-term practice, but by the recognition as such of the rules contained in a particular act.
Norms of the second type are first formulated either in treaties or in such non-legal acts as resolutions of international meetings and organizations, and later they are recognized as norms of general international law. Legally, they exist as a custom, and the corresponding acts serve as evidence of their content. Thus, a resolution of the UN General Assembly can serve as evidence of the existence and content of customary norms of international law. Norms of the second type are quickly created and are capable of not only consolidating existing practice, but also shaping it, which is extremely important in our dynamic age.
To understand the process of formation of a custom, it is necessary to clarify two basic concepts - the concepts of practice and recognition of legal force (opinio juris). Practice means action or abstention from actions of subjects, their organs. We are talking about the practice in the process of which the norms of international law are formed. Diplomacy also knows another concept of practice, which refers to the rules established in the interaction of subjects that they prefer to follow, despite their lack of legal force. In doctrine, such practice, in contrast to custom, is called custom.
The practice must be sufficiently definite and uniform that a general rule can be derived from it. The International Court of Justice has indicated that a custom is contestable in cases of “great uncertainty and contradiction.” This is one of the reasons why, in order to establish a custom, everything higher value acquire such forms of practice in which the position of the subjects is expressed quite clearly (statements, notes, communiqués, resolutions of international bodies and organizations).
The practice should be reasonably consistent and should not deviate significantly from the norm. However, this requirement cannot be made absolute. The International Court of Justice "does not consider that, in order to establish a customary rule, the relevant practice must exactly coincide with the rule. It seems sufficient to the Court that the conduct of States generally follows these rules."
We can say that acts of international organizations gave the custom a second wind. With their help, customary norms are formed, fixed, interpreted, and implemented. Thanks to them, it was possible to overcome a number of traditional disadvantages of the custom. Now it began to be created quite quickly, in clearer forms, its contents became publicly available. Resolutions promote the establishment of custom in practice, adapt its content to new conditions, which strengthens the connection between custom and life.
The duration of practice has never been decisive for the recognition of a custom. Much depends on specific conditions. At drastic changes and the emergence of new problems requiring urgent solutions, the usual norm may develop as a result of a single precedent.
Article 4.
1. The members of the Court are elected by the General Assembly and the Security Council from among the persons listed on the proposal of national groups of the Permanent Court of Arbitration, in accordance with the following provisions.
2. With regard to Members of the United Nations not represented on the Permanent Court of Arbitration, candidates shall be nominated by national groups appointed for this purpose by their governments, subject to the conditions established for members of the Permanent Court of Arbitration by Article 44 of the 1907 Hague Convention for the Peaceful Settlement of International collisions.
3. The conditions under which a State party to this Statute, but not a member of the United Nations, may participate in the election of members of the Court shall, in the absence of special agreement, be determined by the General Assembly on the recommendation of the Security Council.
Article 5.
1. Not later than three months before the day of elections, the Secretary-General of the United Nations shall address a written proposal to the members of the Permanent Court of Arbitration belonging to States Parties to this Statute and to the members of the national groups appointed pursuant to Article 4, paragraph 2 that each national group indicate, within a specified period, candidates who can assume the duties of members of the Court.
2. No group may nominate more than four candidates, and no more than two candidates may be citizens of the state represented by the group. The number of candidates nominated by a group may in no case exceed more than twice the number of places to be filled.
Article 6.
It is recommended that each group, prior to making nominations, seek the opinion of the highest judicial bodies, law faculties, law schools and academies of its country, as well as the national branches of international academies engaged in the study of law.
Article 7.
1. The Secretary General shall prepare, in alphabetical order, a list of all persons whose candidacies have been nominated. Except as provided in paragraph 2 of Article 12, only persons included in this list may be elected.
2. The Secretary General shall submit this list to the General Assembly and the Security Council.
Article 8.
The General Assembly and the Security Council proceed with the election of members of the Court independently of each other.
Article 9.
When electing voters, they must bear in mind that not only must each individual elected satisfy all the requirements, but the entire body of judges must ensure representation of the major forms of civilization and the major legal systems of the world.
Article 10.
1. Candidates who receive an absolute majority of votes in both the General Assembly and the Security Council are considered elected.
2. Any vote in the Security Council, both in the election of judges and in the appointment of members of the conciliation commission provided for in Article 12, shall be made without any distinction between permanent and non-permanent members of the Security Council.
3. In the event that an absolute majority of votes were cast both in the General Assembly and in the Security Council for more than one citizen of the same state, only the oldest in age is considered elected.
Article 11.
If, after the first meeting convened for elections, one or more seats are left unfilled, a second and, if necessary, a third meeting will be held.
Article 12.
1. If, after the third meeting, one or more seats are left unfilled, then at any time, at the request of either the General Assembly or the Security Council, a conciliation commission consisting of six members, three appointed by the General Assembly and three appointed by the Security Council, may be convened, to elect by an absolute majority of votes one person for each remaining vacant seat and submit his candidacy to the discretion of the General Assembly and the Security Council.
2. If the conciliation commission unanimously decides on the candidacy of a person who meets the requirements, his name may be included in the list, even if he was not included in the candidate lists provided for in Article 7.
3. If the conciliation commission becomes convinced that elections cannot take place, then the members of the Court already elected shall, within a time determined by the Security Council, proceed to fill the vacant seats by electing members of the Court from among the candidates for whom votes were cast either in the General Assembly, or in the Security Council.
Article 13.
1. Members of the Court shall be elected for nine years and may be re-elected, provided, however, that the term of office of five judges of the first composition of the Court shall expire after three years, and the term of office of a further five judges shall expire after six years.
2. The Secretary General shall, immediately after the first election, determine by lot which of the judges shall be deemed elected for the initial terms of three years and six years indicated above.
3. Members of the Court shall continue to perform their duties until their seats are filled. Even after replacement, they are obliged to finish the work they started.
4. If a member of the Court submits an application for resignation, this application is addressed to the President of the Court for transmission to the Secretary General. Upon receipt of the application by the latter, the position is considered vacant.
Article 14.
Vacancies that arise shall be filled in the same manner as for the first elections, subject to the following rule: within one month after the opening of the vacancy, the Secretary-General shall proceed to issue the invitations provided for in Article 5, and the day of the election shall be determined by the Security Council.
Article 15.
A member of the Court elected to replace a member whose term of office has not yet expired shall remain in office until the expiration of the term of office of his predecessor.
Article 16.
1. Members of the Court may not perform any political or administrative duties and may not devote themselves to any other occupation of a professional nature.
2. Doubts on this issue are resolved by a ruling of the Court.
Article 17.
1. No member of the Court may act as a representative, attorney or advocate in any matter.
2. No member of the Court may participate in the determination of any case in which he has previously participated as a representative, attorney or advocate for one of the parties, or as a member of a national or international court, a commission of inquiry or in any other capacity.
3. Doubts on this issue are resolved by a ruling of the Court.
Article 18.
1. A member of the Court may not be removed from office unless, in the unanimous opinion of the other members, he no longer meets the requirements.
2. The Secretary General is officially notified of this by the Registrar of the Court.
3. Upon receipt of this notification, the place is considered vacant.
Article 19.
Members of the Court, when performing their judicial duties, enjoy diplomatic privileges and immunities.
Article 20.
Each member of the Court shall, before taking office, make a solemn declaration in open session of the Court that he will exercise his office impartially and in good faith.
Article 21.
1. The Court elects a Chairman and a Vice-Chairman for three years. They can be re-elected.
2. The Court shall appoint its Registrar and may make arrangements for the appointment of such other officers as may be necessary.
Article 22.
1. The seat of the Court is The Hague. This shall not, however, prevent the Court from sitting and performing its functions in other places in all cases where the Court finds it desirable.
2. The Chairman and the Secretary of the Court must reside at the seat of the Court.
Article 23.
1. The Court sits continuously with the exception of judicial vacations, the terms and duration of which are established by the Court.
2. Members of the Court are entitled to periodic leave, the time and duration of which shall be determined by the Court, taking into account the distance from The Hague to the permanent residence of each judge in his home country.
3. Members of the Court are required to be at the disposal of the Court at all times, with the exception of time on vacation and absence due to illness or other serious reasons duly explained to the Chairman.
Article 24.
1. If, for any special reason, a member of the Court considers that he should not participate in the determination of a particular case, he shall inform the President accordingly.
2. If the President finds that any member of the Court should not, for any special reason, participate in a hearing in a particular case, he warns him accordingly.
3. If a disagreement arises between a member of the Court and the Chairman, it is resolved by a ruling of the Court.
Article 25.
1. Except in cases specifically provided for in this Statute, the Court shall sit as a whole.
2. Provided that the number of judges available for the constitution of the Court is not less than eleven, the Rules of the Court may provide that one or more judges may, depending on the circumstances, be relieved in rotation from sitting.
3. A quorum of nine judges is sufficient to constitute a judicial presence.
Article 26.
1. The Court may, as necessary, establish one or more chambers, composed of three or more judges, at the discretion of the Court, to hear certain categories of cases, such as labor cases and cases relating to transit and communications.
2. The court may at any time create a chamber to hear a separate case. The number of judges forming such a chamber shall be determined by the Court with the approval of the parties.
3. Cases shall be heard and decided by the chambers provided for in this article if the parties so request.
Article 27.
A decision rendered by one of the Chambers provided for in Articles 26 and 29 shall be deemed to have been rendered by the Court itself.
Article 28.
The Chambers provided for in Articles 26 and 29 may, with the consent of the parties, sit and exercise their functions in places other than The Hague.
Article 29.
In order to expedite the resolution of cases, the Court annually forms a chamber of five judges, which, at the request of the parties, can consider and resolve cases through summary proceedings. To replace judges who recognize that it is impossible for them to take part in meetings, two additional judges are allocated.
Article 30.
1. The court draws up Rules of Procedure that determine the manner in which it performs its functions. The court, in particular, establishes the rules of legal proceedings.
2. The Rules of the Court may provide for the participation in the sittings of the Court or its chambers of assessors without the right of a casting vote.
Article 31.
1. Judges belonging to the citizenship of each of the parties retain the right to participate in hearings on the case being carried out in the Court.
2. If a judge of the nationality of one party is present in the judicial presence, any other party may elect a person of his choice to participate in the presence as a judge. This person shall be elected predominantly from among those persons who have been nominated as candidates in the manner provided for in Articles 4 and 5.
3. If there is not a single judge in the judicial presence who is the nationality of the parties, then each of these parties may elect a judge in the manner provided for in paragraph 2 of this article.
4. The provisions of this article apply to the cases provided for in Articles 26 and 29. In such cases, the President requests one or, if necessary, two members of the Court from the Chamber to give way to members of the Court who are the nationalities of the parties concerned, or, in the absence those or, if it is impossible to attend, to judges specially selected by the parties.
5. If several parties have a common issue, they are considered as one party, so far as the application of previous provisions is concerned. In case of doubt on this issue, they are resolved by a ruling of the Court.
6. Judges elected as provided in paragraphs 2, 3 and 4 of this article must satisfy the conditions required by article 2 and paragraph 2 of article 17 and articles 20 and 24 of this Statute. They participate in decision-making on equal terms with their colleagues.
Article 32.
1. Members of the Court receive an annual salary.
2. The Chairman receives a special annual increase.
3. The Vice-Chairman shall receive a special allowance for each day on which he acts as Chairman.
4. Judges elected in accordance with Article 31 who are not members of the Court shall receive remuneration for each day they perform their functions.
5. These salaries, allowances and remuneration shall be determined by the General Assembly. They cannot be reduced during their service life.
6. The salary of the Registrar of the Court is established by the General Assembly on the proposal of the Court.
7. Rules established by the General Assembly shall determine the conditions under which retirement pensions shall be granted to members of the Court and the Registrar of the Court, as well as the conditions under which members and the Registrar shall receive reimbursement for their travel expenses.
8. The above salaries, allowances and remuneration are exempt from any taxation.
Article 33.
The United Nations shall bear the expenses of the Court in the manner determined by the General Assembly.
Chapter II Competence of the court
Article 34.
1. Only states may be parties to cases before the Court.
2. Subject to the terms of and in accordance with its Rules, the Court may request from public international organizations information relating to cases before it, and shall also receive such information provided by said organizations on their own initiative.
3. Whenever in a case before the Court it is necessary for it to interpret the constituent instrument of a public international organization or an international convention concluded by virtue of such an instrument, the Registrar of the Court shall notify the public international organization in question and transmit to it copies of all written proceedings.
Article 35.
1. The Court is open to states that are parties to this Statute.
2. The conditions under which the Court is open to other States shall be determined by the Security Council, subject to the special provisions contained in existing treaties; These conditions can in no case put the parties in an unequal position before the Court.
3. When a State which is not a Member of the United Nations is a party to the case, the Court shall determine the amount which such party must contribute towards the costs of the Court. This regulation does not apply if the State concerned is already contributing to the costs of the Court.
Article 36.
1. The jurisdiction of the Court includes all cases submitted to it by the parties and all matters specifically provided for by the Charter of the United Nations or treaties and conventions in force.
2. States Parties to this Statute may at any time declare that they recognize, without special agreement, ipso facto, in relation to any other State accepting the same obligation, the jurisdiction of the Court as compulsory in all legal disputes concerning:
a) interpretation of the contract;
b) any question of international law;
c) the existence of a fact which, if established, would constitute a breach of an international obligation;
d) the nature and extent of compensation due for the breach of the international obligation.
3. The above statements may be unconditional, or on conditions of reciprocity on the part of certain states, or for a certain time.
4. Such declarations shall be deposited with the Secretary General, who shall transmit copies thereof to the parties to this Statute and to the Registrar of the Court.
5. Declarations made under Article 36 of the Statute of the Permanent Court of International Justice which continue to be in force shall be deemed, as between the parties to the present Statute, to be their acceptance of the jurisdiction of the International Court of Justice binding upon them for the unexpired term of those declarations and in accordance with the conditions in them stated.
6. In the event of a dispute about the jurisdiction of the case by the Court, the issue is resolved by a ruling of the Court.
Article 37.
In all cases where a treaty or convention in force provides for the referral of a case to a Court to be established by the League of Nations or to the Permanent Court of International Justice, the case between the parties to this Statute shall be referred to the International Court of Justice.
Article 38.
1. The court, which is obliged to resolve disputes submitted to it on the basis of international law, applies:
a) international conventions, both general and special, establishing rules expressly recognized by the disputing states;
b) international custom as evidence of a general practice accepted as law;
c) the general principles of law recognized by civilized nations;
d) subject to the reservation specified in Article 59, the judgments and doctrines of the best qualified experts in the public law of the various nations as an aid to the determination of rules of law.
2. This ruling does not limit the power of the Court to decide a case ex aequo et bono if the parties so agree.
Chapter III Legal proceedings
Article 39.
1. The official languages of the Court are French and English. If the parties agree to conduct the case in French, then the decision is made in French. If the parties agree to conduct the case in English, then the decision is made in English.
2. In the absence of agreement as to which language will be used, each party may use the language it prefers in the court settlement; The decision of the Court is delivered in French and English. In this case, the Court simultaneously determines which of the two texts is considered authentic.
3. The court is obliged, at the request of any party, to grant it the right to use a language other than French and English.
Article 40.
1. Cases are initiated in the Court, depending on the circumstances, either by notification of a special agreement, or by a written application addressed to the Secretary. In both cases, the subject of the dispute and the parties must be indicated.
2. The secretary immediately communicates the application to all interested parties.
3. He shall also notify the Members of the United Nations, through the Secretary-General, as well as other States having the right of access to the Court.
Article 41.
1. The court has the right to indicate, if, in its opinion, the circumstances so require, any provisional measures that should be taken to ensure the rights of each of the parties.
2. Pending a final decision, communication of the proposed measures shall be immediately brought to the attention of the parties and the Security Council.
Article 42.
1. The parties act through representatives.
2. They may be assisted by attorneys or advocates in the Court.
3. Representatives, attorneys and lawyers representing the parties before the Court shall enjoy the privileges and immunities necessary for them to independently perform their duties.
Article 43.
1. Legal proceedings consist of two parts: written and oral proceedings.
2. Written legal proceedings consist of communicating to the Court and the parties memoranda, counter-memoranda and, if necessary, responses to them, as well as all papers and documents supporting them.
3. These communications shall be made through the Registrar, in the manner and within the time limits established by the Court.
4. Any document presented by one of the parties must be communicated to the other in a certified copy.
5. Oral proceedings consist of hearing by the Court of witnesses, experts, representatives, attorneys and advocates.
Article 44.
1. For the service of all notices to persons other than representatives, attorneys and lawyers, the Court shall apply directly to the government of the state in whose territory the notice is to be served.
2. The same rule applies in cases where it is necessary to take measures to obtain evidence on the spot.
Article 45.
The hearing of the case is conducted under the direction of the Chairman or, if he is unable to preside, the Vice-Chairman; If neither one nor the other is able to preside, the eldest judge present presides.
Article 46.
The hearing of a case in the Court is held in public, unless otherwise decided by the Court or unless the parties request that the public be excluded.
Article 47.
1. Minutes are kept of each court hearing, signed by the Secretary and the Chairman.
2. Only this protocol is authentic.
Article 48.
1. The court shall order the direction of the case, determine the forms and time limits within which each party must finally present its arguments, and take all measures related to the collection of evidence.
Article 49.
The court may, even before the hearing of the case, require representatives to present any document or explanation. In case of refusal, a report is drawn up.
Article 50.
The court may at any time entrust the conduct of an investigation or examination to any person, board, bureau, commission or other organization of its choice.
Article 51.
At the hearing of the case, all relevant questions shall be put to witnesses and experts, subject to the conditions determined by the Court in the Rules referred to in Article 30.
Article 52.
Having received evidence within the prescribed time limits, the Court may refuse to accept any further oral or written evidence that either party may wish to present without the consent of the other.
Article 53.
1. If one of the parties does not appear in the Court or does not present its arguments, the other party may ask the Court to resolve the case in its favor. The decision must state the considerations on which it is based.
2. Revision proceedings are opened by a ruling of the Court, which definitely establishes the existence of a new circumstance with the recognition of the latter’s nature giving grounds for reconsideration of the case, and announces the acceptance, therefore, of the request for reconsideration.
3. The court may require that the conditions of the decision be fulfilled before it opens review proceedings.
4. The request for review must be made before the expiration of six months after the discovery of new circumstances.
5. No request for review may be made after the expiration of ten years from the date of the decision.
Article 62.
1. If any State considers that the decision of a case may affect any of its interests of a legal nature, that State may apply to the Court for leave to intervene in the case. Charter United Nations or under this Charter.
2. Matters on which an advisory opinion of the Court is sought shall be submitted to the Court in a written statement containing a precise statement of the matter on which the opinion is sought; All documents that may serve to clarify the issue are attached to it.
Article 66.
1. The Registrar of the Court shall immediately communicate the application containing the request for an advisory opinion to all States entitled to access to the Court.
2. In addition, the Registrar of the Court shall, by special and direct notice, inform any State having access to the Court, as well as any international organization which, in the opinion of the Court (or its President, if the Court is not sitting), may provide information on the matter that The Court is prepared to accept, within a time limit set by the President, written reports relating to the issue or to hear the same oral reports at a public meeting appointed for this purpose.
3. If such State having the right of access to the Court does not receive the special notification referred to in paragraph 2 of this article, it may wish to submit a written report or to be heard; The court makes a decision on this issue.
4. States and organizations which have submitted written or oral reports, or both, shall be admitted to the discussion of reports made by other States or organizations, in the forms, limits and periods established in each individual case by the Court or, if it is not sitting , Chairman of the Court. For this purpose, the Registrar of the Court shall communicate in due course all such written reports to the States and organizations which themselves have submitted such reports.
Article 67.
The Court renders its advisory opinions in open session, of which the Secretary General and representatives of the Members of the United Nations directly concerned, other states and international organizations are notified.
(signatures)