The Jurisdiction of the International Court of Justice (ICJ)

The Jurisdiction of the International Court of Justice (ICJ)

The Jurisdiction of the International Court of Justice (ICJ)

August 21, 2025 (IG10085)

Summary

The Jurisdiction of the International Court of Justice (ICJ)

The ICJ is a permanent

international court created in

1945 by the United Nations

Charter as "the principal

judicial organ of the United

Nations."

The ICJ's functions are set out

in the Statute of the ICJ —an

annex to and "an integral

part" of the UN Charter.

The ICJ was created to

provide a peaceful

means for resolving

disputes.

Two Types of ICJ Case Jurisdiction

Only states, and not government

officials or other individuals, may

be parties in cases before the ICJ.

Some UN bodies may also appear

before the ICJ to seek its opinion.

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1. Contentious Jurisdiction

Jurisdiction to Decide Disputes Between States

All states that are parties to the case must consent to the ICJ's

jurisdiction in one of three ways:

Consent to Compulsory Jurisdiction

A state may consent to the compulsory jurisdiction of the ICJ to

resolve disputes with another state accepting the same obligation.

The United States consented in 1946 but withdrew from the ICJ's

compulsory jurisdiction in 1985.

Consent to Jurisdiction in a Treaty

A state may consent to jurisdiction by including a specific clause in a

treaty known as a compromissory clause. Most of the cases involving

the United States have been based on compromissory clauses

setting forth the terms for all future disputes related to the treaty.

Consent to Jurisdiction Over a Specific Dispute

A state may consent to jurisdiction via a special agreement reached

between the parties to resolve a particular dispute after it has

occurred. For example, in 1 981, the United States and Canada

entered into a special agreement regarding a maritime boundary.

2. Advisory Jurisdiction

Jurisdiction to Answer a Question of International Law

The ICJ has jurisdiction to decide questions of international

law that are submitted by:

The UN Security Council

The Security Council, which has "primary responsibility for the

maintenance of international peace and security," may request an

advisory opinion on any legal question. The United States is a

permanent member of the Council.

The UN General Assembly

The General Assembly, which is the "main policy-making organ" of

the UN, may request an advisory opinion on any legal question.

The United States is a member of the General Assembly.

Another U.N. body or specialized agencies

The UN Charter provides that "[o]ther organs of the United Nations

and specialized agencies ... may also request advisory opinions

of the Court on legal questions arising within the scope of their

activities." An example is the International Fund for Agricultural

Development, of which the United States is a member.

The Effect and Enforcement of ICJ Decisions

• The UN Charter requires parties to contentious cases to

comply with judgments.

Advisory opinions are nonbinding.

• If a state does not comply, an opposing state party in the

case may request enforcement by the Security Council.

The ICJ's opinions in all cases can contribute to the development of international law and are generally considered to be authoritative

by many states and the international community more broadly.

ICJ in Practice: Examples from the Court's Docket

Nicaragua v. Germany

In March 2024, Nicaragua filed a case against Germany alleging

that Germany's provision of arms to Israel for use in its military

campaign in Gaza violates:

1 . international humanitarian law as codified in the Geneva

Conventions, and

2. the Convention on the Prevention and Punishment of

Genocide (Genocide Convention).

Nicaragua invoked two bases of the ICJ's contentious-case

jurisdiction:

1 . compulsory jurisdiction, which Nicaragua and Germany had

accepted; and

2.jurisdiction under the compromissory clause of the Genocide

Convention. (Article IX)

Obligations of States in respect of

Climate Change

In April 2023, the General Assembly requested an advisory

opinion on the international legal obligations related to

climate change. Ninety-one states and entities filed

statements on the matter, the highest number to have

been filed in an advisory proceeding.

In July 2025, the ICJ issued its opinion. The ICJ concluded

that states have certain obligations to protect the climate

system under various sources of international law and may

be responsible for a failure to meet those obligations.

Sources: United Nations Charter, https://wv•m.icj-cij.org/charter-of-the-united-nations; Statute of the International Court of Justice,

https://www.icj-cij.org/statute. For more information, see CRS Report R48004, The International Court of Justice and the International

Criminal Court: A Primer, by Karen Sokol (2024).

Information as of August 21 , 2025. Prepared by Karen Sokol, Legislative Attorney; and Brion Long, Visual Information Specialist.

—CRS