The Jurisdiction of the International Court of Justice (ICJ)
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