The International Court of Justice is the principal judicial body of the United Nations settling disputes between states and giving advisory opinions under international law. The seat of the Court is at the Peace Palace in The Hague. It is therefore the only principal organ of the UN which is not located in New York.
The Court is composed of 15 judges, elected for 9 years based on the outcome of simultaneous vote in the General Assembly and the Security Council.
In 2009, the Court delivered its decision in the case between Ukraine and Romania on the Maritime Delimitation in the Black Sea.
On 31 January 2024, the ICJ delivered its final judgement in the case on the Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation).
The Court concluded that Russia violated both international treaties. This is the first case in its history when the International Court of Justice of the United Nations issued a decision on merits finding violations of international law by Russia. In addition, the Court ruled that Russia violated the Court's provisional measures order. At the same time, the Court rejected other submissions of Ukraine on other alleged violations of the mentioned conventions. Also, the Court did not reach a conclusion on the necessity of awarding compensation for violations of the Convention on Racial Discrimination and the Convention on the Financing of Terrorism. The case has been pending since 2017. In April 2017, the Court issued provisional measures order.
After the start of the full-scale war by Russia against Ukraine, on 26 February 2022, Ukraine filed a new case to the International Court of Justice. The case concerns Russia’s accusation of genocide against the Russian-speaking population in Ukraine under the Convention on the Prevention and Punishment of the Crime of Genocide. At the same time, Ukraine filed a request for the indication of provisional measures.
On 16 March 2022, the Court issued an order on Ukraine’s request for the indication of provisional measures. The order required Russia, among other things, to “immediately suspend the hostilities launched on 24 February 2022, aimed at preventing and punishing genocide in Luhansk and Donetsk regions of Ukraine” and “to ensure that any military or irregular armed formations, any organizations, persons controlled, supported and under the influence of Russia do not take any measures to carry out the so-called "military operation”.
33 states have already filed their declarations on intervention to the Court under Article 63 of the Statute of ICJ.
On 1 July 2022, Ukraine has already filed its Memorial.
By the Order of 5 June 2023 the Court has found declarations on intervention of 32 states as admissible.
On 1 July 2022, Ukraine has already filed its Memorial.
On 1 October 2022, Russia has filed preliminary objections on the jurisdiction of the Court.
On 18-27 September 2023, Oral hearings on jurisdiction were held.
2 February 2024, the Court issued the decision on preliminary objections issuing it has jurisdiction to consider the case on merits.
The Court will establish subsequent time frameworks for submitting the written documents of the parties and conducting oral hearings on the merits.
On 4 July 2023, Ukraine, Canada, Sweden and Great Britain filed an Application instituting proceedings before the International Court of Justice against Iran under the 1971 Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (the “Montreal Convention”) in connection with the downing of UIA Flight PS752.
Iran breached its obligations under the Montreal Convention, including Articles 6, 7, 10, 11 and 13. Iran failed to take all possible measures to prevent the unlawful and deliberate downing of Flight PS752, which is an unlawful act under Article 1(b) Montreal Convention.
The meeting of the Parties with the President of the ICJ were held on 21 September 2023 in order to ascertain their views regarding further steps in the dispute i.e. submission of the Memorial etc.
The Court ordered that the Four Countries shall submit their Memorial till 16 October 2024 and Iran shall submit its Counter-Memorial till 16 October 2025.
On 8 January 2024, Ukraine, Canada, Sweden and the United Kingdom filed the Application and Memorial with the Council of the International Civil Aviation Organization (ICAO) regarding Iran's violation of the provisions of the 1944 Convention on International Civil Aviation (Chicago Convention) in connection with the downing of UIA flight PS752. States claim that Iran violated its obligations under Article 3bis of the Chicago Convention. Accordingly, the Applicants request the ICAO Council to rule and declare that the downing of flight PS752 is a violation of Article 3bis of the Chicago Convention and, as a result, Iran is responsible for the legal consequences arising from this violation of its international legal obligations, including the provision of assurances and guarantees of non-repetition and full indemnification.
During the first half of 2024, Iran is expected to submit preliminary objections on the jurisdiction of the ICAO Council.