Compulsory jurisdiction of the ICJ

Compulsory jurisdiction refers to the power of the International Court of Justice (ICJ) to
hear and decide disputes submitted to it by states, even without their consent. The
ICJ's compulsory jurisdiction is exercised through two main mechanisms: jurisdiction
based on the ICJ's Statute and jurisdiction based on special agreements or treaties.

1. Jurisdiction based on the ICJ's Statute: The ICJ's Statute, which is an

integral part of the United Nations Charter, provides the legal basis for the
Court's jurisdiction. According to Article 36(2) of the Statute, states can confer
jurisdiction on the ICJ by two means:
a. Declarations of Acceptance of the Court's Jurisdiction: States may make a
declaration, known as a "declaratory instrument," accepting the compulsory
jurisdiction of the ICJ. This declaration is submitted to the UN Secretary-General,
who registers it and notifies other states. Once a state has made such a
declaration, it becomes bound to accept the jurisdiction of the ICJ for disputes
falling within the scope of its declaration. Notably, a state can limit the scope of
its acceptance by specifying certain categories of disputes or excluding specific
matters.
b. Optional Clause Declarations: States may also accept the ICJ's jurisdiction by
including an optional clause declaration in treaties or other binding instruments.
The optional clause allows states to opt for compulsory jurisdiction regarding any
legal dispute arising out of the interpretation or application of the treaty or
instrument containing the clause. When two states that have made reciprocal
optional clause declarations have a legal dispute, either state can bring the
matter before the ICJ, regardless of whether the other state consents.

2. Jurisdiction based on Special Agreements or Treaties: States may submit

disputes to the ICJ on a case-by-case basis by concluding special agreements or
treaties that provide for the Court's jurisdiction. These agreements can be
bilateral or multilateral, and they define the scope and conditions under which
the ICJ will hear and decide the dispute. Such agreements are binding on the
parties involved, and the ICJ exercises its jurisdiction based on the terms
specified in the agreement.

It is important to note that the ICJ's compulsory jurisdiction has certain limitations and
exceptions:
 1. Optional Clause Reservations: States making optional clause declarations can
include reservations that limit or exclude the jurisdiction of the ICJ regarding
certain categories of disputes or subject matters.
2. Prior Consent: The compulsory jurisdiction of the ICJ applies only to disputes
for which the parties have not agreed on any other means of settlement or have
not previously accepted the jurisdiction of another tribunal.
3. Non-Participation and Non-Compliance: Although the ICJ has compulsory
jurisdiction, it cannot enforce its decisions directly. It relies on the voluntary
compliance of states to abide by its judgments. If a state does not participate in
the proceedings or fails to comply with the ICJ's judgment, the matter may be
referred to the UN Security Council for appropriate action.

In summary, the International Court of Justice exercises compulsory jurisdiction

through the acceptance of its jurisdiction by states through declaratory instruments or
optional clause declarations. Additionally, states can submit disputes to the ICJ based
on special agreements or treaties that confer jurisdiction on the Court. While the ICJ's
jurisdiction is broad, there are exceptions and limitations, and its decisions rely on the
voluntary compliance of the states involved.