The contentious jurisdiction of ICJ depends on the consent because the Court can only

entertain cases when the States concerned have explicitly recognized its jurisdiction. This
recognition can be established through various means, including special agreements, treaties,
declarations of compulsory jurisdiction, or acceptance under the forum prorogatum rule.also the
contentious jurisdiction of the International Court of Justice (ICJ) does indeed depend on the
consent of the parties involved in a dispute. The ICJ is the principal judicial organ of the United
Nations and is responsible for settling legal disputes between states. Its jurisdiction is primarily
based on the consent of the parties involved.
By considering Article 36(1) of the Statute of the ICJ, the jurisdiction of the Court is based on
two main sources: (1) the consent of the parties to a dispute, and (2) international treaties and
conventions in force. This means that for the ICJ to have jurisdiction over a particular dispute,
both parties must agree to submit to the Court's jurisdiction.
Consent can be given in different ways. The most common method is through a special
agreement between the parties, known as a "compromissory clause." This is a provision included
in a treaty or a separate agreement in which the parties agree to submit their dispute to the ICJ.
The clause defines the scope of the dispute and the terms under which the Court will have
jurisdiction.The ICJ’s jurisdiction includes cases that parties refer to it through a special
agreement. This agreement is a formal document specifically concluded by the parties for the
purpose of bringing a case before the Court.
In special agreements, states can also give their consent to the jurisdiction of the ICJ through
other means. For example, many states have made a declaration under Article 36(2) of the ICJ
Statute, known as the "optional clause." By making such a declaration, a state accepts the
jurisdiction of the Court as compulsory for certain categories of disputes, such as those involving
the interpretation or application of international law.
The most important is to note that the consent of all parties involved is necessary for the ICJ to
have jurisdiction. If one party does not consent, the Court cannot hear the case unless there is
another legal basis for jurisdiction, such as a treaty that specifically grants jurisdiction to the ICJ.
The requirement of consent is a fundamental principle in international law, reflecting the
sovereign nature of states and their right to choose the means of resolving their disputes. It
ensures that states are not compelled to have their disputes adjudicated by an international court
unless they have willingly agreed to do so.
Matters Provided in Treaties and Conventions:
The ICJ’s jurisdiction also covers matters specified in treaties and conventions in force. Parties
typically initiate such cases through a written application instituting proceedings, indicating the
subject of the dispute and the involved parties.
Compulsory Jurisdiction in Legal Disputes:
States may recognize as compulsory, in relation to other accepting States, the ICJ’s jurisdiction in
legal disputes concerning treaty interpretation, questions of international law, breach of
international obligations, or reparations for breaches. Declarations recognizing compulsory
jurisdiction are deposited with the UN Secretary-General.
Forum Prorogatum Rule:
When a State has not initially accepted the Court’s jurisdiction but later agrees to it after
proceedings are initiated against it, the Court can still entertain the case based on this acceptance
under the forum prorogatum rule.
Court’s Authority over Jurisdiction Disputes:
In the cases involves disputes regarding its own jurisdiction, the ICJ has the authority to settle
such matters through its decisions. Preliminary objections related to jurisdiction can be filed
according to Article 79 of the Rules.
Interpretation and Revision of Judgments:
The Court can interpret judgments upon request if there is a dispute about their meaning or
scope. Applications for revision are allowed based on newly discovered decisive facts unknown
at the time of judgment.
Finally, the contentious jurisdiction of ICJ relies on State consent expressed through special
agreements, treaties, declarations of compulsory jurisdiction, or subsequent acceptance under
specific rules like forum prorogatum. The Court has authority to resolve disputes over its own
jurisdiction and interpret or revise judgments as necessary.
References.
*International Court of Justice Statute.
*United Nations Charter of 1945
*Permanent Court of International Justice Documents.