Section 47p. 47

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

Secretary-General immediately after the first election has

been completed.

3. The members of the Court shall continue to discharge

their duties until their places have been filled. Though

replaced, they shall finish any cases which they may have

begun.

4. In the case of the resignation of a member of the Court,

the resignation shall be addressed to the President of the

Court for transmission to the Secretary-General. This last

notification makes the place vacant.

Article 14

Vacancies shall be filled by the same method as that laid

down for the first election, subject to the following

provision: the Secretary-General shall, within one month

of the occurrence of the vacancy, proceed to issue the

invitations provided for in Article 5, and the date of the

election shall be fixed by the Security Council.

Article 15

A member of the Court elected to replace a member

whose term of office has not expired shall hold office for

the remainder of his predecessor's term.

Article 16

1. No member of the Court may exercise any political or

administrative

function,

or

engage

in

any

other

occupation of a professional nature.

2. Any doubt on this point shall be settled by the decision

of the Court.

Article 17

1. No member of the Court may act as agent, counsel, or

advocate in any case.

2. No member may participate in the decision of any case

in which he has previously taken part as agent, counsel,

or advocate for one of the parties, or as a member of a

national or international court, or of a commission of

enquiry, or in any other capacity.

3. Any doubt on this point shall be settled by the decision

of the Court.

Article 18

1. No member of the Court can be dismissed unless, in the

unanimous opinion of the other members, he has ceased

to fulfill the required conditions.

2. Formal notification thereof shall be made to the

Secretary-General by the Registrar.

3. This notification makes the place vacant.

Article 19

The

members of the Court, when engaged on the

business of the Court, shall enjoy diplomatic privileges

and immunities.

Article 20

Every member of the Court shall, before taking up his

duties, make a solemn declaration in open court that he

will exercise his powers impartially and conscientiously.

Article 21

1. The Court shall elect its President and Vice-President for

three years; they may be re-elected.

2. The Court shall appoint its Registrar and may provide

for the appointment of such other officers as may be

necessary.

Article 22

1. The seat of the Court shall be established at The Hague.

This, however, shall not prevent the Court from sitting

and exercising its functions elsewhere whenever the

Court considers it desirable.

2. The President and the Registrar shall reside at the seat

of the Court.

Article 23

1. The Court shall remain permanently in session, except

during the judicial vacations, the dates and duration of

which shall be fixed by the Court.

2. Members of the Court are entitled to periodic leave, the

dates and duration of which shall be fixed by the Court,

having in mind the distance between The Hague and the

home of each judge.

3. Members of the Court shall be bound, unless they are

on leave or prevented from attending by illness or other

serious reasons duly explained to the President, to hold

themselves permanently at the disposal of the Court.

Article 24

1. If, for some special reason, a member of the Court

considers that he should not take part in the decision of a

particular case, he shall so inform the President.

2. If the President considers that for some special reason

one of the members of the Court should not sit in a

particular case, he shall give him notice accordingly.

3. If in any such case the member of the Court and the

President disagree, the matter shall be settled by the

decision of the Court.

Article 25

1. The full Court shall sit except when it is expressly

provided otherwise in the present Statute.

2. Subject to the condition that the number of judges

available to constitute the Court is not thereby reduced

below eleven, the Rules of the Court may provide for

allowing one or more judges, according to circumstances

and in rotation, to be dispensed from sitting.

3. A quorum of nine judges shall suffice to constitute the

Court.

Article 26

1. The Court may from time to time form one or more

chambers, composed of three or more judges as the

Court

may

determine,

for

dealing

with

particular

categories of cases; for example, labour cases and cases

relating to transit and communications.

2. The Court may at any time form a chamber for dealing

with a particular case. The number of judges to constitute

such a chamber shall be determined by the Court with

the approval of the parties.

3. Cases shall be heard and determined by the chambers

provided for in this article if the parties so request.

Article 27

A judgment given by any of the chambers provided for in

Articles 26 and 29 shall be considered as rendered by the

Court.

Article 28

The chambers provided for in Articles 26 and 29 may, with

the consent of the parties, sit and exercise their functions

elsewhere than at The Hague.

Article 29

With a view to the speedy dispatch of business, the Court

shall form annually a chamber composed of five judges

which, at the request of the parties, may hear and

determine cases by summary procedure. In addition, two

judges shall be selected for the purpose of replacing

judges who find it impossible to sit.

Article 30

1. The Court shall frame rules for carrying out its functions.

In particular, it shall lay down rules of procedure.

2. The Rules of the Court may provide for assessors to sit

with the Court or with any of its chambers, without the

right to vote.

Article 31

1. Judges of the nationality of each of the parties shall

retain their right to sit in the case before the Court.

© Compiled by RGL

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