Links

Site search
Document search
Contact

The Court

History
Members of the Court
Presidency
Chambers and Committees
Judges ad hoc
How the Court Works
Financial Assistance to Parties
Annual Reports

The Registry

Registrar
Organizational Chart of the Registry
Texts governing the Registry
Library of the Court
Employment
University traineeship program
Internships
Procurement

Cases

List of All Cases
Judgments, Advisory Opinions and Orders

Basic Documents

Charter of the United Nations
Statute of the Court
Rules of Court
Practice Directions
Other Texts

Jurisdiction

Contentious Jurisdiction
Advisory Jurisdiction

Press Room

Press releases
Calendar
Media Services
Multimedia
Frequently Asked Questions

Practical Information

Directions
Visits
Links
Frequently Asked Questions

Publications

Introduction

Permanent Court of International Justice

Series A: Collection of Judgments (1923-1930)
Series B: Collection of Advisory Opinions (1923-1930)
Series A/B: Collection of Judgments, Orders and Advisory Opinions (from 1931)
Series C: Acts and documents relating to Judgments and Advisory Opinions given by the Court / Pleadings, Oral Arguments and Documents
Series D: Acts and Documents concerning the organization of the Court
Series E: Annual Reports
Series F: General Indexes
Other documents


Français

States not parties to the Statute to which the Court may be open

Under the terms of Article 35, paragraph 2, of the Statute, the Court is also open to other States not parties to its Statute. This Article provides that the relevant conditions shall, subject to the special provisions contained in treaties in force, be laid down by the Security Council, but in no case shall such conditions place the parties in a position of inequality before the Court.

The conditions applicable in such instances are currently set out in Resolution 9 (1946) adopted on 15 October 1946 by the Security Council (see Basic Documents on this website ), which stipulates that, in order to have access to the Court, a State not party to the Statute must previously have deposited in the Registry of the Court a declaration by which it accepts the Court’s jurisdiction, in accordance with the Charter of the United Nations and subject to the conditions of the Statute and Rules of Court, and undertakes to comply in good faith with the decision or decisions of the Court and to accept all the obligations of a Member of the United Nations under Article 94 of the Charter. Resolution 9 further states that such a declaration may be either particular (and relate to a dispute or disputes which have already arisen) or general (and relate to all disputes or to one or several classes of disputes which have already arisen or which may arise in the future).

In the past, particular declarations have been filed by Albania (1947) and Italy (1953), and general declarations by Cambodia (1952), Ceylon (1952), the Federal Republic of Germany (1955, 1956, 1961, 1965 and 1971), Finland (1953 and 1954), Italy (1955), Japan (1951), Laos (1952) and the Republic of Viet Nam (1952).

On 4 July 2018, Palestine deposited in the Registry of the Court a declaration that reads as follows:

“Pursuant to Security Council Resolution 9 (1946) of 15 October 1946, which provides the conditions under which the Court shall be open to States not parties to the Statute of the International Court of Justice, adopted by virtue of its powers under Article 35 (2) of the Statute of International Court of Justice, the State of Palestine hereby declares that it accepts with immediate effect the competence of the International Court of Justice for the settlement of all disputes that may arise or that have already arisen covered by Article I of the Optional Protocol to the Vienna Convention on Diplomatic Relations Concerning the Compulsory Settlement of Disputes (1961), to which the State of Palestine acceded on 22 March 2018.
In doing so, the State of Palestine declares that it accepts all the obligations of a Member of the United Nations under Article 94 of the Charter of the United Nations.”