The Compulsory Jurisdiction of the International Court of Justice: How Compulsory Is It?

Abstract

The “compulsory jurisdiction” of the International Court of Justice is not truly compulsory. The Court's jurisdiction is based on the consent of the parties. States have the option to accept or not to accept the Court's jurisdiction and can do so under terms and conditions they determine themselves. However, once a State has granted its consent, and when a dispute that falls within the scope of that consent is submitted to the Court, the State must subject itself to the Court's jurisdiction. It is that legal obligation that is at the root of the term “compulsory”.