22 - The President of the International Court of Justice

Summary

Like all collegiate organs, the International Court of Justice is headed by a President. In current practice, there are two patterns for the presidency of collegiate international organs. In most ‘large’ organs composed of states, such as the General Assembly of the United Nations or a major plenipotentiary conference, the President is normally a member of a delegation from which, however, the Rules of Procedure will exclude him. In ‘small’ bodies, including for this purpose the Security Council (composed of the representatives of states) or the International Law Commission (composed of individuals), the presiding officer is chosen according to the stipulations of the constituent instrument (including the Rules of Procedure), but remains a full member of his delegation or a full participant in the body to which he belongs, retaining his right to vote. In those circumstances, it is customary for the presiding officer to speak last: voting is usually, in this type of organ (but not in the International Court), conducted instantaneously, and today frequently through electronic means. The President of the International Court belongs to this second category.

Article 21 of the Statute requires the Court to elect its President and Vice-President for three years; they may be re-elected.