What is an Advisory Opinion of the International Court of Justice (ICJ)?
Last Updated: Dec 05, 2023
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An advisory opinion is legal advice provided to the UN or a specialized agency by the International Court of Justice (ICJ), in accordance with Article 96 of the UN Charter.
The ICJ's How the Court Works page explains the process related to requests for advisory opinions.
- The General Assembly and the Security Council may request advisory opinions on "any legal matter"
- Other organs and the specialized agencies may request advisory opinions on "legal questions arising within the scope of their activities"
Chapter IV, Articles 65-68 of the Statute of the ICJ and Part IV, Articles 102-109 of the Rules of Court concern advisory opinions.
The ICJ website lists organs currently authorized to request advisory opinions and indicates which organs have requested advisory opinions in the past.
According to the How the Court Works page: "In 2023, the Registry of the Court published a note for States and international organizations on the procedure followed by the Court in advisory proceedings."
In general, advisory opinions are not binding, but may inform the development of international law. According to the ICJ website, advisory opinions:
"carry great legal weight and moral authority. They are often an instrument of preventive diplomacy and have peace-keeping virtues. Advisory opinions also, in their way, contribute to the elucidation and development of international law and thereby to the strengthening of peaceful relations between States."
Links & Files
- International Court of Justice: Advisory Proceedings Opens in new window
- International Court of Justice: How the Court Works Opens in new window
- Article 96 in "Charter of the United Nations: A Commentary", Volume II (3rd edition) (subscription resource) Opens in new window
- Advisory Opinions in the "Max Planck Encyclopedia of Public International Law" (subscription resource) Opens in new window
- International Court of Justice: Handbook Opens in new window
Disclaimer
Disclaimer: answers are prepared by library staff using resources available at the time of writing. This site may include links and references to third-party databases, websites, books and articles, this does not imply endorsement by the United Nations.
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