| STATUTE OF THE INTERNATIONAL COURT OF JUSTICE | | 国际法院规约 |
| (Concluded on June 26, 1945) | | （１９４５年６月２６日订） |
| Article 1 | | 第一条 |
| The International Court of Justice established by the Charter of the United Nations as the principal judicial organ of the United Nations shall be constituted and shall function in accordance with the provisions of the present Statute. | | 联合国宪章所设之国际法院为联合国主要司法机关，其组织及职务之行使应依本规约之下列规定。 |
| CHAPTER I ORGANIZATION OF THE COURT | | 第一章 法院之组织 |
| Article 2 | | 第二条 |
| The Court shall be composed of a body of independent judges, elected regardless of their nationality from among persons of high moral character, who possess the qualifications required in their respective countries for appointment to the highest judicial offices, or are jurisconsults of recognized competence in international law. | | 法院以独立法官若干人组织之。此项法官应不论国籍，就品格高尚并在各本国具有最高司法职位之任命资格或公认为国际法之法学家中选举之。 |
| Article 3 | | 第三条 |
| 1. The Court shall consist of fifteen members, no two of whom may be nationals of the same state. | | 一、法院以法官１５人组织之，其中不得有二人为同一国家之国民。 |
| 2. A person who for the purposes of membership in the Court could be regarded as a national of more than one state shall be deemed to be a national of the one in which he ordinarily exercises civil and political rights. | | 二、就充任法院法官而言，一人而可视为一个国家以上之国民者，应认为属于其通常行使公民及政治权利之国家或会员国之国民。 |
| Article 4 | | 第四条 |
| 1. The members of the Court shall be elected by the General Assembly and by the Security Council from a list of persons nominated by the national groups in the Permanent Court of Arbitration, in accordance with the following provisions. | | 一、法院法官应由大会及安全理事会依下列规定就常设公断法院各国团体所提出之名单内选举之。 |
| 2. In the case of Members of the United Nations not represented in the Permanent Court of Arbitration, candidates shall be nominated by national groups appointed for this purpose by their governments under the same conditions as those prescribed for members of the Permanent Court of Arbitration by Article 44 of the Convention of The Hague of 1907 for the pacific settlement of international disputes. | | 二、在常设公断法院并无代表之联合国会员国，其候选人名单应由各该国政府专为此事而委派之团体提出；此项各国团体之委派，准用１９０７年海牙和平解决国际纷争条约第四十四条规定委派常设公断法院公断员之条件。 |
| 3. The conditions under which a state which is a party to the present Statute but is not a Member of the United Nations may participate in electing the members of the Court shall, in the absence of a special agreement, be laid down by the General Assembly upon recommendation of the Security Council. | | 三、凡非联合国会员国而已接受法院规约之国家，其参加选举法院法官时，参加条件，如无特别协定，应由大会经安全理事会之提议规定之。 |
| Article 5 | | 第五条 |
| 1. At least three months before the date of the election, the Secretary-General of the United Nations shall address a written request to the members of the Permanent Court of Arbitration belonging to the states which are parties to the present Statute, and to the members of the national groups appointed under Article 4, paragraph 2, inviting them to undertake, within a given time, by national groups, the nomination of persons in a position to accept the duties of a member of the Court. | | 一、联合国秘书长至迟应于选举日期三个月前，用书面邀请属于本规约当事国之常设公断法院公断员，及依第四条第二项所委派之各国团体，于一定期间内分别由各国团体提出能接受法官职务之人员。 |
| 2. No group may nominate more than four persons, not more than two of whom shall be of their own nationality. In no case may the number of candidates nominated by a group be more than double the number of seats to be filled. | | 二、每一团体所提人数不得超过四人，其中属其本国国籍者不得超过二人。在任何情形下，每一团体所提候选人之人数不得超过应占席数之一倍。 |
| Article 6 | | 第六条 |
| Before making these nominations, each national group is recommended to consult its highest court of justice, its legal faculties and schools of law, and its national academies and national sections of international academies devoted to the study of law. | | 各国团体在提出上项人员以前，宜咨询本国最高法院、大学法学院、法律学校、专研法律之国家研究院、及国际研究院在各国所设之各分院。 |
| Article 7 | | 第七条 |
| 1. The Secretary-General shall prepare a list in alphabetical order of all the persons thus nominated. Save as provided in Article 12, paragraph 2, these shall be the only persons eligible. | | 一、秘书长应依字母依序，编就上项所提人员之名单。除第十二条第二项规定外，仅此项人员有被选权。 |
| 2. The Secretary-General shall submit this list to the General Assembly and to the Security Council. | | 二、秘书长应将前项名单提交大会及安全理事会。 |
| Article 8 | | 第八条 |
| The General Assembly and the Security Council shall proceed independently of one another to elect the members of the Court. | | 大会及安全理事会各应独立举行法院法官之选举。 |
| Article 9 | | 第九条 |
| At every election, the electors shall bear in mind not only that the persons to be elected should individually possess the qualifications required, but also that in the body as a whole the representation of the main forms of civilization and of the principal legal systems of the world should be assured. | | 每次选举时，选举人不独应注意被选人必须各具必要资格，并应注意务使法官全体确能代表世界各大文化及各主要法系。 |
| Article 10 | | 第十条 |
| 1. Those candidates who obtain an absolute majority of votes in the General Assembly and in the Security Council shall be considered as elected. | | 一、候选人在大会及在安全理事会得绝对多数票者应认为当选。 |
| 2. Any vote of the Security Council, whether for the election of judges or for the appointment of members of the conference envisaged in Article 12, shall be taken without any distinction between permanent and non-permanent members of the Security Council. | | 二、安全理事会之投票，或为法官之选举或为第十二条所称联席会议人员之指派，应不论安全理事会常任理事会国及非常任理事国之区别。 |
| 3. In the event of more than one national of the same state obtaining an absolute majority of the votes both of the General Assembly and of the Security Council, the eldest of these only shall be considered as elected. | | 三、如同一国家之国民得大会及安全理事会之绝对多数票者不止一人时，其年事最高者应认为当选。 |
| Article 11 | | 第十一条 |
| If, after the first meeting held for the purpose of the election, one or more seats remain to be filled, a second and, if necessary, a third meeting shall take place. | | 第一次选举会后，如有一席或一席以上尚待补选时，应举行第二次选举会，并于必要时举行第三次选举会。 |
| Article 12 | | 第十二条 |
| 1. If, after the third meeting, one or more seats still remain unfilled, a joint conference consisting of six members, three appointed by the General Assembly and three by the Security Council, may be formed at any time at the request of either the General Assembly or the Security Council, for the purpose of choosing by the vote of an absolute majority one name for each seat still vacant, to submit to the General Assembly and the Security Council for their respective acceptance. | | 一、第三次选举会后，如仍有一席或一席以上尚待补选时，大会或安全理事会得随时声请组织联席会议，其人数为六人，由大会及安全理事会各派三人。此项联席会议就每一悬缺以绝对多数票选定一人提交大会及安全理事会分别请其接受。 |
| 2. If the joint conference is unanimously agreed upon any person who fulfills the required conditions, he may be included in its list, even though he was not included in the list of nominations referred to in Article 7. | | 二、具有必要资格人员，即未列入第七条所指之候选人名单，如经联席会议全体同意，亦得列入该会议名单。 |
| 3. If the joint conference is satisfied that it will not be successful in procuring an election, those members of the Court who have already been elected shall, within a period to be fixed by the Security Council, proceed to fill the vacant seats by selection from among those candidates who have obtained votes either in the General Assembly or in the Security Council. | | 三、如联席会议确认选举不能有结果时，应由已选出之法官，在安全理事会所定之期间内，就曾在大会或安全理事会得有选举票之候选人中，选定若干人补足缺额。 |
| 4. In the event of an equality of votes among the judges, the eldest judge shall have a casting vote. | | 四、法官投票数相等时，年事最高之法官应投决定票。 |
| Article 13 | | 第十三条 |
| 1. The members of the Court shall be elected for nine years and may be re-elected; provided, however, that of the judges elected at the first election, the terms of five judges shall expire at the end of three years and the terms of five more judges shall expire at the end of six years. | | 一、法官任期九年，并得连选，但第一次选举选出之法官中，五人任期应为三年，另五个为六年。 |
| 2. The judges whose terms are to expire at the end of the above-mentioned initial periods of three and six years shall be chosen by lot to be drawn by the Secretary-General immediately after the first election has been completed. | | 二、上述初期法官，任期孰为三年孰为六年，应于第一次选举完毕后立由秘书长以抽签方法决定之。 |
| 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. | | 三、法官在其后任接替前，应继续行使其职务，虽经接替，仍应结束其已开始办理之案件。 |
| 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. | | 四、法官辞职时应将辞职书致送法院院长转知秘书长。转知后，该法官之一席即行出缺。 |
| Article 14 | | 第十四条 |
| 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. | | 凡遇出缺，应照第一次选举时所定之办法补选之，但秘书长应于法官出缺后一个月内，发出第五条规定之邀请书并由安全理事会指定选举日期。 |
| Article 15 | | 第十五条 |
| 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. | | 法官被选以接替任期未满之法官者，应任职至其前任法官任期届满时为止。 |
| Article 16 | | 第十六条 |
| 1. No member of the Court may exercise any political or administrative function, or engage in any other occupation of a professional nature. | | 一、法官不得行使任何政治或行政职务，或执行任何其他职业性质之任务。 |
| 2. Any doubt on this point shall be settled by the decision of the Court. | | 二、关于此点，如有疑义，应由法院裁决之。 |
| Article 17 | | 第十七条 |
| 1. No member of the Court may act as agent, counsel, or advocate in any case. | | 一、法官对于任何案件，不得充任代理人、律师、或辅佐人。 |
| 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. | | 二、法官曾以当事国一造之代理人、律师、或辅佐人、或以国内法院或国际法院或调查委员会委员、或以其他资格参加任何案件者，不得参与该案件之裁决。 |
| 3. Any doubt on this point shall be settled by the decision of the Court. | | 三、关于此点，如有疑义，应由法院决定之。 |
| Article 18 | | 第十八条 |
| 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. | | 一、法官除由其余法官一致认为不复适合必要条件外，不得免职。 |
| 2. Formal notification thereof shall be made to the Secretary-General by the Registrar. | | 二、法官之免职，应由书记官长正式通知秘书长。 |
| 3. This notification makes the place vacant. | | 三、此项通知一经送达秘书长，该法院一席即行出缺。 |
| Article 19 | | 第十九条 |
| The members of the Court, when engaged on the business of the Court, shall enjoy diplomatic privileges and immunities. | | 法官于执行法院职务时，应享受外交特权及豁免。 |
| Article 20 | | 第二十条 |
| 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. | | 法官于就职前应在公开法庭郑重宣言本人必当秉公竭诚行使职权。 |
| Article 21 | | 第二十一条 |
| 1. The Court shall elect its President and Vice-President for three years; they may be re-elected. | | 一、法院应选举院长及副院长，其任期各三年，并得连选。 |
| 2. The Court shall appoint its Registrar and may provide for the appointment of such other officers as may be necessary. | | 二、法院应委派书记官长，并得酌派其他必要之职员。 |
| Article 22 | | 第二十二条 |
| 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. | | 一、法院设在海牙，但法院如认为合宜时，得在他处开庭及行使职务。 |
| 2. The President and the Registrar shall reside at the seat of the Court. | | 二、院长及书记官长应驻于法院所在地。 |
| Article 23 | | 第二十三条 |
| 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. | | 一、法院除司法假期外，应常川办公。司法假期之日期及期间由法院定之。 |
| 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. | | 二、法官得有定时假期，其日期及期间，由法院斟酌海牙与各法院住所之距离定之。 |
| 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. | | 三、法院除在假期或因疾病或其他重大原由，不克视事，经向院长作适当之解释外，应常川备由法院分配工作。 |
| Article 24 | | 第二十四条 |
| 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. | | 一、法官如因特别原由认为于某案之裁判不应参与时，应通知院长。 |
| 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. | | 二、院长如认某法官因特别原由不应参与某案时，应以此通知该法官。 |
| 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. | | 三、遇有此种情形，法官与院长意见不同时，应由法院决定之。 |
| Article 25 | | 第二十五条 |
| 1. The full Court shall sit except when it is expressly provided otherwise in the present Statute. | | 一、除本规约另有规定外，法院应由全体法官开庭。 |
| 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. | | 二、法院规则得按情形并以轮流方法，规定准许法官一人或数人免予出席，但准备出席之法官人数不得因此减至少于１１人。 |
| 3. A quorum of nine judges shall suffice to constitute the Court. | | 三、法官九人即足构成法院之法定人数。 |
| Article 26 | | 第二十六条 |
| 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. | | 一、法院得随时设立一个或数个分庭，并得决定由法院三人或三人以上组织之。此项分庭处理特种案件，例如劳工案件及关于过境与交通案件。 |
| 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. | | 二、法院为处理某特定案件，得随时设立分庭，组织此项分庭法官之人数，应由法院得当事国之同意定之。 |
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