| STATUTE OF THE INTERNATIONAL COURT OF JUSTICE | | 國際法院規約 |
| (Concluded on June 26, 1945) | | （１９４５年６月２６日訂） |
| Article 1 | | 第一條 |
| 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. | | 聯合國憲章所設之國際法院為聯合國主要司法機關，其組織及職務之行使應依本規約之下列規定。 |
| CHAPTER I ORGANIZATION OF THE COURT | | 第一章 法院之組織 |
| Article 2 | | 第二條 |
| 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. | | 法院以獨立法官若幹人組織之。此項法官應不論國籍，就品格高尚並在各本國具有最高司法職位之任命資格或公認為國際法之法學家中選舉之。 |
| Article 3 | | 第三條 |
| 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人組織之，其中不得有二人為同一國家之國民。 |
| 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，一人而可視為一個國家以上之國民者，應認為屬于其通常行使公民及政治權利之國家或會員國之國民。 |
| Article 4 | | 第四條 |
| 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、法院法官應由大會及安全理事會依下列規定就常設公斷法院各國團體所提出之名單內選舉之。 |
| 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、在常設公斷法院並無代表之聯合國會員國，其候選人名單應由各該國政府專為此事而委派之團體提出；此項各國團體之委派，准用１９０７年海牙和平解決國際紛爭條約第四十四條規定委派常設公斷法院公斷員之條件。 |
| 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、凡非聯合國會員國而已接受法院規約之國家，其參加選舉法院法官時，參加條件，如無特別協定，應由大會經安全理事會之提議規定之。 |
| Article 5 | | 第五條 |
| 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、聯合國秘書長至遲應于選舉日期三個月前，用書面邀請屬于本規約當事國之常設公斷法院公斷員，及依第四條第二項所委派之各國團體，于一定期間內分別由各國團體提出能接受法官職務之人員。 |
| 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、每一團體所提人數不得超過四人，其中屬其本國國籍者不得超過二人。在任何情形下，每一團體所提候選人之人數不得超過應占席數之一倍。 |
| Article 6 | | 第六條 |
| 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. | | 各國團體在提出上項人員以前，宜咨詢本國最高法院、大學法學院、法律學校、專研法律之國家研究院、及國際研究院在各國所設之各分院。 |
| Article 7 | | 第七條 |
| 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、秘書長應依字母依序，編就上項所提人員之名單。除第十二條第二項規定外，僅此項人員有被選權。 |
| 2. The Secretary-General shall submit this list to the General Assembly and to the Security Council. | | 二、秘書長應將前項名單提交大會及安全理事會。 |
| Article 8 | | 第八條 |
| The General Assembly and the Security Council shall proceed independently of one another to elect the members of the Court. | | 大會及安全理事會各應獨立舉行法院法官之選舉。 |
| Article 9 | | 第九條 |
| 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. | | 每次選舉時，選舉人不獨應注意被選人必須各具必要資格，並應注意務使法官全體確能代表世界各大文化及各主要法系。 |
| Article 10 | | 第十條 |
| 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、候選人在大會及在安全理事會得絕對多數票者應認為當選。 |
| 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、安全理事會之投票，或為法官之選舉或為第十二條所稱聯席會議人員之指派，應不論安全理事會常任理事會國及非常任理事國之區別。 |
| 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、如同一國家之國民得大會及安全理事會之絕對多數票者不止一人時，其年事最高者應認為當選。 |
| Article 11 | | 第十一條 |
| 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. | | 第一次選舉會後，如有一席或一席以上尚待補選時，應舉行第二次選舉會，並于必要時舉行第三次選舉會。 |
| Article 12 | | 第十二條 |
| 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、第三次選舉會後，如仍有一席或一席以上尚待補選時，大會或安全理事會得隨時聲請組織聯席會議，其人數為六人，由大會及安全理事會各派三人。此項聯席會議就每一懸缺以絕對多數票選定一人提交大會及安全理事會分別請其接受。 |
| 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、具有必要資格人員，即未列入第七條所指之候選人名單，如經聯席會議全體同意，亦得列入該會議名單。 |
| 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、如聯席會議確認選舉不能有結果時，應由已選出之法官，在安全理事會所定之期間內，就曾在大會或安全理事會得有選舉票之候選人中，選定若幹人補足缺額。 |
| 4. In the event of an equality of votes among the judges, the eldest judge shall have a casting vote. | | 四、法官投票數相等時，年事最高之法官應投決定票。 |
| Article 13 | | 第十三條 |
| 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，並得連選，但第一次選舉選出之法官中，五人任期應為三年，另五個為六年。 |
| 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，任期孰為三年孰為六年，應于第一次選舉完畢後立由秘書長以抽簽方法決定之。 |
| 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、法官在其後任接替前，應繼續行使其職務，雖經接替，仍應結束其已開始辦理之案件。 |
| 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、法官辭職時應將辭職書致送法院院長轉知秘書長。轉知後，該法官之一席即行出缺。 |
| Article 14 | | 第十四條 |
| 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，應照第一次選舉時所定之辦法補選之，但秘書長應于法官出缺後一個月內，發出第五條規定之邀請書並由安全理事會指定選舉日期。 |
| Article 15 | | 第十五條 |
| 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. | | 法官被選以接替任期未滿之法官者，應任職至其前任法官任期屆滿時為止。 |
| Article 16 | | 第十六條 |
| 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職務，或執行任何其他職業性質之任務。 |
| 2. Any doubt on this point shall be settled by the decision of the Court. | | 二、關于此點，如有疑義，應由法院裁決之。 |
| Article 17 | | 第十七條 |
| 1. No member of the Court may act as agent, counsel, or advocate in any case. | | 一、法官對于任何案件，不得充任代理人、律師、或輔佐人。 |
| 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、法官曾以當事國一造之代理人、律師、或輔佐人、或以國內法院或國際法院或調查委員會委員、或以其他資格參加任何案件者，不得參與該案件之裁決。 |
| 3. Any doubt on this point shall be settled by the decision of the Court. | | 三、關于此點，如有疑義，應由法院決定之。 |
| Article 18 | | 第十八條 |
| 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認為不複適合必要條件外，不得免職。 |
| 2. Formal notification thereof shall be made to the Secretary-General by the Registrar. | | 二、法官之免職，應由書記官長正式通知秘書長。 |
| 3. This notification makes the place vacant. | | 三、此項通知一經送達秘書長，該法院一席即行出缺。 |
| Article 19 | | 第十九條 |
| The members of the Court, when engaged on the business of the Court, shall enjoy diplomatic privileges and immunities. | | 法官于執行法院職務時，應享受外交特權及豁免。 |
| Article 20 | | 第二十條 |
| 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. | | 法官于就職前應在公開法庭鄭重宣言本人必當秉公竭誠行使職權。 |
| Article 21 | | 第二十一條 |
| 1. The Court shall elect its President and Vice-President for three years; they may be re-elected. | | 一、法院應選舉院長及副院長，其任期各三年，並得連選。 |
| 2. The Court shall appoint its Registrar and may provide for the appointment of such other officers as may be necessary. | | 二、法院應委派書記官長，並得酌派其他必要之職員。 |
| Article 22 | | 第二十二條 |
| 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、法院設在海牙，但法院如認為合宜時，得在他處開庭及行使職務。 |
| 2. The President and the Registrar shall reside at the seat of the Court. | | 二、院長及書記官長應駐于法院所在地。 |
| Article 23 | | 第二十三條 |
| 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，應常川辦公。司法假期之日期及期間由法院定之。 |
| 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、法官得有定時假期，其日期及期間，由法院斟酌海牙與各法院住所之距離定之。 |
| 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，不克視事，經向院長作適當之解釋外，應常川備由法院分配工作。 |
| Article 24 | | 第二十四條 |
| 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、法官如因特別原由認為于某案之裁判不應參與時，應通知院長。 |
| 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、院長如認某法官因特別原由不應參與某案時，應以此通知該法官。 |
| 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、遇有此種情形，法官與院長意見不同時，應由法院決定之。 |
| Article 25 | | 第二十五條 |
| 1. The full Court shall sit except when it is expressly provided otherwise in the present Statute. | | 一、除本規約另有規定外，法院應由全體法官開庭。 |
| 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、法院規則得按情形並以輪流方法，規定准許法官一人或數人免予出席，但准備出席之法官人數不得因此減至少于１１人。 |
| 3. A quorum of nine judges shall suffice to constitute the Court. | | 三、法官九人即足構成法院之法定人數。 |
| Article 26 | | 第二十六條 |
| 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、法院得隨時設立一個或數個分庭，並得決定由法院三人或三人以上組織之。此項分庭處理特種案件，例如勞工案件及關于過境與交通案件。 |
| 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、法院為處理某特定案件，得隨時設立分庭，組織此項分庭法官之人數，應由法院得當事國之同意定之。 |
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