Compulsory jurisdiction is the jurisdiction of the
International Court of
Justice (ICJ).
Membership in the United Nations does not
automatically subject a country to the jurisdiction of the ICJ. The
ICJ will hear a case only if all the countries involved in the case
consent to its jurisdiction. Some countries automatically accept
the jurisdiction of the court. Other countries automatically accept
the court's compulsory jurisdiction but reserve the right to opt
out of ICJ proceedings on matters that are of vital national
interest. (Although the word compulsory is used, a country may
choose not to recognize the ICJ's jurisdiction. Participation is
voluntary.)
United States and compulsory jurisdiction
On
April 6, 1984, the United States informed the United Nations that
it would not accept the compulsory jurisdiction of the ICJ in
disputes involving Central America. On April 9, 1984, Nicaragua
asked the ICJ to hear a case against the United States.
[1940] Nicaragua asserted that the
United States had violated customary and conventional international
law by engaging in and supporting insurgent military and
paramilitary activities against the Nicaraguan government. (See
Nicaragua vs. United
States)
The United States argued that its notification of
April 6, 1984, deprived the ICJ of jurisdiction over the case. The
ICJ disagreed and accepted the case. Though the United States had
withdrawn from the case, the ICJ heard Nicaragua's arguments. On
June 27, 1986, In a 12-3 decision, the majority of the Court ruled
the
United
States was "in breach of its obligation under customary
international law not to use force against another state" and
ordered the US pay
reparations...although it never did.