Functioning and Status of Judicial Decisions in the Jurisprudence of the International Court of Justice

The main sources applicable to the International Court of Justice set forth in Article 38 of the Statute include treaties, custom and general legal principles and Subsidiary sources include judicial decisions and doctrine and fairness if agreed upon by the parties. Judicial decisions, as one of the sources of international law, can be applied by the Court in the issues raised. The practical issue is to explain precisely the status of the legal nature of judicial decisions in the jurisprudence of the Court. There are ambiguities about the role of judicial decisions among sources and especially in judicial procedure. This descriptive-analytical research seeks to find this role and position. The main question is whether the judicial decisions of the International Court of Justice are considered as an independent source of international law or not. The purpose of this study is to determine the function and status of judicial decisions in the jurisprudence of the Court. International Justice concluded that judicial decisions retain a minor role among the applicable sources in determining rights; In the justifiable causes of the verdict and the arguments of the parties, they have a justification function and in no way, like other sources, they are judged, but they are more useful in strengthening the meaning and logic of the issued verdicts.