From Describing the Fact to Issuing a Judgment in ICJ Procedure

The International Court of Justice, as the principal judicial organ of the United Nations, plays a decisive role in the settlement of international disputes. The subject of the present study, through various judgments of the International Court of Justice, is to examine how the Court deals with events and their description, how to understand and interpret the text and international regulations as assumptions for voting, and also to examine the general and practical methods and criteria of the Court in the process of describing the event to issuing a judgment. The present article, via a descriptive-analytic method and by means of content analysis, intends to examine and explore the factors and elements influencing each of the two stages of the court's judicial performance process (descripting and voting). Considering the existence of various factors influencing the description of the event, such as the objective means of proof as well as subjective means: mental perceptions, recognition and interpretation of the court judges, the effectiveness of each of them is relativeand not definite. Anyway, inany case, the court tries to strike a balance between these factors by taking the path that is closest to justice, and the application of the principle of fairness is a clear example of this method. Generally, there is no absolute or fixed version can be found in the ICJ procedure from describing the event to issuing a judgment.