Under Article 38(1)(d) ICJ Statute, JUDICIAL DECISIONS are 'subject to…

Question

Under Article 38(1)(d) ICJ Statute, JUDICIAL DECISIONS are 'subject to the provisions of Article 59'. Article 59 ICJ Statute provides that:

Accepted Answer

B. the decision of the Court has NO BINDING FORCE EXCEPT BETWEEN THE PARTIES and in respect of that particular case (no formal doctrine of stare decisis)

1. Article 59 ICJ Statute: 'The decision of the Court has no binding force except between the parties and in respect of that particular case.'
2. This rejects formal STARE DECISIS in international law — the ICJ is not bound by its own prior judgments.
3. In practice, the Court strives for consistency and refers to its prior judgments extensively (de facto persuasive authority — 'jurisprudence constante').
4. Article 38(1)(d) refers to judicial decisions as a SUBSIDIARY means for determining the law.
5. Hence option B is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / Geneva Conventions 1949 / ICJ Statute / UDHR ICCPR ICESCR — ICJ Statute Article 59_

Answer

all ICJ judgments are universally binding on every State irrespective of party status (cf. ICJ Statute Article 59) (cf. ICJ Statute Article 59)

Answer

the ICJ may overrule its own decisions only with unanimous consent (cf. ICJ Statute Article 59) (cf. ICJ Statute Article 59)

Answer

the ICJ cannot cite its own prior decisions in any future case (cf. ICJ Statute Article 59) (cf. ICJ Statute Article 59)