Germany's declaration reads as follows:After obtaining the approval of the Cabinet, the Federal Foreign Office will tomorrow (1 May) deposit a declaration with the Secretary-General of the United Nations in New York accepting the compulsory jurisdiction of the International Court of Justice (ICJ) in accordance with Article 36 (2) of the ICJ Statute.
Germany will be the 66th state to recognize the compulsory jurisdiction of the ICJ. From now on, if Germany is involved in any international dispute over which the Court has jurisdiction, Germany may bring an action against or be sued by any other state that has made an equivalent declaration. This was previously only possible in the event of disputes based on international treaties that expressly named the ICJ as the competent court, or disputes that the parties thereto had especially agreed to submit to the ICJ. Germany has not accepted the compulsory jurisdiction of the court for disputes relating to military operations abroad or the use of German territory for military purposes.
By accepting the Court's jurisdiction in this way, the German Government is strengthening international law and the international courts.
Prior to Germany's action last week, the most recent action under Article 36(2) was Japan's substitution of a new declaration last July for the one it had deposited in 1958. Japan's new declaration restricted the Court's jurisdiction to cases that arose after September 15, 1958 (the date Japan submitted its original declaration) and precludes the Court's jurisdiction over "any dispute in respect of which any other party to the dispute has accepted the compulsory jurisdiction of the International Court of Justice only in relation to or for the purpose of the dispute; or where the acceptance of the Court's compulsory jurisdiction on behalf of any other party to the dispute was deposited or notified less than twelve months prior to the filing of the application bringing the dispute before the Court." It would appear that Japan may have taken this action to preempt as clearly as possible any attempt by the Republic of Korea to bring a dispute relating to Korean "comfort women" during World War II.With reference to Article 36 of the Statute of the International Court of Justice I have the honour to formulate on behalf of the Government of the Federal Republic of Germany the following declaration:
1. The Government of the Federal Republic of Germany declares that it recognizes as compulsory ipso facto and without special agreement, in relation to any other state accepting the same obligation, the jurisdiction of the International Court of Justice, in conformity with paragraph 2 of Article 36 of the Statute of the Court, until such time as notice may be given to the Secretary-General of the United Nations withdrawing the declaration and with effect as from the moment of such notification, over all disputes arising after the present declaration, with regard to situations or facts subsequent to this date other than:
(i) any dispute which the Parties thereto have agreed or shall agree to have recourse to some other method of peaceful settlement or which is subject to another method of peaceful settlement chosen by all the Parties.
(ii) any dispute which
(a) relates to, arises from or is connected with the deployment of armed forces abroad, involvement in such deployments or decisions thereon, or
(b) relates to, arises from or is connected with the use for military purposes of the territory of the Federal Republic of Germany, including its airspace, as well as maritime areas subject to German sovereign rights and jurisdiction;
(iii) any dispute in respect of which any other Party to the dispute has accepted the compulsory jurisdiction of the International Court of Justice only in relation to or for the purpose of the dispute; or where the acceptance of the Court’s compulsory jurisdiction on behalf of any other Party to the dispute was deposited or ratified less than twelve months prior to the filing of the application bringing the dispute before the Court.
2. The Government of the Federal Republic of Germany also reserves the right at any time, by means of a notification addressed to the Secretary-General of the United Nations, and with effect as from the moment of such notification, either to add to, amend or withdraw any of the foregoing reservations, or any that may hereafter be added.
