INTERNATIONAL COURT OF JUSTICE (ICJ) – All need to know

In this article we discussed about the International Court of Justice (ICJ) including its historical perspective, composition, jurisdiction and limitations.

 

INTRODUCTION

 

One of the purposes of the United Nations is to “bring about by peaceful means, and in conformity with the principles of justice and International Law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace.” In order to achieve the above purpose, it was essential to establish a judicial arm of the Organization. At San Francisco Conference it was therefore decided to establish a Court which was named the International Court of Justice.

 

According to Article 92 of the Charter, the International Court of Justice is the 'principal judicial organ' of the United Nations. The Court carry out its functions according to the Statute which is an integral part of the Charter. It may be noted that the Statute of the Court does not lay down expressly the objectives or the functions for which it has been established. However, its main objectives are firstly, to settle international disputes or situations, which are submitted to it by the States, in accordance with the principles of justice and international law, and secondly, to render advisory opinion on legal questions to anybody which has been authorized in accordance with the Charter of the United Nations.

 

HISTORICAL PERSPECTIVE

 

The historical perspective of the United Nations International Court of Justice (ICJ) can be understood by tracing its roots back to the early 20th century and examining its evolution within the context of international relations and the pursuit of global justice.

1. Predecessors to the ICJ: The idea of establishing an international court to settle disputes between nations emerged during the two Hague Peace Conferences in 1899 and 1907. These conferences laid the groundwork for the creation of institutions to promote international arbitration and adjudication.
2. The Permanent Court of International Justice (PCIJ) (1922): In the aftermath of World War I, the League of Nations was established in 1920, with a primary objective of preventing future conflicts. As part of its efforts to promote peaceful resolution of disputes, the League created the Permanent Court of International Justice (PCIJ) in 1922. The PCIJ was the first permanent international court with a mandate to settle legal disputes between states and offer advisory opinions on legal matters. It played a crucial role in the development of international law during its existence.
3. Dissolution of the PCIJ and Transfer of Functions (1940s): With the outbreak of World War II, the activities of the PCIJ came to a halt. After the war, the United Nations was established in 1945, succeeding the League of Nations. The International Court of Justice (ICJ) was created as the principal judicial organ of the UN, and its judicial functions were transferred from the PCIJ.
4. Establishment of the ICJ (1945): The ICJ's establishment was provided for in the Charter of the United Nations, signed on June 26, 1945, in San Francisco. The Charter entered into force on October 24, 1945, and the ICJ held its inaugural session on April 18, 1946, in The Hague, Netherlands.
5. Early Years and Development: During its early years, the ICJ faced challenges in terms of caseload and jurisdiction. The Court actively sought to build its credibility and jurisdiction by rendering important advisory opinions and handling contentious cases. It began to shape the framework of international law by establishing precedents in various areas, including territorial disputes, state responsibility, and human rights.
6. Cold War and Political Challenges: During the Cold War era, the ICJ faced limitations in its role as a judicial body due to geopolitical tensions between the major powers. The political nature of some disputes and the veto power held by the permanent members of the UN Security Council sometimes complicated the Court's work and impeded its effectiveness.
7. Increasing Use and Significance (1990s-present): In the post-Cold War era, the ICJ witnessed an increase in its caseload, and its advisory opinions gained prominence in shaping international law. The Court has ruled on significant cases related to armed conflicts, environmental protection, human rights, and the law of the sea, among others. The ICJ's decisions have helped to clarify and develop international legal principles and norms.
8. Challenges and Reforms: The ICJ has faced challenges related to enforcement of its decisions, compliance by member states, and accessibility for smaller states with limited resources. Efforts have been made to reform and enhance the functioning of the Court, including streamlining procedures, improving transparency, and promoting broader access to justice.

 

COMPOSITION

 

The International Court of Justice (ICJ) is composed of 15 judges who are elected by Security Council to serve nine-year terms. The composition of the ICJ is as follows:

1. Five Permanent Members: These judges are appointed by the five permanent members of the United Nations Security Council (China, France, Russia, the United Kingdom, and the United States).
2. Ten Non-Permanent Members: These judges are elected by the United Nations General Assembly and the Security Council. Five of them are elected every three years, ensuring a rotating representation from different regions of the world.

The ICJ is the principal judicial organ of the United Nations and is located at the Peace Palace in The Hague, Netherlands. Its judges are expected to be independent and impartial, representing a wide range of legal systems and cultures.

 

JURISDICTION

 

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations, and its jurisdiction is to settle legal disputes between states. The ICJ operates based on two main sources of jurisdiction:

1. Contentious Cases: The ICJ has the authority to hear and decide on contentious cases brought before it by states. These cases are usually disputes between two or more countries over legal issues such as territorial boundaries, sovereignty, treaty interpretations, and violations of international law. Both parties involved in the dispute must consent to the jurisdiction of the ICJ for the court to hear the case.
2. Advisory Opinions: Besides contentious cases, the ICJ can also provide advisory opinions to United Nations organs and specialized agencies. This means that these organizations can seek legal advice from the court on a particular legal question. Unlike contentious cases, advisory opinions do not involve actual disputes between states, and the ICJ's opinions in these cases are non-binding.

It's important to note that the ICJ only has jurisdiction over states and cannot hear cases involving individuals or non-state entities. Additionally, the ICJ's jurisdiction is limited to those states that have accepted its jurisdiction, either through specific treaty provisions or by making a declaration of acceptance under Article 36 of the ICJ Statute.

Moreover, it's essential to distinguish the jurisdiction of the ICJ from the International Criminal Court (ICC). The ICC is a separate institution that deals with individual criminal responsibility for the most serious international crimes, such as genocide, crimes against humanity, war crimes, and the crime of aggression. The ICC's jurisdiction is over individuals, not states, and it complements the ICJ's role in settling disputes between states.

 

CHALLENGES AND LIMITATIONS

 

The ICJ faces several challenges and limitations in fulfilling its role as an international judicial institution. First and foremost is the issue of consent-based jurisdiction. The court can only hear cases when both parties consent to its involvement. This limitation may prevent the ICJ from adjudicating certain critical disputes where one or both parties are unwilling to accept its jurisdiction.

 

Furthermore, the non-compulsory jurisdiction aspect means that not all states have accepted the ICJ's jurisdiction in all matters. Some states have made reservations or declarations, limiting the scope of the court's authority. This can hinder the court's ability to address certain cases effectively.

 

Political considerations may also affect the ICJ's functioning, as judges are elected by states, and their decisions can have diplomatic implications. Striking a balance between the legal merits of a case and political sensitivities can be challenging.

 

CONCLUSION

 

The United Nations International Court of Justice remains an indispensable institution for the peaceful settlement of international disputes and the promotion of the rule of law on the global stage. Despite its challenges and limitations, the ICJ's contribution to the development of international law and its efforts to resolve conflicts through legal means are invaluable. As the world continues to grapple with complex geopolitical issues, the ICJ stands as a symbol of hope, advocating for the peaceful coexistence of nations and the advancement of a rules-based international order.