Understanding the Role of the International Court of Justice (ICJ)

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Introdution

The International Court of Justice (ICJ), or, as it is sometimes called, the World Court, is the main judicial organ of the United Nations. Established in 1945 and commencing operations one year later, the ICJ acts to secure international peace and security by resolving disputes of a legal nature submitted by States and rendering advisory opinions in legal questions submitted by various international organs and agencies. The ICJ, being housed at the Peace Palace in The Hague (Netherlands), sits as an important pillar of modern international law. The legal foundation of the ICJ is the Statute of the International Court of Justice, which is an integral part of the UN Charter and binding on all UN member states. In this article, we will explore the statute of the International Court of Justice (ICJ) and its functions and responsibilities.  

Statute of the International Court of Justice (ICJ)

The ICJ works as per the Statute of the International Court of Justice (ICJ), which is divided into 5 Chapters and 70 Articles. The Chapters include ‘Organization of the Court’, ‘Competence of the Court’, ‘Procedure’, ‘Advisory Opinions’, and ‘Amendment’. 

The Court consists of 15 judges elected to nine-year terms by the UN General Assembly and the Security Council, voting independently. No two judges can be from the same country. Article 3 of the ICJ Statute states, “1. The Court shall consist of fifteen members, no two of whom may be nationals of the same state. 2. A person who for the purposes of membership in the Court, could be regarded as a national of more than one state shall be deemed to be a national of the one in which he ordinarily exercises civil and political rights.” 

The Court has jurisdiction in two types of cases, Contentious cases and advisory opinions. The contentious cases are legal disputes between states that have consented to the Court's jurisdiction. On the other hand, the ICJ may also issue non-binding advisory opinions at the request of the UN General Assembly, the Security Council, or other authorized UN bodies and specialized agencies.

Sources of Law

As per Article 38 of the Statute, the ICJ applies the following sources of law: International conventions and treaties, International customary law, General principles of law recognized by civilized nations, and Judicial decisions and scholarly writings. It states, “The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:

• international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;
• international custom, as evidence of a general practice accepted as law;
• the general principles of law recognized by civilized nations;
• subject to the provisions of Article 59, judicial decisions and the teachings of the most
• highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.”

Functions and Responsibilities

Dispute Settlement between the States

The primary task of the ICJ is to settle legal disputes submitted to it by states, which may include a wide range of issues such as Territorial and maritime boundaries, Sovereignty and statehood, Diplomatic and consular relations, Human rights violations, Use of force and armed conflict, and Treaty interpretation and application. Because only states may be parties in contentious cases, individuals, non-governmental organizations (NGOs), and private companies cannot bring a case directly before the ICJ. However, their interests may be affected by the outcome of a case involving their home state.

Advisory Opinions

The ICJ also gives advisory opinions on legal questions referred to it by authorized international bodies. Though not binding, such opinions have considerable moral and legal weight, enabling them to clarify and develop international law. For instance, in 2004, the ICJ issued an advisory opinion declaring the construction of Israel’s separation wall in the West Bank as contrary to international law.

Related Case Laws

• Nicaragua v. United States case (1986)
• Bosnia and Herzegovina v. Serbia and Montenegro case (2007)
• Kulbhushan Jadhav case (2019)
• Maritime Delimitation in the Indian Ocean (Somalia v. Kenya) case (2021)

Conclusion

The International Court of Justice plays a central role in the peaceful resolution of international disputes and the development of international legal norms. Its foundation, rooted in the Statute of the ICJ, establishes a clear legal framework that governs its functions and ensures procedural fairness. Though the Court’s effectiveness can be hindered by issues of jurisdiction and enforcement, its presence remains vital for promoting legal order, encouraging diplomatic resolution of conflicts, and upholding the principles of the United Nations Charter. As global challenges evolve, the ICJ will continue to be a cornerstone of international justice and a symbol of the global commitment to the rule of law.