The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It settles legal disputes between states and gives advisory opinions on legal questions referred by authorized international organizations and UN bodies.
Origin and Establishment
The ICJ was established in 1945 by the Charter of the United Nations and began functioning in 1946. Its headquarters is located at the Peace Palace in The Hague, Netherlands. The court operates under a statute that forms an integral part of the UN Charter.
Composition and Structure
- The ICJ consists of 15 judges, elected by the UN General Assembly and the UN Security Council.
- Judges serve nine-year terms and can be re-elected.
- They must represent the world’s principal legal systems and regions.
- The ICJ ensures independence, and no two judges can be from the same country.
Jurisdiction and Powers
The ICJ has two main functions:
1. Contentious Jurisdiction
- It resolves legal disputes between sovereign states.
- Only states (not individuals, NGOs, or companies) can be parties to these cases.
- The court’s judgment is binding, and there is no appeal.
2. Advisory Jurisdiction
- It gives non-binding legal opinions at the request of UN organs or specialized agencies.
- These opinions clarify complex international law issues and help guide UN policy.
Types of Cases Heard
The ICJ hears a wide range of issues, including:
- Border disputes
- Maritime boundaries
- Diplomatic protection
- Use of force
- Violation of international treaties
- Environmental protection
Role in Promoting International Law
The ICJ plays a crucial role in maintaining international peace and security. It ensures that disputes are resolved through law, not war. Its decisions help develop international jurisprudence and promote legal consistency among nations.
Limitations of the ICJ
- It lacks compulsory jurisdiction unless states have accepted it.
- It cannot enforce judgments directly; enforcement depends on UN Security Council actions.
- It does not handle criminal cases (that’s the role of the International Criminal Court).
Famous ICJ Cases
- Nicaragua v. United States (1986): U.S. was found guilty of violating international law.
- Bosnia and Herzegovina v. Serbia (2007): ICJ ruled on genocide claims.
- Ukraine v. Russia (ongoing): Concerning terrorism financing and discrimination.
