Overview
- The International Court of Justice is the principal judicial organ of the United Nations.
- Established in 1945 under the UN Charter.
- Began functioning in 1946.
- Headquartered at the Peace Palace, The Hague, Netherlands.
- Also known as the World Court.
Composition
- Comprises 15 judges.
- Judges are elected for nine-year terms.
- Elected by both the UN General Assembly and the UN Security Council.
- Judges represent different legal systems and regions of the world.
- No two judges can be from the same country.
Jurisdiction
The ICJ has jurisdiction in two main categories:
Contentious Cases
- Settles legal disputes between sovereign states.
- Only states (not individuals or organisations) can be parties to cases.
- Jurisdiction is based on consent of states.
Advisory Opinions
- Provides legal opinions on questions referred by:
- UN General Assembly
- UN Security Council
- Other authorised UN organs and specialised agencies
Advisory opinions are not binding but carry significant legal weight.
Sources of Law Applied
The ICJ applies international law derived from:
- International treaties and conventions
- International custom
- General principles of law recognised by civilised nations
- Judicial decisions and scholarly writings (as subsidiary means)
Procedure
- Cases begin with written pleadings submitted by parties.
- Followed by oral hearings in public.
- Judgments are delivered in open court.
- Decisions are final and without appeal.
Enforcement
- ICJ judgments are binding on the parties to the dispute.
- If a state fails to comply, the matter may be brought before the UN Security Council.
- Enforcement depends largely on political will and international pressure.
Difference from International Criminal Court
- ICJ deals with disputes between states.
- International Criminal Court prosecutes individuals for crimes like genocide and war crimes.
Significance
- Promotes peaceful settlement of international disputes.
- Strengthens rule of law at the global level.
- Clarifies and develops principles of international law.
- Plays a key role in decolonisation, maritime disputes, and treaty interpretation.
The International Court of Justice remains a central pillar of the international legal order and a key mechanism for resolving interstate disputes peacefully.
