Deminor Wiki - International Court of Justice (ICJ)

History and Establishment

The ICJ was established following the conclusion of World War II as part of the United Nations Charter, replacing its predecessor, the Permanent Court of International Justice (PCIJ), which had operated from 1922 to 1946 under the League of Nations. The ICJ was designed to build on the PCIJ’s foundations, aiming to enhance the framework for international law and provide a reliable venue for dispute resolution among UN member states.

Jurisdiction and Function

The ICJ’s jurisdiction encompasses two main types of cases:

1. Contentious Cases: The ICJ adjudicates legal disputes between consenting states on matters such as territorial boundaries, sovereignty, and human rights. For a contentious case to proceed, all parties involved must agree to submit to the Court’s jurisdiction. Once the Court reaches a judgment, the decision is binding, and states are obligated to comply. However, enforcement relies on the UN Security Council, as the ICJ itself lacks enforcement mechanisms.

2. Advisory Opinions: The ICJ provides advisory opinions on legal questions referred to it by the UN General Assembly, Security Council, or other UN-affiliated agencies. These opinions are non-binding but carry significant influence and contribute to the development and interpretation of international law.

Composition of the Court 

The ICJ is composed of 15 judges, elected to nine-year terms by the UN General Assembly and the UN Security Council. Elections are structured to ensure geographic diversity, with no two judges representing the same country. Judges are eligible for re-election and must possess the qualifications required for the highest judicial offices in their respective countries. The President and Vice-President of the Court are elected by their fellow judges to serve a three-year term, after which they may be re-elected.

Notable Cases

The ICJ has ruled on various landmark cases that have had a lasting impact on international relations and legal precedent. Notable cases include:

• Nicaragua v. United States (1986): In this case, the ICJ ruled that the United States had violated international law by supporting the Contras in Nicaragua. This decision affirmed the principles of non-intervention and respect for national sovereignty.

• Advisory Opinion on the Legality of Nuclear Weapons (1996): The Court issued an advisory opinion stating that the threat or use of nuclear weapons would generally be contrary to the principles of international humanitarian law, although it could not conclude definitively in all circumstances.

• Maritime Delimitation Cases: The ICJ has resolved numerous disputes over maritime boundaries, such as the case between Qatar and Bahrain (2001) and the more recent case concerning the maritime boundary between Somalia and Kenya (2021).