Model Answer
0 min readIntroduction
The International Court of Justice (ICJ), often called the ‘World Court’, is the principal judicial organ of the United Nations (UN). Established in 1945 by the UN Charter, the ICJ’s primary mandate is to settle legal disputes submitted to it by States and to provide advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies. Located in The Hague, Netherlands, the ICJ plays a crucial role in maintaining international peace and security by applying and interpreting international law. Its judgments are binding on the parties involved in a case.
Structure of the International Court of Justice
The ICJ is composed of 15 judges, elected for nine-year terms by the UN General Assembly and Security Council. No two judges can be nationals of the same state. The Court operates with a bench of judges, and ad hoc judges can be appointed when a state party does not have a judge of its nationality on the bench.
Principal Organs
- General Assembly & Security Council: Elect the judges.
- The Court itself: Comprising 15 judges.
- Registry: Administrative organ of the Court, headed by the Registrar.
- Committees: Various committees assist the Court in its work, such as the Committee on Rules of Procedure.
Functions of the International Court of Justice
The ICJ performs two main functions: contentious and advisory.
Contentious Jurisdiction
This involves settling disputes between states. States can only bring a case before the ICJ if both states have consented to its jurisdiction. Consent can be given in several ways:
- Special Agreement: States agree to submit a specific dispute to the ICJ.
- Compromissory Clause: Treaties contain clauses referring disputes to the ICJ.
- Optional Clause Declarations: States declare that they recognize the ICJ’s jurisdiction as compulsory in relation to any other state accepting the same obligation (Article 36(2) of the ICJ Statute).
- Forum Prorogatum: A state that has not previously accepted the ICJ’s jurisdiction accepts it for a particular case.
Examples include the Nicaragua v. United States (1986) case concerning the use of force in Central America and the Kasikili/Sedudu Dispute (1992) between Botswana and Namibia regarding the ownership of an island.
Advisory Jurisdiction
The ICJ can give advisory opinions on legal questions referred to it by the UN General Assembly, Security Council, or other specialized agencies authorized by the General Assembly. These opinions are not binding but carry significant legal weight. An example is the 1996 advisory opinion on the legality of the threat or use of nuclear weapons.
Limitations of the ICJ
- Lack of Universal Jurisdiction: The ICJ can only hear cases where states consent to its jurisdiction.
- Enforcement Challenges: The ICJ lacks a direct enforcement mechanism; enforcement relies on the UN Security Council, which can be subject to vetoes.
- Political Considerations: The ICJ’s decisions can be influenced by political factors.
The ICJ also deals with issues like maritime disputes, territorial disputes, treaty interpretation, and the application of international humanitarian law.
Conclusion
The International Court of Justice remains a vital, though imperfect, institution for the peaceful settlement of international disputes. While its effectiveness is constrained by state consent and enforcement challenges, it provides a crucial forum for the application and development of international law. Strengthening the ICJ’s authority and promoting greater acceptance of its jurisdiction are essential for enhancing international peace and security in the 21st century.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.