International Court of Justice

The International Court of Justice (ICJ), also known as the World Court, is the primary judicial organ of the United ations! It is "ased in the #eace #alace in The $ague, the etherlands! It succeeded the #ermanent Court of International Justice (#CIJ), which was pro%ided for in the Co%enant of the &eague of ations! The #CIJ started in '()) and was dissol%ed in '(*+! ,etween '()) and '(*-, the #CIJ dealt with )( contentious cases "etween .tates and deli%ered )/ ad%isory opinions! It stopped functioning when a0i12ermany in%aded the etherlands in '(*-! The World Court The World Court was established in 1945 by the UN Charter and began work one year later. The Court's workload is characterised by a wide range of udicial acti!ity. "t #ay entertain two ty$es of cases% legal dis$utes between &tates sub#itted to it by the# 'contentious cases( and re)uests for ad!isory o$inions on legal )uestions referred to it by United Nations organs and s$ecialised agencies 'ad!isory $roceedings(. The Court decides in accordance with international treaties and con!entions in force* international custo#* the general $rinci$les of law and* as subsidiary #eans* udicial decisions and the teachings of the #ost highly )ualified scholars. +nly &tates 'UN #e#ber states and other &tates who are $arty to the Court &tatute( #ay be $arties to contentious cases. The Court is co#$etent to handle a dis$ute only if the &tates concerned ha!e acce$ted its urisdiction in one or #ore of the following ways% by entering into a s$ecial agree#ent to sub#it the dis$ute to the Court, by !irtue of a urisdictional clause, or through the reci$rocal effect of declarations #ade by the# under the &tatute whereby each has acce$ted the urisdiction of the Court as co#$ulsory in the e!ent of a dis$ute with another state ha!ing #ade a si#ilar declaration. Judgements 3 4d%isory 5pinions -udg#ents deli!ered by the Court in dis$utes between states are binding u$on the $arties concerned and are without a$$eal. "f either of the $arties challenges their sco$e or #eaning* it has the o$tion to re)uest an inter$retation. &ince 194. the Court has deli!ered 95 udg#ents on dis$utes concerning land frontiers* #ariti#e boundaries* territorial so!ereignty* the non/use of force* !iolation of international hu#anitarian law* non/ interference in the internal affairs of states* di$lo#atic relations* hostage/taking* the right of asylu#* nationality* guardianshi$* rights of $assage and econo#ic rights. 0d!isory $roceedings before the Court are o$en solely to fi!e organs of the United Nations and to 1. s$ecialised agencies of the UN. The 1eneral 0sse#bly and &ecurity Council #ay re)uest ad!isory o$inions on any legal )uestion* the others only with res$ect to legal )uestions arising within the sco$e of their acti!ities. Unlike the "C-'s udg#ents* the Court's o$inions ha!e no binding effect. Certain instru#ents or regulations can* howe!er* $ro!ide beforehand that an ad!isory o$inion by the Court shall ha!e binding force. "t re#ains ne!ertheless that the authority and $restige

of the Court attach to its ad!isory o$inions and that where the organ or agency concerned endorses that o$inion* that decision is as it were sanctioned by international law. Increased use of the Court The "C- has dealt with relati!ely few cases until the 1923s. There has been an increased willingness to use the Court since then* $articularly a#ong de!elo$ing countries. The United &tates withdrew fro# co#$ulsory urisdiction in 192. and acce$ts the court's urisdiction only on a case/to/case basis. &ince 194. the Court has gi!en 45 ad!isory o$inions* concerning the legal conse)uences of the construction of a wall in the occu$ied 5alestinian territory* ad#ission to United Nations #e#bershi$* re$aration for in uries suffered in the ser!ice of the UN* territorial status of &outh/West 0frica 'Na#ibia( and Western &ahara* udg#ents rendered by international ad#inistrati!e tribunals* e6$enses of certain UN o$erations* the status of hu#an rights ra$$orteurs* and the legality of the threat or use of nuclear wea$ons. The "C- is co#$osed of 15 udges who are elected by the UN 1eneral 0sse#bly for a $eriod of nine years. "n order to ensure a certain #easure of continuity* one/third of the Court 'fi!e udges( is elected e!ery three years. -udges are eligible for re/election. #ermanent Court of 4r"itration The "C- should not be confused with the 5er#anent Court of 0rbitration '5C0(* which is also housed in the 5eace 5alace that was built s$ecially for this Court in 1917. "t was established in 1929 as one of the acts of the first 8ague 5eace Conference in 1299* which #akes it the oldest institution for international dis$ute resolution. Unlike the "C-* the 5C0 is not ust o$en to states but also to other $arties. The 5C0 is an ad#inistrati!e organisation with the ob ect of ha!ing $er#anent and readily a!ailable #eans to ser!e as the registry for $ur$oses of international arbitration and other related $rocedures* including co##issions of en)uiry and conciliation. The 5C0 $ro!ides ser!ices for the resolution of dis$utes in!ol!ing !arious co#binations of states* state entities* intergo!ern#ental organisations* and $ri!ate $arties. The 5C0 ad#inisters cases arising out of international treaties and other agree#ents to arbitrate. The cases conducted by the 5C0 s$an a wide range of legal issues* including dis$utes o!er territorial and #ariti#e boundaries* so!ereignty* hu#an rights* international in!est#ent and #atters concerning international and regional trade. Court $roceedings ha!e a rather closed nature since hearings are rarely o$en to the $ublic and so#eti#es e!en the decision itself is ke$t confidential at the re)uest of the $arties. The 5C0 has dealt with 53 cases* hosted 5 international co##issions of in)uiry* and facilitated 7 international conciliation co##issions