International Court of Justice

International Court of Justice

International Court of Justice (ICJ), French four Internationale de Justice, named International Court of Justice, the most judicial organ of the United Nations (UN). The idea of making a world tribunal to arbitrate international disputes first emerged during the varied conferences that produced The Hague Conventions within the late 19th and early 20th centuries. 

The body that was accordingly settled, the Lasting Court of Assertion, was the harbinger of the Permanent Court of International Justice  (PCIJ), which was set up by the Class of Countries. From 1921 to 1939, the PCIJ issued more than 30 decisions and issued almost the same number of advisory opinions, although none related to the problems that threatened to engulf Europe in the second world war in 20 years. The ICJ was set up in 1945 by the San Francisco Meeting, which additionally made the UN. All members of the UN are parties to the ICJ statute, and non-members can also become parties. The inaugural session of the court was in 1946.

The ICJ is a permanent and autonomous body that is permanently in session. It is made up of 15 judges, of which two cannot be nationals of the same state, who are elected for nine-year terms by majority vote in the UN General Assembly and the Security Council. Judges, 33% of whom are chosen at regular intervals, are qualified for re-appointment. The judges elect their president and vice president, each of whom serves a three-year term, and may appoint administrative staff as needed.

The headquarters of the ICJ is in The Hague, but sessions can be held elsewhere when the court deems it appropriate. The authority dialects of the court are French and English.

The main function of the court is to make judgments on disputes between sovereign states. Only states are often parties to lawsuits, and no state is often sued within the International Court of Justice unless it consents to such action. According to article 36 of the statute of the court, any state can consent to the compulsory jurisdiction of the court in advance by filing a declaration to that effect with the UN secretary-general, and by 2000 quite 60 countries had issued such a declaration.

 The declaration (the “optional clause”) can be made unconditionally, or it can be made under the condition of reciprocity by other states or for a specified time. In court proceedings, oral and written arguments are presented, and the court may hear witnesses and appoint expert commissions to conduct investigations and reports when necessary.

International Court of Justice

Cases before the ICJ are resolved in one of three ways: (1) they can be resolved by the parties at any time during the proceeding; (2) a state can suspend the proceeding and withdraw at any time; or (3) the court can render a verdict. The ICJ decides disputes by international law, as reflected in international conventions, international customs, general principles of law recognized by civilized nations, judicial decisions, and the writings of the most highly qualified experts in the law. international. Although the judges deliberate in secret, their verdicts, delivered in both English and French, are delivered in public hearings. Any judge who does not fully or partially agree with the court's decision can present a separate opinion, and few decisions represent the unanimous opinion of the judges. The court ruling is final and without appeal.

The court's decisions, which numbered approximately 70 between 1946 and 2000, are binding on the parties and have dealt with issues such as land and sea borders, territorial sovereignty, diplomatic relations, the proper of asylum, nationality, and economic rights. The ICJ is also empowered to issue advisory opinions on legal issues at the request of other UN bodies and their specialized agencies when authorized by the General Assembly. Although advisory opinions, which number around 25 during their first 50 years, are not binding and are only advisory, they are considered important. They have been concerned with issues such as admission to the UN, the costs of UN operations, and the territorial status of South West Africa (Namibia) and Western Sahara. The court may also have jurisdiction over certain cases by treaty or convention. In the late 1990s, approximately 400 bilateral and multilateral treaties deposited with the UN conferred compulsory jurisdiction on the ICJ.

The court itself does not have enforcement powers, but according to Article 94 of the Charter of the United Nations:

Few States parties to a case before the ICJ (or before its predecessor, the ICJ) have not complied with the court's decisions. Two exceptions are Albania, which failed to pay £ 843,947 in damages to the United Kingdom in the Corfu Canal case (1949), and the United States, which refused to pay repayments to the Sandinista administration of Nicaragua (1986). The Us likewise pulled out its announcement of the required ward and impeded Nicaragua's appeal to the UN Security Council. In general, however, enforcement is possible because the international community considers court decisions legitimate, though few.

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