Lecture on the International Court of Justice (ICJ)

Overview

• Focus: The third major organ of the United Nations, the International Court of Justice (ICJ), its role, and effectiveness.
• Purpose: Introduction to the ICJ, types of cases brought before it, and its judicial effectiveness.

Historical Background

• Predecessor: League of Nations' Permanent Court of Justice.
• Location: Both located at the Peace Palace, The Hague.

Jurisdiction of the ICJ

Contentious Jurisdiction

• Definition: Adjudicates disputes between states.
• Examples of Cases:
  • North Sea Continental Shelf Cases (1960s): Territorial disputes.
  • Nicaragua v. United States: Maritime disputes.
  • Bosnia v. Serbia (1990s): Genocide allegations.
• Characteristics:
  • Cases involve direct state-to-state conflicts.
  • Binding rulings on the states involved.

Advisory Jurisdiction

• Definition: Provides opinions on complex legal questions posed by UN bodies, typically the General Assembly.
• Examples of Advisory Opinions:
  • Nuclear Weapons Usage (1990s): Legality under international humanitarian law.
  • Outcome: ICJ stated no explicit ban if rules of war are followed.
• Nature of Opinions:
  • Non-binding but indicative of ICJ's stance on legal issues.

Effectiveness and Enforcement

• Binding Nature: Contentious rulings are binding; advisory opinions are not.
• Acceptance of Judgments:
  • Example of Compliance: Thailand accepted ICJ's ruling on the Preah Vihear Temple dispute with Cambodia.
  • Example of Non-compliance: UK disregarded ICJ's ruling on the Chagos Islands due to national defense claims.

Recent Developments

• Chagos Islands Dispute: New negotiations as of November 2022 regarding the UK's ownership and potential handover.

Limitations

• ICJ lacks enforcement power akin to a 'World Police'.
• Reliance on states to voluntarily comply with rulings.

Conclusion

• The ICJ plays a crucial role as the judicial organ of the UN, with significant responsibilities in international law.
• Its effectiveness is contingent upon state cooperation and acceptance of its judgments.