What is the role of the International Court of Justice ICJ?

Introduction –

After World War-II Monarchy states dissolved one by one and democracy model of states formed nearly 195 countries are there and currently 193 countries are members of the United Nation of Organization and 2 countries are over the observation of the United States Organization. The two countries which is under observation is Vatican City ( Ruled by Pope) and the other is Palestine (Dispute between Isreal). All the members of United Nation are liable to the jurisdiction and the verdicts of the International Court of Justice.

Every country has their own judicial system, but the International Court of Justice was formed to settle the disputes between two or more states with arbitration and conciliation. The International Court of Justice have not their own Judicial system to execute the orders given by the court, so they are selected from the representation of the all the member of United Nation Organization.

Therefore, here we have to see that how International Court of Justice executes their works and what is the main object of the International Court of Justice. We can also observe the critical analysis of  the International Court of Justice and the features of the ICJ. Before ICJ was formed there was a Permanent Court of International Justice which was influenced by the European Countries but ICJ was established to correct the mistakes of earlier court.

What is the International Court of Justice ? –

The International Court of Justice is the International Jurisdiction for the 193 member countries of United Nation. The Main object of the ICJ was to keep peace in the world and solve the disputes between countries through the Judicial system. The ICJ is the only International Court in the world who solves the disputes between countries and gives advisory opinions to the member countries.

The Primary source of International court is International Laws and machinery established through representatives of the member countries. The International Court of Justice is the successor of the Permanent Court of International Justice, it was formed by the League of Nation where European countries had more control on that International Court. After World war -II the International Court of Justice was formed with United Nation charter rules.

The ICJ consist of 15 Judges elected trough General Assembly and Security Council of United Nation Organization. All the members of the United Nation is the party to the International Court of Justice & if there is the representative of one party of a dispute, then to balance the decision ICJ appoint Adhoc Judge for that particular case of another party. The working language of the International Court of Justice is English and French.

History of International Court of Justice –

Formation of United Nation Organization after World war- II is the reason of the formation of the International Court of Justice which is the organ of United Nation. Earlier there was Permanant Court of International Justice which was the organ of the League of Nation before World War-II,  which was influenced by the England. After World War-II whole European countries with England economically weaken but United State of America economically benefited by World War-II.

After World War-II whole scenario was changed and United State of America became financially and politically very powerful. The formation of the United Nation of Organization was influenced by major five countries which is a permanent member of the Security Council. America, France, Russia, China & England they are having Vito power which can be overruled any decisions of United nation or its various Organs. So in 1945 International Court of Justice was established through the Sanfrancisco Conference.

International Court of Justice was replaced by the Permanent Court of International Justice(PCIJ) , most of the staff of PCIJ was continued by the International Court of Justice. Earlier there was the influence of European Countries over PCIJ but after the formation of ICJ that influence was broken down by the International Court of Justice. The Judges of PCIJ was all resigned and on 31 January 1946 and first member of the International Court of Justice took place on 6 February 1946.

How International Court of Justice works –

The International Court of Justice composed of 15 Judges which is elected for nine years through General Assembly and Security Council of United Nation. There is provision of Adhoc Judges while disputes between two parties where there is now Judge of that country. There provision of electing five judges every three years to maintain continuity in the Internationa Court of Justice. There is provision in ICJ that no two Judges of the same countries at the 15 Judge’s appointment

To maintain representation in the International Court of Justice there is quota system to appoint the Judges as per the geographical base. So the western countries have 5 Judges representation, three seats for African countries, two seats for the eastern Europe, three seats for Asian states, two seats for Latin America and Caribbean countries. There is five permanent members of the security council, which has always represented in the International Court of Justice.

In the International Court of Justice member countries can file the case to ICJ, there is major two works of the ICJ, which is the disputes between two states and advisory opinions. Even though China is the permanent member of the security council, but the don’t have representation in ICJ for 1967-1985 after 2017 England has not represented their member in the ICJ. Therefore, there is no permanent members in the ICJ, but it is recommended through Ministrery of Foreign Affairs or the Abassidors of that country.

International Court of Justice & United Nation Organization –

International Court of Justice is the organ of United Nation Organization, which was formed after world war-II the base of the International Court of Justice is the Permanent Court of International Justice formed by the League of Nation. The International Court of Justice is formed by United Nation to establish the judicial system for world level to avoid war.

The appointment of 15 Judges to the International Court of Justice is done through the General Assembly and security council. Therefore the International Court of Justice is the most important organ of the United Nation of Organization whose work is to solve the disputes between two states who is a member of the United Nation. United Nation charter article 92-96 are  given for the International Court of Justice.

All the members of the United Nation Organization are ipso facto parties to the statute of the International Court of Justice. All the organ of the United Nation is taking the legal advisory opinions from the International Court of Justice and International Court of Justice also work with the Human Rights Council. The International Court of Justice is the most important organ of the United Nation Organization and all the judicial works done with the ICJ  with the International Law.

International Court of Justice & Human Rights –

After the formation of United Nation Organization in 1946 where democracy didn’t  form in most of the countries of the world and there was human rights issue are in exist in the world. The United Nations Commission on Human Rights replaced by Human Right Council in 2006 .The Trustee sheep Council is an organization which was formed by United Nation to established democracy in the most of the countries in that time and in 1994 this organization was dissolved.

Human rights issues are very crucial problem in the world, but who will take initiatives about this because those states violates the human rights are mostly the government of that state. Who has a right to go to the International Court of Justice so to give the justice to the people of that country is very difficult because to go to The International Court of Justice there is only member countries have the right to file the case.

The International Court of Justice recognized the human rights in 1950 and International Human rights law came into existence in 1945. International Court of Justice can give the legal advice to the organ of United Nation Organization. Its approach towards the importance of Human rights in decision making although there is weakness in the International Court of Justice law  only member states can approach to the International Court of Justice.

Critical Analysis of International Court of Justice –

As we have seen earlier that to protect the human rights of the people of the world has a limitation to the International Court of Justice. As any country has their own Judiciary system with their own mechanism and machinery to execute the decisions given by the court. In the International Court of Justice machinery is established through member countries of the United Nation Organization.

United Nation Organization got their major funding from America and European countries, therefore we can see the influence of America on United Nation or International Court of Justice. Most of the time decisions of the International Court of Justice execution or implementation is very difficult because their machinery not capable as compared to state Judicial machinery.

International Court of Justice is the organ of United Nation so only member states have the authority to go to the International Court of Justice & any internal human violation incidence or undemocratic rule cannot be entertained in the International Court of Justice which is the failure of the International Court of Justice. After world war – II formation of United Nation and International Court of Justice despite of that proxy was happening between the United States of America and Russia & last 30 years terrorism is also the major factor of violence in the world.

Features of International Court of Justice –

  • The first Institution established for the purpose of settling disputes of Internationally so Permanent Court of Arbitration was established, which was created by Hague Peace Conference 1899.
  • Permanent Court of International Justice was established after world war – i through Paris Peace Conference 1919 which replaced after the formation of United Nation and International Court of Justice.
  • In the International Court of Justice 15 Judges are elected through General Assembly and Security Council of the United Nation Organization.
  • The Judges of the International Court of Justice are elected for nine years and every three years five Judges elected.
  • The member countries of the United Nation are the part of the International Court of Justice and disputes between these nations are entertained by the ICJ.
  • The representatives of the member countries of the United Nation are elected as Judges in International Court of Justice and there was quota system are established to geographical ways to represent the judges.
  • In the International Court of Justice only one Judge is elected for any member country and there is ad hoc judges elected in special cases.
  • The International Court of Justice is the Judicial system of the world and its work is to solve the dispute between two states and give the advisory opinion to the organ of the United Nation Organization.
  • The International Court of Justice has not a machinery as like any state has and all the member countries produce the representatives to the ICJ.
  • Security Council’s permanent members have the representatives in the International Court, but currently England has no representative in the ICJ and China had not given representative to ICJ many years.

Conclusion –

As we have seen the importance of the International Court of Justice to keep peace in the world after world war -II, but proxy wars and terrorism is the new problems world are facing today.  The International Court of Justice has not become as effective as we want because the influence of few powerful countries on the United Nation and their contradictory behavior towards other countries in the world.

The International Court of Justice has the jurisdiction of the world and member countries are the parties to the court if any dispute raise with them. So the internal problem of any country cannot be entertained in the International Court and there is limited on ICJ for human rights establishment in the world. If any disputes of internal state has can be taken by other state, then this issue can be entertained by the ICJ.

In this article we have seen the history of the International Court of Justice and its structure in the details and we have also explained above the failures of the ICJ like the protection of Human rights and emergence of proxy war and terrorism which cost millions of life and money to the world. The International law and treaties are the main documents for solving the disputes of two states in the International Court of Justice. So here we tried to explain in details about the International Court of Justice.

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