International Court of Justice

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Zorgvliet, 2517 The Hague, Netherlands - panoramio (13)

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International Court of Justice parties

File:Eerste na-oorlogse zitting van het Internationaal Hof van Justititie Weeknummer 48-09 - Open Beelden - 30541.ogv

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Grand Hall de Justice de Palais de La Paix à La Haye Pays-Bas

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ICJ South Africa v. Israel (Genocide Convention)

International Court of Justice (ICJ), also known as the World Court, is the principal judicial organ of the United Nations (UN). Established in 1945 by the Charter of the United Nations, the Court began its activities in 1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands). It operates under a dual role: firstly, to settle, in accordance with international law, legal disputes submitted by states, and secondly, to give advisory opinions on legal questions referred to it by authorized international organs and agencies.

Mandate and Jurisdiction

The ICJ's mandate and jurisdiction are outlined in the Statute of the International Court of Justice, which is an integral part of the United Nations Charter. All 193 UN member states are automatically parties to the Court's statute. The ICJ has a dual jurisdiction: it decides cases of a legal nature that are submitted to it by states (contentious cases) and gives advisory opinions on legal questions referred to it by duly authorized international organs and agencies.

Contentious Cases

In contentious cases, the ICJ settles disputes of a legal nature that are submitted to it by states. Only states may be parties in contentious cases. The Court's judgments are binding on the parties involved and cannot be appealed. If a state fails to comply with a judgment, the issue may be taken to the Security Council of the United Nations.

Advisory Opinions

The Court may also give advisory opinions on legal questions referred to it by international organs and agencies authorized for this purpose. While advisory opinions are not binding, they are influential and can contribute to the development of international law.

Composition

The Court is composed of 15 judges elected to nine-year terms by the United Nations General Assembly and the Security Council, voting independently. Judges are elected from a list of persons nominated by the national groups in the Permanent Court of Arbitration. To ensure a measure of continuity, one third of the Court is elected every three years. Judges of the Court must possess the highest qualifications, from among persons of high moral character, who possess the qualifications required in their respective countries for appointment to the highest judicial offices.

Procedure

The ICJ follows a set procedure for hearing and deciding cases. Proceedings include a written phase, in which the parties state their case in writing, and an oral phase, consisting of public hearings at which agents and counsel address the Court. After the oral proceedings, the Court deliberates in private and then delivers its judgment, which is final and without appeal.

Significance

The ICJ plays a crucial role in the peaceful resolution of international disputes and the development of international law. Its judgments and advisory opinions serve as sources of international law and contribute to its evolution. The Court's work thus promotes international peace and security, in line with the principles of the United Nations.

Challenges

Despite its importance, the ICJ faces challenges, including the voluntary nature of its jurisdiction and the fact that states must consent to be bound by its decisions in contentious cases. This has led to criticisms regarding the Court's effectiveness and its ability to enforce international law uniformly.