Mirza Mohammad Rifat.:International Court of Justice (ICJ)

International Court of Justice (ICJ)

Introduction:

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was established in June 1945 by the Charter of the United Nations and began work in April 1946. All members of the United Nations are the members of the Statute of the International Court of Justice.

Composition of ICJ:

The Court is composed of 15 judges. They are elected by the United Nations General Assembly and by the Security Council separately. These judges are elected for a terms of nine years and can be re-elected after the expiry of there term. All decisions of the court are made on the basis of majority of the judges who have heard the particular case. The judges elected regardless of their nationality among persons of high moral character, who are either qualified for the highest judicial office in their home states or known as lawyers with sufficient competence in international law.

Law applied by International Court of Justice:

According to article 38 of the ICJ Statute:

1. When any legal disputes submitted before the court then the court shall settle disputes in accordance with the international law:

v  International conventions expressly recognized by the contesting states.

v  International custom, as evidence of a general practice accepted as law.

v  Principles of law recognized by civilized nations.

v  Judicial decisions or the works of jurist etc.

2. This provision shall not prejudice the power of the Court to decide a case if the party agrees thereto.

Jurisdiction of International Court of Justice:

The International Court of Justice acts as a world court. International Court of Justice is open for all states of the world. The Court has a dual jurisdiction in accordance with international law.

1. Contentious jurisdiction.
2. Advisory jurisdiction.

Contentious jurisdiction:

Where the dispute is legal in nature between States then the Court may apply contentious jurisdiction. State members of the UN and other States which have become parties to the Statute of the Court or which have accepted its jurisdiction under certain conditions may come under the contentious jurisdiction of the court. The contentious jurisdiction may be divided in to the following TWO heads.

1. Voluntary jurisdiction.
2. Optional jurisdiction.

Voluntary jurisdiction: The Court has jurisdiction over all such cases which the parties refer to it and also that mater specifically mentioned in the Charter of the UN or under International Treaties. These types of jurisdiction is called voluntary jurisdiction.

Optional jurisdiction: The States parties to the Statute may confer compulsory jurisdiction upon the Court at any time by declaration in relation to any other State accepting the same obligation (made a similar declaration). The States parties may confer compulsory jurisdiction concerning:

1. The interpretation of a treaty.
2. Any question of international law.

Advisory jurisdiction:

The Court may give an advisory opinion on any legal question at the request of five organs of the United Nations and to 17 specialized agencies of the United Nations family. The Court may also give an advisory opinion upon any dispute or question referred to it the UN General Assembly and Security Council. However individual states have no power to request ICJ to call for an advisory opinion.

The court is never under duty to give an advisory opinion upon request but does not refuse to give opinion on any legal question relating to principle of ICJ. The court may refuse to give an advisory opinion in certain cases:

1. Where the opinion express likely to cause serious political problems.
2. Where adequate information has not been tendered to the court on that issue.

Enforcement of Judgment of ICJ:

Each members of the UN are complying with the decision of the ICJ in any case to which it is a party. A state which is not member of the UN but a party to the statute is also bound to comply with the decision of the ICJ in any case to which it is a party. If a party to the dispute fails to perform the obligation contained in the judgment, the other party may bring the matter before the Security Council. Then the Security Council will make recommendation or to decide taken measures to give effect to the judgment of the court. If Security Council wants to taken measures in such situation decision may be taken by nine affirmative votes with the votes of 5 permanent members. The measures shall include the following:

1. Excluded voting rights of the parties from the General Assembly.
2. Imposed economic embargo etc.

Note: States which are permanent members of the Security Council can prevented the enforcement of the judgment by its veto. So decision of the ICJ can not be enforcement against a permanent member of the Security Council.

Revision of a judgment:

An application for revision of a judgment may be made only when it is based upon the discovery of some fact i.e.  Judgment was given on the basis of a decisive factor or a new fact which was unknown to the Court and also to the party due to ignorance. A request for revision is admissible on the above ground and court shall open for revision if the application made at latest within 6 months of the discovery of the new fact but no application for revision may be made after the lapse of 10 years from the date of the judgment.

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