Note4Students
From UPSC perspective, the following things are important :
Prelims level: International Court of Justice (ICJ)
Mains level: Read the attached story
Introduction
- The International Court of Justice (ICJ), the highest judicial body of the United Nations, has recently been in the spotlight due to South Africa’s case accusing Israel of genocide in Gaza.
About the International Court of Justice (ICJ)
| Details | |
| Role | Principal judicial organ of the United Nations (UN). |
| Establishment | Established in June 1945 by the Charter of the United Nations, began work in April 1946. |
| Predecessor | Successor to the Permanent Court of International Justice (PCIJ) established by the League of Nations. |
| Inaugural Sitting | Held its first sitting at the Peace Palace in The Hague, Netherlands, in February 1922. |
| Seat | Located at the Peace Palace in The Hague, Netherlands. |
| Jurisdiction | ICJ’s jurisdiction requires consent from both parties involved in a dispute. Its judgment is final and binding. |
| Judges | Comprises 15 judges elected to nine-year terms by the UN General Assembly and Security Council. |
| Official Languages | English and French. |
| India’s Representation | Four Indians have been members of the ICJ, including Justice Dalveer Bhandari, R S Pathak, Nagendra Singh, and Sir Benegal Rau. |
| Notable Indian Cases at ICJ |
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Enforcement Challenges
- Binding Rulings: ICJ decisions are legally binding, but they lack enforcement mechanisms, relying on the UN Security Council (UNSC) to enforce judgments.
- Political Influence: Enforcement often falls victim to the politics of UNSC’s permanent members, as seen in potential vetoes by the US, Israel’s strong ally.
Challenges to Efficacy
- Non-Participation: Powerful states may refuse to participate in ICJ proceedings, making compliance difficult. For instance, Russia declined to submit to the court’s jurisdiction during Ukraine-Russia conflict hearings.
- Bureaucratic Delays: The ICJ’s slow bureaucratic process leads to years-long trials and judgments, making justice delayed justice denied.
ICJ’s Relevance
- Expanding Jurisdiction: The ICJ now handles diverse international law areas, including human rights and environmental violations, furthering the participation of states through dispute settlement clauses.
- Successful Reparations: The court’s rulings on reparations, such as Uganda’s payment to the Democratic Republic of the Congo, demonstrate its impact.
- Advisory Role: The ICJ’s advisory opinions contribute to peaceful conflict resolution, as seen in its opinions on nuclear weapons and the Israeli-Palestinian wall.
Niche Position
- Amid New Courts: Despite the emergence of new international courts and tribunals, the ICJ maintains a unique place in international judicial adjudication.
- Fragmentation Concerns: Coexisting courts raise concerns about potential contradictions in rulings and the fragmentation of international law.
- Guardian of World Order: The ICJ serves as a last resort when diplomacy fails, safeguarding the interests of the World Court.
Conclusion
- The ICJ, with its rich history and evolving role in international law, faces challenges in enforcing its rulings and ensuring swift justice.
- However, its expanding jurisdiction, successful reparations, and advisory role in peaceful conflict resolution demonstrate its continued relevance.
- Striking a balance between centralization and decentralization in international judicial adjudication will be crucial to upholding the integrity of the World Court.
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