Full Details about the International Court of Justice
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Introduction to the International Court of Justice UPSC
Welcome to PreCrack! Recently, the UN’s Top Court, Means International Court of Justice has ordered the Israel to halt their military operation in Rafah. Nowadays, we all have seen the the social media Posts & many other platform sharing a AI Generated Image with writing of #AllEyesOnRafah
As an UPSC Aspirant, We can look for something that helps us for our UPSC Exam Preparation. And, the thing we can use is, before Israel attacked the Rafah, it was ordered to stop their military operation by International Court of Justice. Today, we will know everything about the International Court of Justice in detail.
If you are also here to know all the related details about International Court of Justice, then read this blog to the end. This blog will also help you with your UPSC CSE Exam Preparation.
So, let’s start-
Read Also | What is International Criminal Court?
Why is the International Court of Justice UPSC in the news? – UPSC Current Affairs 2024
The International Court of Justice (ICJ) is making headlines due to its recent ruling ordering Israel to immediately halt military operations in Rafah, Gaza, as part of a case brought by South Africa accusing Israel of genocide. The court’s decision carries significant international implications, especially concerning the ongoing conflict in the region and the protection of civilians.
This highlights the ICJ’s role as the principal judicial organ of the United Nations and underscores its authority in adjudicating disputes between states and issuing legally binding decisions. The ruling underscores the importance of international law and the pursuit of peace and justice.
Source – Indian Express
Complete Details about International Court of Justice UPSC – ICJ UPSC
We have added all the details about the International Court of Justice below. These details will also help you to prepare for your UPSC Civil Service Exam Preparation.
What is International Court of Justice (ICJ)? – Brief Introduction about ICJ UPSC
The International Court of Justice (ICJ), established in 1945, is the principal judicial organ of the United Nations (UN). Located in The Hague, Netherlands, it settles legal disputes between states and issues advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies.
Comprising 15 judges elected by the UN General Assembly and the Security Council for nine-year terms, the ICJ operates on the basis of the Statute of the Court. Its jurisdiction covers a wide range of international legal issues, including territorial disputes, state responsibility, human rights, and international treaties.
While its decisions are legally binding on the parties involved, the ICJ lacks direct enforcement power and relies on the cooperation of states to implement its rulings. Nonetheless, the ICJ plays a crucial role in promoting the rule of law, peaceful settlement of disputes, and upholding international justice and accountability.
History / Background of ICJ
The history of the international court of justice has been started from an Idea of setting up an institution that can help countries to solve some international disputes as Permanent Court of Arbitration. This institution was the result of Hague Peace Conference, which was organized at Hague, Netherlands.
However, we can understand the complete making or history of International Court of Justice y following points:
Origins in the Permanent Court of Arbitration (PCA)
- The PCA was established by the Hague Peace Conference of 1899, providing a framework for arbitral proceedings.
- It was supported by a permanent bureau and involved appointing arbitrators from a larger pool provided by member states.
Development at the Hague Peace Conferences
- The second Hague Peace Conference in 1907 revised arbitration rules, and proposals for a full-time court with elected judges emerged.
- The Central American Court of Justice, established in 1908, was influenced by these ideas.
Creation of the Permanent Court of International Justice (PCIJ)
- Post-World War I, the League of Nations established the PCIJ in 1920 to resolve international disputes.
- The PCIJ’s Statute resolved issues like judge selection and emphasized representation of legal systems worldwide.
- It was based in The Hague alongside the PCA, with public proceedings and a permanent registry.
PCIJ’s Contributions and Decline
- The PCIJ dealt with numerous interstate disputes and advisory opinions, contributing to the development of international law.
- The United States played a role in its establishment but never joined.
Transition to the International Court of Justice (ICJ)
- Growing tension pre-World War II led to PCIJ’s decline, with its last session held in 1939.
- Allied Powers supported establishing a new court post-war, leading to the drafting of ICJ’s statute during the San Francisco Conference in 1945.
Establishment of the ICJ
- PCIJ dissolved in 1946, transferring archives to the ICJ, which held its inaugural public sitting in April.
- José Gustavo Guerrero of El Salvador was elected as the first President.
- The ICJ’s first case, involving the UK and Albania, was submitted in May 1947.
Composition of ICJ
The International Court of Justice (ICJ) is composed of 15 judges who are elected for nine-year terms by the United Nations General Assembly and the Security Council. These judges are chosen from a list of individuals nominated by the national groups in the Permanent Court of Arbitration. The judges serve on a full-time basis and are expected to be independent and impartial in their duties.
1. Number of Judges
- The ICJ consists of 15 judges in total.
2. Election Process
- Judges are elected by the United Nations General Assembly and the Security Council.
- Each member of the UN General Assembly and Security Council can nominate candidates for the ICJ judgeship.
3. Term Length
- Judges serve 9-year terms.
4. Rotation
- Every three years, one-third of the judges are elected, ensuring continuity and stability.
5. Geographical Representation
- The ICJ aims for equitable geographical representation among its judges.
- The judges come from different regions of the world to ensure diversity.
6. Qualifications
- Judges must possess the highest moral character and integrity.
- They must have recognized competence in international law.
7. Independence
- Judges are expected to act impartially and independently.
- They cannot represent their governments during their term on the ICJ.
8. President
- The ICJ elects a President and Vice-President among its judges.
- The President presides over the court’s sessions and represents it in its relations with other organs of the United Nations.
9. Registrar
- The Registrar of the ICJ is responsible for the administration of the court.
- They oversee the court’s day-to-day operations and maintain its records.
10. Ad Hoc Judges
- In cases where one of the parties to a case is not represented on the bench, that party can appoint an ad hoc judge to sit for that case.
- Ad hoc judges must meet the same qualifications as regular judges.
11. Judges’ Nationality
- The judges may not be of the same nationality.
- This ensures a broad representation of different legal systems and cultures on the bench.
Key Organs of ICJ
The International Court of Justice (ICJ) has several key organs that play crucial roles in its functioning. Here are the main organs:
1. Plenary Court
- The Plenary Court refers to the entire body of judges sitting together to hear cases and render judgments.
- It convenes for oral arguments, deliberations, and the issuance of judgments and advisory opinions.
2. Chamber Proceedings
- The ICJ can form smaller chambers to handle specific cases.
- These chambers consist of a subset of the court’s judges and are typically used for procedural matters, preliminary objections, or specific issues within a case.
3. President
- The President of the ICJ presides over its sessions and represents the court in its relations with other UN organs and external entities.
- The President’s role includes managing the court’s proceedings, maintaining order, and ensuring adherence to the ICJ’s rules and procedures.
4. Registrar
- The Registrar is the chief administrative officer of the ICJ.
- They are responsible for the day-to-day operations of the court, including managing its registry, maintaining records, and coordinating communications with parties to cases.
5. Parties to Cases
- The parties to a case before the ICJ are the states involved in the dispute.
- They present arguments, evidence, and legal submissions to the court through their representatives.
6. Ad Hoc Judges
- In cases where one of the parties to a dispute is not represented on the bench, that party has the right to appoint an ad hoc judge to sit for that case.
- Ad hoc judges must meet the same qualifications as regular ICJ judges and participate fully in the proceedings.
7. Legal Staff
- The ICJ employs a team of legal advisors and assistants to support the judges in their work.
- These professionals conduct legal research, draft documents, and provide other assistance as needed during the court’s proceedings.
8. General Assembly and Security Council
- While not internal organs of the ICJ, the General Assembly and Security Council of the United Nations play essential roles in the selection of ICJ judges and in matters relating to the court’s jurisdiction and mandate.
- These key organs work together to ensure the effective operation of the ICJ and the fair and impartial resolution of international disputes in accordance with international law.
Objectives of the ICJ
These are the key objectives of ICJ:
- ICJ sets legal disputes between states in accordance with international law.
- ICJ provides the advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies.
- ICJ Promotes the peaceful settlement of disputes to contribute to international peace and security.
- ICJ interprets and developes international law through its decisions and advisory opinions.
- ICJ fosters therespect for international law among states and the international community.
- ICJ ensures the equal access to justice for states regardless of their size, wealth, or power.
- ICJ enhances the legal certainty and predictability in international relations.
- ICJ upholds the rule of law and promoting adherence to international legal norms.
- ICJ clarify the legal principles and norms governing relations between states.
- ICJ contributes to the development of a rules-based international order.
- ICJ strengthens the principle of sovereign equality among states.
- ICJ serves as a forum for states to resolve disputes peacefully and maintain stability in interstate relations.
Features & Functions of ICJ
The International Court of Justice (ICJ) possesses several distinctive features and functions that distinguish it as the principal judicial organ of the United Nations. Here’s an overview:
Features of the International Court of Justice
- Permanent Judicial Body: Unlike ad hoc tribunals, the ICJ is a permanent international court established by the United Nations Charter.
- Universal Jurisdiction: The ICJ has jurisdiction over all states that are parties to its Statute, enabling it to adjudicate disputes between any member states of the United Nations.
- Advisory Function: In addition to resolving disputes between states, the ICJ provides advisory opinions on legal questions referred to it by authorized UN organs and agencies.
- Binding Decisions: The ICJ’s judgments and advisory opinions are legally binding on the parties involved in the case.
- Open Proceedings: The ICJ’s proceedings are generally open to the public, including oral arguments and the presentation of evidence, promoting transparency and accountability.
- Composition: The ICJ consists of 15 judges elected by the UN General Assembly and Security Council, ensuring representation from different regions and legal systems.
Functions of the International Court of Justice
- Dispute Resolution: The primary function of the ICJ is to settle legal disputes between states, including disputes over territory, maritime boundaries, treaty interpretation, and state responsibility.
- Interpretation of Treaties: The ICJ interprets treaties and agreements between states, providing authoritative guidance on the application and scope of international legal obligations.
- Advisory Opinions: The ICJ provides advisory opinions on legal questions referred to it by UN organs and specialized agencies, offering expert guidance on matters of international law.
- Promotion of International Law: Through its judgments and advisory opinions, the ICJ contributes to the development and clarification of international law, fostering the peaceful resolution of disputes and the promotion of justice and fairness among nations.
- Guardian of Peace and Security: By resolving disputes peacefully and upholding the rule of law, the ICJ contributes to the maintenance of international peace and security, a core objective of the United Nations Charter.
- Enhancement of Diplomacy: The ICJ’s role in adjudicating disputes provides an alternative to political negotiations and diplomatic efforts, offering states a forum for resolving conflicts through legal means.
Role of the ICJ
The role of the International Court of Justice (ICJ) encompasses several essential functions within the framework of international law and diplomacy. Here’s an overview of its key roles:
1. Settling Legal Disputes
- One of the primary functions of the ICJ is to settle legal disputes between states.
- It hears cases brought before it by states regarding matters such as territorial disputes, maritime boundaries, treaty interpretation, and state responsibility.
- Through its judgments, the ICJ provides authoritative and binding resolutions to conflicts, contributing to the peaceful resolution of international disputes.
2. Interpreting International Law
- The ICJ plays a crucial role in interpreting and applying international law.
- It interprets treaties, agreements, and conventions between states, providing clarity on the rights and obligations of parties under international law.
- The ICJ’s interpretations serve as precedents and guide future actions and decisions in the international community.
3. Providing Advisory Opinions
- The ICJ offers advisory opinions on legal questions referred to it by authorized UN organs and agencies.
- These opinions provide expert guidance on matters of international law, helping to resolve legal uncertainties and inform the decisions of UN bodies and member states.
4. Promoting Peace and Security
- By resolving disputes peacefully and upholding the rule of law, the ICJ contributes to the maintenance of international peace and security.
- Its role in settling disputes and clarifying legal principles helps prevent conflicts and fosters stability among nations.
5. Developing International Law
- Through its judgments, advisory opinions, and interpretations, the ICJ contributes to the development and evolution of international law.
- It clarifies legal principles, fills gaps in existing laws, and adapts to the changing needs and challenges of the international community.
6. Fostering Diplomatic Relations
- The ICJ provides a forum for states to resolve disputes through legal means, reducing the reliance on political negotiations and diplomatic channels.
- Its impartial and independent adjudication of disputes enhances trust and confidence among states, strengthening international relations.
7. Upholding Human Rights and Justice
- The ICJ plays a role in upholding human rights and justice by addressing violations of international law and holding states accountable for their actions.
- Its judgments contribute to the protection of human rights and the promotion of justice on a global scale.
Powers of ICJ
The International Court of Justice (ICJ) holds several powers integral to its role as the principal judicial organ of the United Nations and the guardian of international law. Here are the key powers of the ICJ:
1. Adjudicative Power
- The ICJ has the authority to adjudicate legal disputes between states brought before it.
- It renders binding judgments on matters such as territorial disputes, maritime boundaries, treaty interpretation, and state responsibility.
2. Compulsory Jurisdiction
- The ICJ has compulsory jurisdiction over disputes between states that have accepted its jurisdiction.
- States that have ratified the ICJ’s Statute are bound to submit to its jurisdiction in disputes involving interpretation or application of international law.
3. Interpretative Power
- The ICJ interprets treaties, agreements, and conventions between states, providing authoritative guidance on the rights and obligations of parties under international law.
- Its interpretations serve as precedents and guide future actions and decisions in the international community.
4. Advisory Power
- The ICJ provides advisory opinions on legal questions referred to it by authorized UN organs and agencies.
- While advisory opinions are non-binding, they carry significant weight and provide expert guidance on matters of international law.
5. Enforcement Power
- The ICJ lacks direct enforcement power, but its judgments are binding on the parties involved.
- States are expected to comply with ICJ rulings in good faith, and failure to do so may lead to reputational damage and diplomatic consequences.
6. Review Power
- The ICJ has the authority to review and assess the legality of actions taken by states under international law.
- It evaluates state conduct and holds states accountable for violations of international obligations, including human rights violations and breaches of international treaties.
7. Promotional Power
- Through its judgments, advisory opinions, and interpretations, the ICJ promotes the rule of law, peace, and stability in the international community.
- It fosters the development and evolution of international law, contributing to the resolution of disputes and the advancement of justice and human rights worldwide.
8. Diplomatic Power
- The ICJ provides a forum for states to resolve disputes peacefully through legal means, reducing reliance on political negotiations and diplomatic channels.
- Its impartial and independent adjudication enhances trust and confidence among states, strengthening international relations and cooperation.a
Jurisdiction of ICJ
The jurisdiction of the International Court of Justice (ICJ) defines the scope of legal authority and types of cases that the court can adjudicate. Here are the main aspects of the ICJ’s jurisdiction:
1. Compulsory Jurisdiction
- The ICJ’s compulsory jurisdiction applies to cases involving disputes between states that have accepted its jurisdiction.
- States that are parties to the ICJ Statute are bound to submit to its jurisdiction in disputes concerning the interpretation or application of international law.
- When states recognize the ICJ’s compulsory jurisdiction, they agree to abide by its judgments in disputes brought before the court.
2. Voluntary Jurisdiction
- In addition to compulsory jurisdiction, the ICJ also has voluntary jurisdiction.
- States may consent to the ICJ’s jurisdiction on a case-by-case basis by submitting disputes to the court through special agreements or compromissory clauses in treaties.
3. Contentious Cases
- The ICJ has jurisdiction over contentious cases, which involve legal disputes between states.
- These cases can cover a wide range of matters, including territorial disputes, maritime boundaries, state responsibility, and interpretation of treaties.
4. Advisory Jurisdiction
- The ICJ provides advisory opinions on legal questions referred to it by authorized UN organs and agencies.
- While advisory opinions are non-binding, they offer expert guidance on matters of international law and can assist UN bodies and member states in making informed decisions.
5. Limitations on Jurisdiction
- The ICJ’s jurisdiction is not absolute and is subject to certain limitations.
- For example, the ICJ cannot adjudicate disputes between states that have not consented to its jurisdiction or cases involving the domestic affairs of states.
- Additionally, the ICJ may decline to exercise jurisdiction if it determines that the dispute is not within its competence or if there are procedural obstacles to hearing the case.
6. Interpretation of Treaties
- The ICJ has jurisdiction to interpret treaties and agreements between states.
- States can refer disputes over the interpretation or application of treaties to the ICJ for resolution, seeking clarity on their rights and obligations under international law.
7. Human Rights Jurisdiction
- While the ICJ primarily deals with disputes between states, it may also have jurisdiction over cases involving human rights violations if they are brought before the court by states or authorized UN bodies.
- However, the ICJ’s jurisdiction in human rights cases is often limited, and other international tribunals, such as the International Criminal Court (ICC), may have primary jurisdiction in such matters.
About the Judges of ICJ
Here’s a comprehensive overview of the judges of the International Court of Justice (ICJ), including their qualifications, appointment procedure, terms, removal, and other relevant details:
1. Qualifications of Judges
- Highest Moral Character: Judges must possess the highest moral character and integrity.
- Recognized Competence in International Law: They should have recognized competence in international law, demonstrated through academic qualifications, professional experience, and expertise in the field.
2. Appointment Procedure
A. Election by the United Nations General Assembly and Security Council
- Judges are elected by the United Nations General Assembly and the Security Council.
- Each member of the UN General Assembly and Security Council can nominate candidates for the ICJ judgeship.
B. Simple Majority Vote
- Judges are elected by a simple majority vote in both the General Assembly and the Security Council.
- Candidates who receive a majority of votes in both organs are elected to the ICJ.
3. Terms
A. Nine-Year Terms
- Judges serve a single term of nine years.
- The terms are staggered, with one-third of the judges elected every three years.
B. Continuity and Stability
- Staggered terms ensure continuity and stability within the court.
- The rotation of judges allows for the retention of experienced members while also facilitating the introduction of new perspectives.
4. Removal and Resignation
A. Completion of Term
- Judges serve their full nine-year term unless they resign or are removed from office.
- Upon completion of their term, judges may be re-elected for additional terms if they choose to stand for re-election.
B. Resignation
- Judges may resign from their position on the ICJ for personal or professional reasons.
- Resignations must be submitted in writing to the President of the ICJ and become effective upon acceptance by the court.
C. Removal for Incapacity or Misconduct
- Judges may be removed from office if they are found to be incapacitated or guilty of misconduct.
- The removal process is initiated by a joint request from both the President of the ICJ and the Secretary-General of the United Nations.
- The decision to remove a judge requires a two-thirds majority vote in both the General Assembly and the Security Council.
5. Composition and Representation
A. Diverse Representation
- The ICJ consists of 15 judges in total, ensuring representation from different regions and legal systems around the world.
- The composition of the court reflects the diversity of the international community and promotes impartiality and fairness in its decisions.
B. Geographical Distribution
- Judges are elected to the ICJ with due regard to equitable geographical distribution.
- The court aims to include judges from various regions to ensure a broad representation of different legal traditions and cultural backgrounds.
6. Independence and Impartiality
A. Independence of Judges
- Judges of the ICJ are expected to act impartially and independently in the performance of their duties.
- They are prohibited from representing their governments or engaging in any activities that may compromise their impartiality.
B. Judicial Ethics
- Judges adhere to strict ethical standards and codes of conduct, ensuring the integrity and impartiality of their decisions.
- They are bound by the principles of judicial ethics and professionalism in their interactions within and outside the court.
7. Role and Responsibilities
A. Adjudication of Disputes
- Judges of the ICJ adjudicate legal disputes between states brought before the court.
- They analyze the facts, interpret international law, and render judgments that are binding on the parties involved.
B. Advisory Opinions
- Judges provide advisory opinions on legal questions referred to the ICJ by authorized UN organs and agencies.
- They offer expert guidance on matters of international law, helping to resolve legal uncertainties and inform decision-making.
8. Registrar and Legal Staff
A. Registrar
- The Registrar of the ICJ is responsible for the administration of the court.
- They oversee the court’s day-to-day operations, maintain its records, and coordinate communications with parties to cases.
B. Legal Staff
- The ICJ employs a team of legal advisors and assistants to support the judges in their work.
- These professionals conduct legal research, draft documents, and provide other assistance as needed during the court’s proceedings.
9. Overall Significance
A. Central Role in International Law
- Judges of the ICJ play a central role in the development and application of international law.
- Their decisions and opinions contribute to the resolution of disputes, the interpretation of treaties, and the promotion of justice and peace in the international community.
B. Guardians of the Rule of Law
- As guardians of the rule of law, judges uphold the principles of justice, fairness, and equality among nations.
- They ensure the peaceful settlement of disputes and the adherence to international legal norms.
Member Countries of ICJ
We have added a complete list of 194 member countries of ICJ below:
Column 1 | Column 2 | Column 3 |
Afghanistan | Guinea-Bissau | Poland |
Albania | Guyana | Portugal |
Algeria | Haiti | Qatar |
Andorra | Honduras | Republic of Korea |
Angola | Hungary | Republic of Moldova |
Antigua and Barbuda | Iceland | Romania |
Argentina | India | Russian Federation |
Armenia | Indonesia | Rwanda |
Australia | Iran (Islamic Republic of) | Saint Kitts and Nevis |
Austria | Iraq | Saint Lucia |
Azerbaijan | Ireland | Saint Vincent and the Grenadines |
Bahamas | Israel | Samoa |
Bahrain | Italy | San Marino |
Bangladesh | Jamaica | Sao Tome and Principe |
Barbados | Japan | Saudi Arabia |
Belarus | Jordan | Senegal |
Belgium | Kazakhstan | Serbia |
Belize | Kenya | Seychelles |
Benin | Kiribati | Sierra Leone |
Bhutan | Kuwait | Singapore |
Bolivia (Plurinational State of) | Kyrgyzstan | Slovakia |
Bosnia and Herzegovina | Lao People’s Democratic Republic | Slovenia |
Botswana | Latvia | Solomon Islands |
Brazil | Lebanon | Somalia |
Brunei Darussalam | Lesotho | South Africa |
Bulgaria | Liberia | South Sudan |
Burkina Faso | Libya | Spain |
Burundi | Liechtenstein | Sri Lanka |
Cabo Verde | Lithuania | Sudan |
Cambodia | Luxembourg | Suriname |
Cameroon | Madagascar | Sweden |
Canada | Malawi | Switzerland |
Central African Republic | Malaysia | Syrian Arab Republic |
Chad | Maldives | Tajikistan |
Chile | Mali | Thailand |
China | Malta | The former Yugoslav Republic of Macedonia |
Colombia | Marshall Islands | Timor-Leste |
Comoros | Mauritania | Togo |
Congo | Mauritius | Tonga |
Costa Rica | Mexico | Trinidad and Tobago |
Côte d’Ivoire | Micronesia (Federated States of) | Tunisia |
Croatia | Monaco | Turkey |
Cuba | Mongolia | Turkmenistan |
Cyprus | Montenegro | Tuvalu |
Czech Republic | Morocco | Uganda |
Democratic People’s Republic of Korea | Mozambique | Ukraine |
Democratic Republic of the Congo | Myanmar | United Arab Emirates |
Denmark | Namibia | United Kingdom of Great Britain and Northern Ireland |
Djibouti | Nauru | United Republic of Tanzania |
Dominica | Nepal | United States of America |
Dominican Republic | Netherlands | Uruguay |
Ecuador | New Zealand | Uzbekistan |
Egypt | Nicaragua | Vanuatu |
El Salvador | Niger | Venezuela (Bolivarian Republic of) |
Equatorial Guinea | Nigeria | Viet Nam |
Eritrea | Norway | Yemen |
Estonia | Oman | Zambia |
Eswatini | Pakistan | Zimbabwe |
Ethiopia | Palau | |
Fiji | Panama | |
Finland | Papua New Guinea | |
France | Paraguay | |
Gabon | Peru | |
Gambia | Philippines | |
Georgia | Portugal | |
Germany | Qatar | |
Ghana | Republic of Korea | |
Greece | Republic of Moldova | |
Grenada | Romania | |
Guatemala | Russian Federation | |
Guinea | Rwanda |
Landmark Cases of ICJ
These are some of the major Landmark Cases of the International Court of Justice:
1. Corfu Channel Case (United Kingdom v. Albania, 1949)
- Summary: This was one of the first cases heard by the ICJ, involving the United Kingdom and Albania. The UK accused Albania of laying mines in the Corfu Channel, which resulted in damage to British warships.
- Outcome: The ICJ held Albania responsible for the mine-laying and ordered it to pay compensation to the UK. This case established important principles regarding state responsibility and the use of force.
2. South West Africa Cases (Ethiopia v. South Africa; Liberia v. South Africa, 1966)
- Summary: Ethiopia and Liberia brought cases against South Africa, challenging its continued mandate over South West Africa (now Namibia) and alleging that its policies violated international mandates and human rights.
- Outcome: The ICJ ruled in favor of South Africa, citing procedural reasons. The decision was controversial and criticized for its perceived lack of commitment to anti-colonialism and human rights.
3. Nicaragua v. United States (1986)
- Summary: Nicaragua accused the United States of supporting Contra rebels and mining Nicaraguan harbors in violation of international law.
- Outcome: The ICJ ruled in favor of Nicaragua, stating that the US had violated international law by supporting the Contras and mining harbors. The US refused to participate in the proceedings and did not comply with the ruling, but the case reaffirmed the principles of non-intervention and respect for sovereignty.
4. Lockerbie Case (Libya v. United States and Libya v. United Kingdom, 1992)
- Summary: Libya brought cases against the US and the UK regarding the bombing of Pan Am Flight 103 over Lockerbie, Scotland, claiming that their demands for extradition of Libyan nationals violated Libyan sovereignty.
- Outcome: The ICJ’s interim orders called for negotiations, but the case became moot after Libya eventually handed over the suspects for trial in a special Scottish court held in the Netherlands.
5. Bosnian Genocide Case (Bosnia and Herzegovina v. Serbia and Montenegro, 2007)
- Summary: Bosnia and Herzegovina accused Serbia and Montenegro of committing genocide during the Bosnian War (1992-1995).
- Outcome: The ICJ ruled that genocide had occurred in Srebrenica but did not find Serbia directly responsible for the genocide, though it was found to have violated the obligation to prevent genocide and to punish the perpetrators.
6. Pulp Mills on the River Uruguay (Argentina v. Uruguay, 2010)
- Summary: Argentina alleged that Uruguay had violated a bilateral treaty by constructing pulp mills on the Uruguay River, which forms the border between the two countries, without proper consultation.
- Outcome: The ICJ found that Uruguay had breached procedural obligations but did not find conclusive evidence of environmental harm. The ruling emphasized the importance of transboundary environmental impact assessments and cooperation.
7. Maritime Dispute (Peru v. Chile, 2014)
- Summary: Peru and Chile disputed their maritime boundary in the Pacific Ocean.
- Outcome: The ICJ established a new maritime boundary that divided the disputed area, granting Peru parts of the waters it claimed while also recognizing Chile’s claims. This case highlighted the role of the ICJ in resolving complex territorial disputes.
8. Whaling in the Antarctic (Australia v. Japan, 2014)
- Summary: Australia challenged Japan’s whaling program, claiming it violated international agreements on whaling.
- Outcome: The ICJ ruled that Japan’s whaling program was not for scientific purposes as claimed and ordered it to cease certain whaling activities. The case was significant for international environmental law and the protection of marine wildlife.
Achievements of ICJ
These are the key achievements of the ICJ:
- Peaceful Settlement of Disputes: The ICJ has facilitated the peaceful resolution of numerous disputes between states through its adjudicatory role. These disputes range from territorial and maritime boundaries to treaty interpretations and diplomatic matters.
- Development of International Law: Through its judgments and advisory opinions, the ICJ has contributed significantly to the development and clarification of principles and rules of international law. Its decisions serve as authoritative interpretations of international legal norms.
- Advisory Opinions: The ICJ provides advisory opinions on legal questions referred to it by UN organs and specialized agencies. These opinions offer guidance on complex legal issues and assist in the interpretation and application of international law.
- Promotion of Diplomacy: The ICJ encourages states to resolve their disputes through peaceful means, including negotiation, mediation, and arbitration. Its existence provides a forum for states to address grievances and seek legal remedies without resorting to conflict.
- Humanitarian Issues: The ICJ has addressed humanitarian issues in its jurisprudence, including cases related to human rights violations, genocide, and crimes against humanity. Its judgments contribute to the protection and promotion of human rights and the rule of law at the international level.
- Recognition of State Sovereignty: By upholding the principle of state sovereignty and the peaceful settlement of disputes, the ICJ fosters stability and cooperation among nations. Its decisions reinforce the importance of respecting international law and the rights of sovereign states.
Difference between ICJ & ICC (International Criminal Court)
However, we have added a comprehensive details about the difference between ICC and ICJ in our latest blog, You can read that if you want to read a complete details about the differences. Also, here, we have added some of the key differences between ICC and ICJ:
Aspect | International Court of Justice (ICJ) | International Criminal Court (ICC) |
Establishment | Established in 1945 as the principal judicial organ of the United Nations. | Established in 2002 as a permanent international court to prosecute individuals for genocide, war crimes, crimes against humanity, and aggression. |
Jurisdiction | Adjudicates disputes between states and provides advisory opinions on legal questions. | Prosecutes individuals accused of the most serious international crimes, regardless of their official capacity or affiliation. |
Nature of Cases | Handles disputes between states, including issues related to territorial boundaries, treaty interpretations, and diplomatic matters. | Focuses on prosecuting individuals for grave international crimes committed either within the territory of a state party or by nationals of a state party. |
Defendants | States are the parties involved in cases brought before the ICJ. | Individuals, including government officials, military leaders, and others, are prosecuted before the ICC. |
Legal Standard | Applies principles and rules of public international law to resolve disputes and render judgments. | Applies international criminal law, including statutes such as the Rome Statute, to establish individual criminal responsibility. |
Location | Headquartered in The Hague, Netherlands. | Also headquartered in The Hague, Netherlands. |
Composition | Consists of 15 judges elected by the UN General Assembly and the Security Council for nine-year terms. | Comprised of 18 judges elected by the Assembly of States Parties for nine-year terms. |
Applicable Law | Applies general principles of international law and treaties between states. | Applies the Rome Statute and other relevant international legal instruments governing international crimes. |
Immunities | States enjoy immunity from prosecution before the ICJ. | Individuals are not immune from prosecution before the ICC, although certain officials may have functional immunity. |
Role in Peace and Justice | Contributes to the peaceful settlement of disputes between states and the development of international law. | Enhances accountability for serious international crimes, promotes justice, and deters future atrocities. |
Interesting Facts about International Court of Justice
These are the major interesting facts we can have about the International Court of Justice:
- Oldest Judicial Arm of the UN: The ICJ, established in 1945, is the principal judicial organ of the United Nations and the oldest functioning international court.
- Successor to the PCIJ: The ICJ is the successor to the Permanent Court of International Justice (PCIJ), which was established in 1920 and dissolved in 1946.
- Location: The ICJ is located in the Peace Palace in The Hague, Netherlands, a building originally constructed to house the PCA and later also accommodating the PCIJ and ICJ.
- Diverse Representation: The court comprises 15 judges from different countries, ensuring representation of the world’s principal legal systems and geographical regions.
- Judges’ Terms: Judges serve nine-year terms and can be re-elected. They are elected by the United Nations General Assembly and the Security Council, voting simultaneously but independently.
- Languages: The ICJ operates in two official languages, English and French. All judgments and official documents are published in both languages.
- Binding Judgments: The ICJ’s judgments are binding on the parties involved in a case, although the court lacks direct enforcement power. Compliance relies on the cooperation of states and, at times, the UN Security Council.
- Advisory Opinions: Apart from adjudicating disputes between states, the ICJ also provides advisory opinions on legal questions referred to it by the UN General Assembly, the Security Council, or other specialized agencies.
- Public Proceedings: The court’s proceedings are generally open to the public, promoting transparency and allowing global observers to witness international justice in action.
- Influential Cases: The ICJ has presided over numerous landmark cases that have shaped international law, such as the Nicaragua v. United States case on state sovereignty and the advisory opinion on the legality of the threat or use of nuclear weapons.
International Court of Justice UPSC Questions
Question-1: What is the International Court of Justice (ICJ)?
Answer. The ICJ is the principal judicial organ of the United Nations, established in 1945 to settle legal disputes between states and provide advisory opinions on international legal issues.
Question-2: Where is the ICJ located?
Answer. The ICJ is located in the Peace Palace in The Hague, Netherlands.
Question-3: How many judges are on the ICJ?
Answer. The ICJ consists of 15 judges elected to nine-year terms by the United Nations General Assembly and Security Council.
Question-4: What are the official languages of the ICJ?
Answer. The official languages of the ICJ are English and French.
Question-5: How are ICJ judges elected?
Answer. Judges are elected by the UN General Assembly and Security Council, voting independently but simultaneously, from a list of candidates nominated by the national groups in the Permanent Court of Arbitration.
Question-6: Can individuals or companies bring cases to the ICJ?
Answer. No, only states can be parties in cases before the ICJ.
Question-7: What is the difference between the ICJ and the International Criminal Court (ICC)?
Answer. The ICJ settles disputes between states and provides advisory opinions, while the ICC prosecutes individuals for crimes such as genocide, war crimes, and crimes against humanity.
Question-8: What is an advisory opinion?
Answer. An advisory opinion is a legal interpretation provided by the ICJ at the request of the UN General Assembly, Security Council, or other authorized international bodies on questions of international law.
Question-9: Are ICJ judgments binding?
Answer. Yes, ICJ judgments are binding on the parties involved in the case.
Question-10: Can ICJ judgments be appealed?
Answer. No, there is no appeal process for ICJ judgments, but parties can request an interpretation or revision of a judgment under certain conditions.
Question-11: What happens if a state does not comply with an ICJ judgment?
Answer. If a state does not comply with an ICJ judgment, the issue may be referred to the UN Security Council, which can take measures to enforce the judgment.
Question-12: What types of cases does the ICJ handle?
Answer. The ICJ handles cases involving disputes between states on issues such as territorial boundaries, maritime disputes, diplomatic relations, and violations of international treaties.
Question-13: How does the ICJ contribute to international peace and security?
Answer. The ICJ helps maintain international peace and security by providing a legal forum for resolving disputes peacefully and by offering authoritative legal opinions on international law.
Question-14: Can the ICJ prosecute individuals?
Answer. No, the ICJ does not prosecute individuals. Its mandate is limited to resolving disputes between states and providing advisory opinions.
Question-15: What is the relationship between the ICJ and the United Nations?
Answer. The ICJ is the principal judicial organ of the UN, and its statute is an integral part of the UN Charter. It works closely with other UN organs to promote the rule of law.
Question-16: How often does the ICJ hear cases?
Answer. The ICJ does not have a set schedule for hearing cases; it operates continuously, addressing cases as they are submitted by states.
Question-17: How can a state bring a case to the ICJ?
Answer. A state can bring a case to the ICJ by filing a written application with the court, indicating the nature of the dispute and the parties involved.
Question-18: What is the composition of the ICJ bench in terms of nationality?
Answer. The ICJ bench is composed to ensure representation of the principal legal systems and geographical regions of the world, though no two judges may be nationals of the same country.
Question-19: What is the term length for an ICJ judge?
Answer. ICJ judges serve nine-year terms and may be re-elected.
Question-20: What is the role of the ICJ Registrar?
Answer. The Registrar is the ICJ’s principal administrative officer, responsible for managing the court’s registry, handling communications, and ensuring the smooth functioning of the court’s operations.
Question 21: What is the International Court of Justice explain?
Answer. The ICJ is the principal judicial organ of the United Nations, responsible for settling legal disputes between states and giving advisory opinions on international legal issues.
Question-22: Who is the head of the International Court of Justice?
Answer. The current president of the ICJ is Nawaf Salam, who succeeded US Judge Joan Donoghue.
Question-23: What is the difference between ICC and ICJ judges?
Answer. ICJ judges adjudicate disputes between states and provide advisory opinions on international law, whereas ICC judges prosecute individuals for international crimes like genocide, war crimes, and crimes against humanity.
Question-24: What was the first case of the International Court of Justice?
Answer. The first case of the ICJ was the “Corfu Channel” case, submitted by the United Kingdom against Albania in 1947.
Question-25: Is India part of the ICC?
Answer. No, India is not a member of the International Criminal Court (ICC).
Question-26: How many judges are in the ICJ?
Answer. The ICJ has 15 judges.
Question-27: Who was the first Indian judge of ICJ?
Answer. Sir Benegal Narsing Rau was the first Indian judge at the ICJ.
Question-28: Who is the head of the ICC Court?
Answer. The current president of the ICC is Judge Piotr Hofmański from Poland.
Question-29: Is the ICC part of the UN?
Answer. No, the ICC is an independent international organization and is not part of the United Nations system.
Question-30: What are the two roles of the International Court of Justice (ICJ)?
Answer. The two primary roles of the ICJ are to settle legal disputes between states and to provide advisory opinions on legal questions referred to it by authorized international organs and agencies.
Question-31: Which Indian became the president of International Court of Justice?
Answer. Judge Nagendra Singh from India served as the president of the ICJ from 1985 to 1988.
Question-32: Who is the founder of the International Court of Justice?
Answer. The ICJ was established by the United Nations Charter, and its Statute was based on the Permanent Court of International Justice (PCIJ) established by the League of Nations.
Question-33: What is the main function of the International Court of Justice?
Answer. The main function of the ICJ is to resolve legal disputes between states in accordance with international law and to provide advisory opinions on legal questions.
Question-34: Where is the headquarters of the ICJ?
Answer. The headquarters of the ICJ is in the Peace Palace, The Hague, Netherlands.
Question-35: Is India party to the International Court of Justice ?
Answer. Yes, India is a party to the ICJ.
Question-36: Who was the first Indian permanent judge of ICJ?
Answer. Sir Benegal Narsing Rau was the first Indian permanent judge at the ICJ.
Question-37: Who was the first Indian woman judge of the International Court?
Answer. Justice Neeru Chadha is the first Indian woman to serve as a judge on the ICJ.
Question-38: How to become an International Court of Justice judge?
Answer. To become an ICJ judge, a candidate must be nominated by their national group in the Permanent Court of Arbitration, possess high moral character and recognized competence in international law, and be elected by both the UN General Assembly and the Security Council.
Question-39: Who is the current president of the International Court of Justice?
Answer. Nawaf Salam is the current president of the ICJ.
Question-40: What are the seven war crimes?
Answer. The seven war crimes include: 1) Willful killing, 2) Torture or inhumane treatment, 3) Biological experiments, 4) Willfully causing great suffering, 5) Destruction and appropriation of property, 6) Compelling service in hostile forces, 7) Denying a fair trial.
Question-41: Who can go to the International Court of Justice?
Answer. Only states can bring cases to the ICJ.
Question-42: Where is the headquarter of International Court of Justice?
Answer. The headquarters of the International Court of Justice is in the Peace Palace, The Hague, Netherlands.
Question-43: What is the symbol of the International Court of Justice?
Answer. The symbol of the International Court of Justice includes a globe and scales of justice.
Question-44: What is the function of International Court of Justice?
Answer. The function of the ICJ is to adjudicate disputes between states and provide advisory opinions on legal questions referred to it by authorized international bodies.
Question-45: What is the difference between the ICJ and the ICC?
Answer. The International Court of Justice resolves disputes between states and provides advisory opinions, while the International Criminal Court prosecutes individuals for serious international crimes like genocide and war crimes.
Question-46: Who sits on the International Court of Justice?
Answer. The ICJ consists of 15 judges elected from different regions of the world to represent the principal legal systems.
Question-47: What is the length of tenure of a judge of the International Court of Justice?
Answer. ICJ judges serve nine-year terms and may be re-elected.
Question-48: What is The Hague headquarters?
Answer. The Hague headquarters refers to the Peace Palace in The Hague, Netherlands, which houses the ICJ.
Question-49: Who was the first Indian judge of the International Court of Justice?
Answer. Sir Benegal Narsing Rau was the first Indian judge of the ICJ.
Question-50: What are the powers of the ICJ?
Answer. The ICJ has the power to adjudicate disputes between states, provide advisory opinions, and interpret international treaties and conventions.
Question-51: What are the limitations of the International Court of Justice?
Answer. The limitations of the ICJ include its reliance on state consent for jurisdiction, the lack of enforcement power for its judgments, and its inability to adjudicate disputes involving non-state actors.
Question-52: Where is the International Court of Justice located?
Answer. The ICJ is located in the Peace Palace, The Hague, Netherlands.
Question-53: Who is the current head of the International Court of Justice?
Answer. Nawaf Salam is the current president of the ICJ.
Question-54: Which Indian became the President of the International Court of Justice?
Answer. Judge Nagendra Singh from India served as the president of the ICJ from 1985 to 1988.
Question-55: What is the salary of international judges?
Answer. The estimated salary of ICJ judges is approximately US $191,263.
Question-56: Which is the oldest court of India?
Answer. The Calcutta High Court is the oldest court in India.
Question-57: Who was the first Judge of the International Court of Justice?
Answer. The first judges of the ICJ were elected in 1946, and Sir Arnold Duncan McNair was among the initial judges.
Question-58: Who is President of International Court of Justice?
Answer. Nawaf Salam is the current president of the ICJ.
Question-59: What is the jurisdiction of the International Court of Justice?
Answer. The ICJ has jurisdiction over legal disputes between states that recognize its authority and can provide advisory opinions on legal questions referred by UN organs and specialized agencies.
Question-60: Where is the headquarter of International Court of Justice?
Answer. The headquarters of the ICJ is in the Peace Palace, The Hague, Netherlands.
International Court of Justice UPSC MCQs
Question 1: Where is the headquarters of the International Court of Justice located?
- Geneva, Switzerland
- New York, USA
- The Hague, Netherlands
- Vienna, Austria
Answer: (C): The headquarters of the ICJ is located in the Peace Palace, The Hague, Netherlands.
Question 2: How many judges serve on the International Court of Justice?
- 10
- 12
- 15
- 18
Answer: (C): The ICJ has 15 judges.
Question 3: Who is the current president of the International Court of Justice?
- Joan Donoghue
- Nawaf Salam
- Abdulqawi Ahmed Yusuf
- Ronny Abraham
Answer: (B): Nawaf Salam is the current president of the International Court of Justice.
Question 4: What was the first case heard by the International Court of Justice?
- Nicaragua v. United States
- Corfu Channel case
- Barcelona Traction case
- Pulp Mills on the River Uruguay case
Answer: (B): The first case heard by the ICJ was the Corfu Channel case.
Question 5: What are the primary functions of the ICJ?
- To prosecute individuals and settle disputes between companies
- To settle legal disputes between states and provide advisory opinions
- To legislate international laws and impose sanctions
- To conduct elections and monitor human rights violations
Answer: (B): The primary functions of the International Court of Justiceare to settle legal disputes between states and provide advisory opinions.
Question 6: How are the judges of the International Court of Justiceelected?
- By the United Nations Security Council alone
- By the United Nations General Assembly alone
- By both the UN General Assembly and the Security Council
- By the International Criminal Court
Answer: (C): Judges of the International Court of Justice are elected by both the UN General Assembly and the Security Council.
Question 7: Which of the following is NOT a role of the International Court of Justice?
- Adjudicating disputes between states
- Providing advisory opinions on legal questions
- Prosecuting individuals for war crimes
- Interpreting international treaties
Answer: (C): The International Court of Justice does not prosecute individuals for war crimes; this is the role of the ICC.
Question 8: Which Indian judge served as the president of the International Court of Justice?
- R. S. Pathak
- Dalveer Bhandari
- Nagendra Singh
- B. N. Rau
Answer: (C): Judge Nagendra Singh from India served as the president of the International Court of Justice.
Question 9: In which year was the International Court of Justiceestablished?
- 1945
- 1947
- 1950
- 1955
Answer: (A): The ICJ was established in 1945.
Question 10: What is the length of the tenure of a judge of the ICJ?
- 5 years
- 7 years
- 9 years
- 12 years
Answer: (C): ICJ judges serve nine-year terms.