Roadmap for Answer Writing
1. Introduction
- Introduce the ICJ and its importance in international law.
- Fact: The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN) and was established in 1945 by the UN Charter. It settles legal disputes between states and issues advisory opinions.
2. Structure of the ICJ
- Explain the composition of the ICJ and how judges are selected.
- Fact: The ICJ consists of fifteen independent judges, elected for nine-year terms by the UN General Assembly and Security Council. One-third of the judges are elected every three years to ensure continuity.
- Fact: The judges must represent the main forms of civilization and the principal legal systems of the world.
3. Mandate of the ICJ
- Describe the primary functions of the ICJ.
- Fact: The ICJ’s main role is to settle legal disputes between states based on international law. It also provides advisory opinions on legal questions referred by authorized UN organs and specialized agencies.
- Fact: Its decisions are binding on the parties involved and it cannot hear cases without the consent of the involved states.
4. Challenges Faced by the ICJ
Discuss the key challenges faced by the ICJ in enforcing its decisions and maintaining international law. Provide specific examples and explanations for each challenge.
a) Political Influence on Judgments
- Explain how political considerations affect the impartiality of judgments.
- Fact: Judges have, at times, voted in line with their national interests. For example, in 2022, judges from Russia and China were the only ones to vote against a ruling that directed Russia to halt its military operations in Ukraine.
b) Lack of Enforcement Power
- Discuss the ICJ’s reliance on voluntary compliance by states and how its rulings depend on political factors.
- Fact: The ICJ’s rulings are binding, but they lack enforcement power. For instance, rulings against Israel often face a veto by the US in the Security Council, preventing enforcement.
c) Selective Participation by States
- Address how some states refuse to comply with or participate in ICJ proceedings, undermining its authority.
- Fact: In the 1986 Nicaragua v. United States case, the US refused to accept the Court’s jurisdiction, choosing not to participate and not to enforce the ruling.
d) Procedural Delays
- Explain the slow pace of legal proceedings at the ICJ, particularly in complex or politically sensitive cases.
- Fact: A notable example is the case of Gambia vs. Myanmar (2019) concerning the genocide of Rohingya Muslims. The case has been ongoing for years, highlighting procedural delays.
e) Limited Jurisdiction
- Discuss the limitations of the ICJ’s jurisdiction in terms of state consent and types of disputes it can address.
- Fact: The US has explicitly excluded itself from ICJ jurisdiction in matters related to its military activities, limiting the Court’s ability to address such disputes.
5. Suggestions for Strengthening the ICJ
- Propose solutions to enhance the ICJ’s effectiveness.
- Fact: To strengthen the ICJ, it is suggested that the Security Council practice self-restraint, reducing political interference. Broadening the Court’s jurisdiction and enhancing enforcement mechanisms can also help address its challenges.
6. Conclusion
- Summarize the role of the ICJ and emphasize the importance of overcoming challenges to improve its effectiveness in maintaining international law.
- The ICJ remains central to international dispute resolution, but addressing its political challenges and improving its enforcement mechanisms are crucial for its future role in global justice.
Key Facts for the Answer:
- ICJ Establishment: The ICJ was established in 1945 by the UN Charter.
- Composition: ICJ is composed of 15 judges elected for 9-year terms.
- Mandate: Settles legal disputes between states and gives advisory opinions.
- Political Influence: Example of Russia and China voting against Ukraine ruling in 2022.
- Enforcement Power: ICJ rulings are binding but lack enforcement power; US veto on Israel rulings.
- Selective Participation: US refusal to comply with 1986 Nicaragua case ruling.
- Procedural Delays: Gambia vs Myanmar case ongoing since 2019.
- Limited Jurisdiction: US exclusion from ICJ jurisdiction in military matters.
Model Answer
The International Court of Justice (ICJ) is the principal judicial body of the United Nations (UN), established in 1945 under the UN Charter. It consists of fifteen independent judges, who are elected for nine-year terms by the UN General Assembly and the Security Council. One-third of the judges are replaced every three years to ensure continuity in its functioning.
Mandate of the ICJ
The ICJ’s primary function is to settle legal disputes between states based on international law. It also provides advisory opinions on legal questions referred by UN organs or specialized agencies. The Court plays a crucial role in the peaceful resolution of international disputes.
Challenges Faced by the ICJ
1. Political Influence on Judgments
Judges, despite being independent, sometimes vote in ways that reflect national interests. A notable example is in 2022, when judges from Russia and China were the only ones to vote against a ruling directing Russia to stop its military actions in Ukraine, showing how political affiliations can influence judicial decisions.
2. Lack of Enforcement Power
Though the ICJ’s rulings are legally binding, they depend on voluntary compliance by states. For example, any adverse ruling against Israel is often blocked by a US veto in the Security Council. This lack of enforcement power hinders the Court’s effectiveness.
3. Selective State Participation
Some powerful states choose not to participate in ICJ cases, undermining its authority. For instance, the US refused to accept the Court’s jurisdiction in the 1986 Nicaragua case, demonstrating a selective approach to international law.
4. Procedural Delays
ICJ’s proceedings can be slow. A prominent example is the 2019 case filed by Gambia against Myanmar for the genocide of Rohingya Muslims, which remains ongoing after years of litigation.
5. Limited Jurisdiction
The ICJ can only adjudicate cases if states consent to its jurisdiction, which limits its reach. For instance, the US has excluded itself from disputes involving military actions.
Conclusion
To enhance the ICJ’s effectiveness, reforms are needed, including greater political neutrality, enforcement mechanisms, and jurisdictional expansion.