International court of justice and its legal authority

International court of justice and its legal authority

The worldwide organization known as the United Nations (UN) was founded on October 24, 1945. The second international organization with a global reach and membership that was founded in the 20th century was the United Nations (UN). 
At the moment, 193 Member States comprise it. Its tasks include preserving world peace and security, defending international law, distributing humanitarian relief, defending human rights, and encouraging sustainable development. 
The United Nations was established as an intergovernmental organization with the UN Charter of 1945 as its founding document.

Organs of United Nations (UN)

  1. The General Assembly
  2. Security Council
  3.  Economic and Social Council
  4. Trusteeship Council
  5. International Court of Justice
  6. UN Secretariat 

These are the six principal UN bodies. 

The International Criminal Court 
The main court system under the United Nations is the International Court of Justice. The United Nations Charter created it in June 1945, and it started operations in April 1946. 

Roles of the ICJ: 

• The primary duty of the ICJ is to resolve disputes that parties present in accordance with international law.
• In addition, the Court provides advisory opinions on legal issues brought up by specialized agencies or other UN authorities.
• Also referred to as the World Court, it is the principal court of the United Nations.
• Under the UN Charter, the United Nations Security Council (UNSC) has the authority to implement ICJ rulings. 
• There are fifteen judges on the ICJ. 

The ICJ is regulated by:

• The United Nations Charter's Article 33 outlines the procedures to be followed for resolving conflicts, including judicial resolution, arbitration, mediation, and negotiation. It also provides a wealth of other options.

• The International Court of Justice's statute 

• The international treaties and conventions that are now in effect, international customs, general legal principles, court rulings, and the advice of the most highly skilled publicists are the sources of law that the Court must follow.

Jurisdiction of ICJ:

 1. Contentious cases under ICJ jurisdiction 


  • States bring legal problems to the International Court of Justice (ICJ), which decides them in conformity with international law. 
  • A dispute can only be handled by the Court if all parties have acknowledged its jurisdiction. 
  •  There is no right of appeal and the ruling is final, binding on all parties involved. 
     

2. Advisory opinions 
 

  • Five UN Organs and fifteen Specialized Agencies are eligible to use the advisory method. 
  • Despite not having legal power, the Court's advisory views are nevertheless very authoritative both morally and legally, which aids in the formation and elucidation of international law. 

    ICJ's Legal Authority :
     
  1. In situations involving contentious dispute, the decision is final, enforceable against the parties, and not susceptible to appeal; at most, it may be open to interpretation or, in the event that new information becomes available, change. Any judge may add an opinion to the ruling if they so want. 
    A Member State of the United Nations agrees to abide by the Court's ruling in every matter in which it participates by signing the Charter. 
  2. When it comes to advisory opinions, these are primarily advisory in nature; unlike the court's rulings, they are not legally binding. The organ, agency, or organization making the request is still free to implement the view however it deems fit or not at all. Nonetheless, some agreements or rules (such as the United Nations treaties on privileges and immunities) provide that an advisory opinion issued by the Court is legally obligatory. 
    ICJ's interim decision in the South African-brought genocide complaint against Israel 

South Africa's genocide case against Israel(Interim ruling):

On January 26, 2024, the International Court of Justice (ICJ) declared that Israel had to "take all measures within its power" to end crimes of genocide in Gaza, although it refrained from imposing a ceasefire. 
Decisions are legally obligatory on nations that nominally recognize the ICJ, such as South Africa and Israel, although they are not, in actuality, enforced by the court. 
Although the rulings of the ICJ are legally binding, there is no defined system for doing so. 

Conclusion:

With dual jurisdiction, the International Court of Justice (ICJ) handles both contentious cases—legal disputes between states brought before it by those states—and advisory proceedings—questions about law addressed to it by specialized agencies and United Nations bodies. Notwithstanding its importance, the ICJ is limited in its authority; permission is the only basis for its jurisdiction rather than mandatory jurisdiction. 

 

 

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