International Court of Justice

Context : The United Nations’ top court in a landmark advisory opinion on Wednesday said countries could be in violation of international law if they fail to take measures to protect the planet from climate change, and nations harmed by its effects could be entitled to reparations.

UPSC relevance: GS II

• Important International institutions, agencies and fora their structure, mandate.

2020 Mains:

• Critically examine the role of WHO in providing global health security during the COVID-19 pandemic.

2022 Mains:

• What are the key areas of reform if the WTO has to survive in the present context of Trade War’, especially keeping in mind the interest of India?

About ICJ

• One of the six “principal organs” of the United Nations was established in 1945 
• Known as the “world court”
• Situated in the Peace Palace in The Hague, a city in the Netherlands.
• A continuing and autonomous body that is permanently in session.

Composition

• The court is composed of 15 judges.
• all of are elected to 9 year terms of office by majority votes in the UN General Assembly and Security Council. 
• Elections are held every three years for one third of the seats, and retiring judges may be re-elected.
• The members do not represent their governments but are independent magistrates, and there is only ever one judge of any nationality on the court.
• The judges elect their own president and vice president, each of whom serves a three-year term, and can appoint administrative personnel as necessary.

Power and Jurisdiction

• The court can rule on two types of case:
  • Contentious cases – legal disputes between States 
  • Advisory proceedings – requests for advisory opinions on legal questions referred to it by United Nations organs and certain specialized agencies.
• Unlike the Court of Justice of the European Union, the ICJ is not a supreme court to which national courts can turn; it can only hear a dispute when requested to do so by one or more States.
• The court itself has no powers of enforcement, but according to Article 94 of the Charter of the United Nations:
  • If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment.
• Cases before the ICJ are resolved in one of three ways: 

1. they can be settled by the parties at any time during the proceedings; 
2. a state can discontinue the proceedings and withdraw at any point; or 
3. the court can deliver a verdict. 

States have no permanent representatives accredited to the Court.

The ICJ decides disputes in accordance with international law as reflected in international conventions, international custom, general principles of law recognized by civilized nations, judicial decisions, and writings of the most highly qualified experts on international law. 

The verdicts— in both English and French—are delivered in open court.

Difference with ICC :