International Court of Justice (ICJ) — Structure, India Cases & UPSC Notes (UPSC International Relations)

The International Court of Justice (ICJ) — the World Court — is the principal judicial organ of the United Nations and the only UN court with both contentious and advisory jurisdiction over states. For UPSC GS-II, ICJ recurs in questions on international law, the UN system, human rights, and India’s engagement with global institutions — from the Kulbhushan Jadhav case to the advisory opinion on Gaza.

Origin and legal basis

• Successor to the Permanent Court of International Justice (PCIJ, 1922) of the League of Nations.
• Established by the UN Charter (1945) and the Statute of the ICJ (annex to the Charter).
• Began functioning in 1946 at the Peace Palace, The Hague, Netherlands.
• All 193 UN members are automatically parties to its Statute.

Composition

• 15 judges, elected to nine-year renewable terms.
• Judges are elected by both the UN General Assembly and the UN Security Council (absolute majority in each, voting independently).
• No two judges can be nationals of the same state.
• Balance across the five UN regional groups.
• A President and Vice-President elected from among judges for three-year terms.
• Ad hoc judges may be appointed by states that have no judge of their nationality on the bench during a contentious case.

Indian judges at the ICJ

• Sir Benegal Narsing Rau (1952-53)
• Nagendra Singh (1973-88); President (1985-88)
• R.S. Pathak (1989-91) — resigned to chair the Iran-Contra-style Volcker inquiry.
• Dalveer Bhandari (since 2012, re-elected 2017)

Jurisdiction

Contentious jurisdiction

• Only states can be parties; individuals cannot access the ICJ.
• Based on:

1. Special agreement (compromis) — both states consent.
2. Compulsory jurisdiction declarations under the Optional Clause (Art 36(2)) — India made a declaration in 1974, amended in 2019.
3. Treaty clause conferring jurisdiction on ICJ.
4. Forum prorogatum — acceptance implied by conduct.

Advisory jurisdiction

• The UN General Assembly, Security Council, other organs and specialised agencies can request opinions on legal questions.
• Non-binding in strict legal terms but carry major moral and persuasive weight.

Procedure and remedies

• Written pleadings (memorial, counter-memorial, reply, rejoinder).
• Oral hearings at the Peace Palace.
• Provisional measures — equivalent of injunctions; binding on parties.
• Judgments are final and binding; no appeal.
• Enforcement is via the UN Security Council under Article 94 of the Charter — but P5 members can veto enforcement.

Major cases (history)

• Corfu Channel (UK v Albania, 1949) — first contentious case; state responsibility.
• Nicaragua v USA (1986) — unlawful use of force; US withdrew acceptance of compulsory jurisdiction afterwards.
• Legality of Nuclear Weapons advisory (1996) — nuclear threat/use generally contrary to international law.
• Genocide convention (Bosnia v Serbia, 2007).
• Chagos Islands advisory (2019) — UK's continued administration of the Chagos Archipelago is unlawful; UK-Mauritius agreement signed Oct 2024 returning sovereignty.

Major India-related cases

Right of Passage (Portugal v India, 1960)

• Related to Dadra and Nagar Haveli; Portugal's claim of right of passage partially upheld. Became moot after India's integration of the territories.

Appeal against ICAO Council Decision (India v Pakistan, 1972)

• Upheld ICAO Council's jurisdiction after the 1971 hijacking dispute.

Atomic Tests cases (Australia and New Zealand v France, 1973)

• India submitted interventions indirectly — illustrated pressure against French testing.

Aerial Incident (Pakistan v India, 2000)

• Pakistan sought compensation for shooting down of a naval aircraft. ICJ declined jurisdiction.

Kulbhushan Jadhav (India v Pakistan, 2019)

• Flagship case of the 2010s. ICJ held Pakistan violated Article 36 of the Vienna Convention on Consular Relations by denying India consular access to Jadhav, an Indian national sentenced to death by a Pakistani military court.
• Pakistan was ordered to provide effective review and reconsideration of conviction; execution stayed.
• Pakistan subsequently amended its Army Act and allowed Indian counsel access in 2024.

Recent interventions

• India has intervened in Myanmar Rohingya genocide case (The Gambia v Myanmar) — abstained on merits.
• India has declined to join South Africa v Israel (2023) genocide case before the ICJ.

Landmark advisory opinions (2024-26)

Legal consequences arising from Israeli policies and practices in the Occupied Palestinian Territory (July 2024)

• Advisory opinion held Israel's continued occupation unlawful; must end "as rapidly as possible".
• UNGA subsequently resolved on timelines for Israeli withdrawal.
• Non-binding but heavy political weight during the Gaza crisis.

South Africa v Israel — Genocide Convention case

• Filed Dec 2023. Provisional measures ordered in Jan and May 2024.
• Israel ordered to take measures to prevent genocidal acts.
• Ongoing merits phase.

Chagos Archipelago advisory follow-up

• UK-Mauritius agreement (Oct 2024) returning sovereignty to Mauritius followed the ICJ's 2019 advisory opinion. UK retains Diego Garcia lease — implications for IOR security and India.

ICJ and limitations

1. Consent-based jurisdiction — major powers (US, China, Russia) do not accept compulsory jurisdiction.
2. Enforcement gap — UNSC veto can block enforcement (Nicaragua example).
3. Slow procedure — cases take years, sometimes a decade.
4. Non-state actors excluded — individuals, companies, NGOs cannot sue directly.
5. Soft power tool — relies on political pressure and reputational costs.
6. Selective compliance — US, Russia, Israel have ignored rulings; compliance is better among mid-sized states.

ICJ vs ICC vs ITLOS

Latest developments (2024-26)

• July 2024: ICJ advisory opinion on Occupied Palestinian Territory — Israel's occupation unlawful.
• Jan and May 2024: Provisional measures in South Africa v Israel genocide case.
• Oct 2024: UK-Mauritius agreement on Chagos Islands sovereignty.
• ICJ president: Judge Nawaf Salam (Lebanon) assumed presidency in 2024; Judge Bhandari continues on the bench.
• Russia-Ukraine war: Ukraine v Russia cases progressing — provisional measures on use of force ignored by Russia.
• India-Pakistan Jadhav: Pakistan amended its Army Act 2021; 2024 review hearing concluded, Jadhav remains in Pakistani custody.
• AI and international law: Scholarly debates on ICJ engagement with AI weaponry.
• Red Sea attacks, Israel-Hamas war feeding into ICJ advisory requests.
• BRICS+ expansion (2024): Changing power dynamics reflect in ICJ judicial elections (India's Bhandari term runs till 2027).
• Climate change advisory (March 2025): Responding to Vanuatu-led UNGA request; hearings concluded.

Significance for India

• Jadhav precedent used to press Pakistan diplomatically.
• Abstention on South Africa v Israel reflects India's balancing between traditional Palestine solidarity and expanded Israel ties.
• Chagos outcome benefits India’s Indian Ocean strategy and Mauritius relationship.
• Indian judge continuity (Bhandari) strengthens voice in the bench.
• Multilateral rule-based posture — India invokes UNCLOS, ICJ jurisprudence in IOR disputes.

Way forward

• Strengthen compliance mechanisms — link ICJ judgments to UNGA or GA-enforced measures where UNSC is deadlocked.
• Extend jurisdiction — encourage more states to accept compulsory jurisdiction.
• Technology readiness — digital evidence, cyber operations, AI-related claims.
• India's role — contribute doctrine on UNCLOS, counter-terror law, digital sovereignty.

UPSC Relevance

GS-II: “Important international institutions, agencies and fora — their structure, mandate.” GS-II: “India-Pakistan relations” (Jadhav case).

Probable questions

• Analyse the role of the ICJ in settling international disputes with reference to India-Pakistan cases. (15 marks)
• How does the ICJ advisory opinion on the Occupied Palestinian Territory shape international law? (10 marks)
• Examine the limitations of the ICJ in a multipolar world order. (15 marks)

Prelims trigger words — ICJ Statute, Article 36, Peace Palace, Kulbhushan Jadhav case, Dalveer Bhandari, Chagos Archipelago advisory 2019, South Africa v Israel, Nicaragua case, compulsory jurisdiction.

The ICJ's authority rests on its reasoning, not its enforcement power. For India, the World Court offers a principled platform to pursue specific grievances (Jadhav) while engaging with systemic debates (UNCLOS, climate change) as a rising rule-shaper.