In International legal sphere, International Court of Justice (ICJ) is the legal advisory authority to give advice to the UN on dispute among states, ICJ is the permanent of court of international justice. In Chapter XIV, Article 92 of the UN Charter, it has been said, “the International Court of Justice shall be the principal judicial organ of the United Nations, it shall function in accordance with the annexed statute which is based upon the statute of the Permanent Court of International Justice.”
All members of the UN are the ipso facto parties in the statute of ICJ, the non-member state also can be the party of ICJ on condition by the General Assembly upon the recommendation of Security Council. Though ICJ can decide cases when both parties are consented on the issue, it cannot confirm that its decisions are fostered.
However, the ICJ asks by General Assembly and Security Council to give advice on the international disputes, it needs to see that how ICJ exercises its advisory jurisdiction under international law in judicial settlement, and the effectiveness of its decision, is it incorporated with General Assembly and Security Council? Actually, ICJ is incorporated with General Assembly and Security Council, the issue of making advisory decision on the international disputes comes to ICJ through General Assembly and Security Council.
The composition of ICJ ICJ is composed by the UN Charter, in Chapter XIV, Article 92 to 96 the UN Charter, composing and functioning instructions of ICJ have been mentioned with clear sense.
Article 2 of the statute of ICJ has said,“the Court shall be composed of a body of independent judges, elected regardless of their nationality from among persons of high moral character, who possess the qualifications required in their respective countries for appointment to the highest judicial offices, or are jurisconsults of recognized competence in international law.” The court consists of 15 members, not two from the same state, the ICJ is being funded by General Assembly of UN.
General Assembly and Security Council of UN The organs of UN, General Assembly and Security Council are very relevant in the issue of ICJ, General Assembly is consisted by the all member states of the UN, maximum five representatives from the member state, Article 10 of the UN Charter has specified,
“the General Assembly may discuss any question or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and, except as provided for in Article 12, may make recommendations to the members of theUnited Nations or to the Security Council or to the both or any such questions or matters.”
Article 11 of The Charter has mentioned, “the General assembly may consider the general principles of cooperation in the maintenance of international peace and security, including the principles governing disarmament with regard to such principles to the members or to the Security Council or both,” the major jurisdictional functions of GA under UN Charter are- a. raising international cooperation in the political field and encouraging the progressive development of international law and its codification, b.
flourishing international cooperation in the economic, social, cultural, educational, and health fields and assisting in the realization of human rights and fundamental freedoms without distinctions as to race, sex, language, or religion. However, the decisions of the General Assembly on dispute shall be made by the third majority of the members present and voting with respect to the maintenance of international peace and security.
The Security Council is consisted by the five permanent states, USA, UK, China, France and Russia. Though it can be consisted by the fifteen members of the UN, other 10 members are non- permanent for two years term. The decisions of the security council on procedural matters shall be made by an affirmative vote of nine members.