The functions of International Court of Justice: A short study

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. 

Jurisdiction of ICJ

1. The jurisdiction of the Court comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force.

2. The states parties to the present Statute may at any time declare that they recognize as compulsory ipso facto and without special agreement, in relation to any other state accepting the same obligation, the jurisdiction of the Court in all legal disputes concerning:the interpretation of a treaty;any question of international law;the existence of any fact which, if established, would constitute a breach of an international obligation;the nature or extent of the reparation to be made for the breach of an international obligation.

3. The declarations referred to above may be made unconditionally or on condition of reciprocity on the part of several or certain states, or for a certain time.

4. Such declarations shall be deposited with the Secretary-General of the United Nations, who shall transmit copies thereof to the parties to the Statute and to the Registrar of the Court. 5.

Declarations made under Article 36 of the Statute of the Permanent Court of International Justice and which are still in force shall be deemed, as between the parties to the present Statute,to be acceptances of the compulsory jurisdiction of the International Court of Justice for the period which they still have to run and in accordance with their terms.

6. In the event of a dispute as to whether the Court has jurisdiction, the matter shall be settled by the decision of the Court.

Article, 38(1) has said:

The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;

international custom, as evidence of a general practice accepted as law; the general principles of law recognized by civilized nations; subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

The effect of ICJ in international Relations ICJ has made some pioneer decisions on judicial settlement of international disputes under international law, for example, South Africa and Namibia and Chagos Island Cases. In Namibia case the court made an advisory decision in 1971 on the Security Council Resolution 2769 (1970).The court said:

The Court having arrived at the conclusion that the Mandate has been terminated and that the presence of South Africa in South West Africa is illegal, 1 would, in response to the plea made by the representative of South Africa, suggest that South Africa should offer to withdraw its administration from South West Africa in consultation with the United Nations so that a process of withdrawal and substitution in its place of United Nations' control may be agreed upon and carried into effect with the minimum disturbance of present administrative arrangements.

It should also be agreed upon that, after the expiry of a certain period but not later than a reasonable time-limit thereafter, a plebiscite may be held under the supervision of the United Nations, which should ensure the freedom and impartiality of the plebiscite, to ascertain the wishes of the inhabitants of the Territory with regard to their political future…]

However, after this decision of ICJ to security council it has taken more than 20 years to come in settlement in this dispute.ICJ is the supreme institution for the judicial settlement, it has advisory jurisdiction, it gives legal jurisdiction to the UN, the effectiveness of its jurisdiction depends on the consent of the both parties of the dispute.   

The writer is a LL.M. Candidate in China& Former National Debater.