What Is the International Court Of Justice, How It Works
ICJ (International Court of Justice) also known as World Court is one of the six major organs of the United Nations (UN). The Court hears only disputes when one or more states approach it with relevant allegations. Established in 1945 and located in the Peace Palace in the Hague, Netherlands, the court provides advisory services on legal questions referred to it by other UN organs, in addition to settling disputes between the countries.
The court consists of 15 judges and all the members of the court are not allowed to represent their governments in the Court. The concerned countries will appoint their agent to plead their case with the same responsibilities of solicitors in the national courts. After that, the judges hear the cases and then deliver the verdict. The length of the proceedings can be a few weeks to several years.
Who can file cases and what cases ICJ accepts
The ICJ is an important body in the world to settle the dispute among the 193 UN member states. The court receives two types of cases: one, considering contentious legal disputes between countries and the other, providing advisory opinions on legal questions referred by the UN organs. Any of the member states can file a case against other member states, whether or not they are directly in conflict, given the common interest of the international community. Therefore, any country without being party of the conflict can file case in the Court.
What is the outcome of the Court’s ruling
There is no appeal in the rulings of the ICJ as the verdict will be final. However, it is up to the country which is a party in the case to implement the decisions of the court in that country”s national jurisdictions. Having said that, if a state fails to oblige the ruling of the court, the only option is voting for a Security Council resolution. The US in the case brought by Nicaragua against the United States in 1984, seeking compensations for the US support for Contra rebels, rejected the ICJ ruling when the court ruled in favour of Nicaragua. However, when the UN Security Council brought relevant resolutions upon the request of Nicaragua, the resolution was vetoed by the United States.
About South Africa filing case Against Israel in ICJ
In the latest case brought in the ICJ On December 29, 2023, South Africa accused Israel of genocidal acts, saying: that acts and omissions by Israel are genocidal in character, as they are committed with the requisite specific intent to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnic group”. Many countries have also extended their support for South Africa’s case against Israel.
Earlier in 2004, an advisory opinion of the court had found that the wall built by Israel in the Occupied Palestinian Territory and around East Jerusalem was contrary to international law.
