Why is the international court of justice in the hague
What is the International Court of Justice? The Role and Activities of the ICJ
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when states disagree on where their
border is when states contest islands or
a maritime zone when one state considers
that another has violated a treaty or
other rule of international law and when
the UN or one of its agencies needs an
opinion on a legal issue they can turn
to the International Court of Justice
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the International Court of Justice or
ICJ has its seat in the Netherlands at
the peace palace in the hague like the
General Assembly and the Security
Council the court is what's known as a
principle organ of the United Nations
and is the only one not to have its seat
in New York the ICJ is the principle
judicial organ of the UN and the world's
highest international court the court
has existed since 1946 it's two official
languages are English and French its
founding document the statute is an
integral part of the charter of the
United Nations forgives us for all UN
member states therefore automatically
recognize the existence of the court and
can call on its services the ICJ is the
successor of another court created in
1922 by the League of Nations the
permanent Court of international justice
between 1922 and 1940 the permanent
court handled around 60 cases it was
dissolved after the Second World War
the ICJ succeeded the permanent Court on
the 18th of April 1946 inheriting not
only its statute but also its
jurisprudence and traditions like its
predecessor the International Court of
Justice has two roles the first is to
decide disputes between states these are
known as contentious cases
the code second role is to respond to
legal questions submitted to it by the
General Assembly the Security Council
and other UN organs or agencies these
cases are known as advisory proceedings
since the court was established it's
dealt with a large number of cases
the ICJ is not a criminal court it does
not try individuals only disputes
between states can be submitted to it
the court consists of 15 judges they're
elected for nine years by the General
Assembly and the Security Council five
posts are renewed every three years
judges may be re-elected mr. Mohammed
Benina mr. James James Richard Crawford
miss Joni Donohue
mr. Kirill Kevorkian and mr. Patrick
Lipton Robinson have been elected to the
International Court of Justice for a
term of office of nine years beginning
on 6 February to it the members of the
court must all be from a different
country they do not represent their
countries they are independent judges
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I solemnly declare that I will perform
my duties and exercise my powers as
George honorably faithfully impartially
and conscientiously
the composition of the court reflects
the following geographical balance three
seats on the bench are occupied by
African judges two seats are occupied by
judges from Latin America and the
Caribbean three are occupied by Asian
judges five by judges from Western
Europe and other western states and two
by judges from Eastern Europe although
no country is entitled to a seat in
practice the court has always included
one judge from each of the five
permanent members of the Security
Council if the court does not have a
judge of the nationality of the state's
parties to a particular case those
states can each choose what's known as a
judge at hoc these judges can be of any
nationality and have exactly the same
rights and duties as elected judges
every three years the court elects its
president and vice president the
president chairs all sittings of the
court he or she directs its work and
supervises its administration
each year the president presents a
report on the activities of the ICJ to
the General Assembly in New York a
manifesto for a cool he do suit you can
report the court is administratively
independent it's the only principal
organ of the United Nations that is not
assisted by the UN Secretariat the
judges are assisted by a registrar
elected by the court for a renewable
term of seven years the Registrar is the
head of the court Secretariat its
registry whose staff members are
recruited from all over the world the
registrar performs judicial diplomatic
and administrative functions the courts
first role is to judge legal disputes
between states these contentious cases
represent 80% of its work in the past
contentious cases have often related to
border disputes maritime delimitation
and diplomatic protection but they also
increasingly concern issues such as
humanitarian law and Bera mental law the
use of armed force and the
responsibility of states the court's
jurisdiction is general it may consider
any issue of international law all UN
member states are entitled to bring
contentious proceedings before the court
other non-member States can also access
the court subject to certain conditions
the court's jurisdiction
thus extends throughout the world since
1946 a large number of states have
appeared before the ICJ in contentious
proceedings
states are sovereign they're free to
choose how to resolve their disputes the
court can therefore only hear a case if
the states involved have freely
consented to having the case referred to
it in most instances states appear
before the court on the basis of an
international treaty
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once the court has been seized the
proceedings take place in two phases
first the states submit their arguments
evidence and submissions in writing then
their representatives and lawyers
deliver oral arguments before the court
during hearings Costa Rica request the
court to dismiss all Nicaragua's claims
in this proceeding
Nicaragua requests from the court to a
dismiss and rejected the requests and
submissions of the Republic of Costa
Rica the court then withdraws to begin
its deliberation its deliberations are
confidential
all questions are decided by a majority
of the judges present on average the
courts deliberations lasts between four
and six months each judgment is
delivered in the courts two official
languages and reproduced in several
sealed copies one of which is sent to
each of the state's concerned
judgments are read out of the public
sitting they conclude with an operative
part in which the court gives its
decision in respect of each of the
points at issue for these reasons the
court won by 14 votes - to reject the
preliminary objection raised by the
motive Lagoon
berkutov were called to do
rachelle exception criminals all
judgments of the court are final and
without appeal it is to be noted that by
coming before the court of their own
volition states at the same time assume
a commitment to comply with its
decisions all of which are binding on
the parties virtually all the judgments
of the court have been implemented if a
state refuses to abide by a decision of
the court the opposing state may have
recourse to the Security Council which
may and the article 94 of the charter of
the United Nations make recommendations
or decide upon measures to be taken to
give effect to the judgment given the
great legal moral and diplomatic
authority with which decisions of the
court are invested it is however
extremely rare for this to happen the
code second role is to respond to any
legal questions put to it by certain UN
organs and agencies this procedure
culminates in advisory opinions since
1946 the court has rendered a number of
opinions on questions which have
sometimes received wide media coverage
the majority of these opinions have been
requested by the General Assembly
the advisory opinion issued by the court
in 2004 on the legal consequences of the
construction of a wall in the occupied
Palestinian territory was one of the
most high-profile in its history states
from across the globe were invited to
participate in the proceedings which
lasted just under seven months should
consider what further action is required
to bring to an unlock judgments advisory
opinions given by the court are not
binding per se it is for the United
Nations organs or specialized agencies
having requested an opinion to follow up
on them as they see fit
whatever the case thanks to the courts
legal and moral authority its opinions
carry great weight
moreover the consideration given to the
courts advisory opinions by states and
international organizations in their
legal practice fosters the development
of international law
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continuing the work started by the
permanent Court of international justice
in 1922 the ICJ's decisions have
significance which goes beyond just the
states and organizations directly
involved in the cases on very many
occasions and on all continents the
court has helped to defuse crises to
normalize relations between states and
to restart deadlock negotiations either
through the settlement of disputes by
judicial means or by stating the law in
respect of a particular question
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as the principle judicial organ of the
United Nations the court is an important
cog in the International mechanism for
promoting and keeping peace to that end
the court very regularly hosts visits by
heads of state and dignitaries
the court performs its functions with
great efficiency it can make an urgent
order in a matter of days or weeks and
give an advisory opinion within a few
months it settles the large majority of
the highly complex contentious cases
submitted to it in under five years the
courts budget accounts for less than 1%
of the regular budget of the United
Nations the court is a judicial
institution unique in the world through
its judgments opinions and orders it
lends its support to the United Nations
in achieving its primary purposes which
are to maintain and strengthen
international peace and security
of course the court cannot by itself
prevent States from resorting to force
but recognized by all members of the
United Nations it now more than ever
serve them as an invaluable instrument
promoting peace that is at their
disposal
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