International Court of Justice ICJ, History, Composition, Jurisdiction, Significance

The International Court of Justice (ICJ) is one of the six principal organs of the United Nations, founded in 1945 as a way of settling disputes between countries and to render advisory opinions on legal issues presented to it by authorized UN organizations and specialized agencies. 

The ICJ comprises 15 judges elected by the UN General Assembly and the UN Security Council (UNSC) for nine years. Its jurisdiction covers various legal issues, including international law, human rights, and international humanitarian law. 

About International Court of Justice - ICJ

The International Court of Justice is the principal judicial organ of the United Nations Organisation (UNO). Established in 1945 by the UN Charter and beginning its work in 1946, it is the only principal organ of the United Nations not located in New York, USA.

• Seat of the Court: The Hague, Netherlands
• Official languages: English and French 

History of ICJ

The establishment of the International Court of Justice marked the culmination of a lengthy process aimed at developing methods for the peaceful resolution of international disputes. It followed the creation of the Permanent Court of Arbitration (PCA), the first permanent institution dedicated to resolving such disputes, established by the Hague Peace Conference in 1899.

• Hague Peace Conference: The 1899 Hague Peace Conference was a landmark diplomatic meeting that sought to establish mechanisms for peaceful dispute resolution between states. 
  • It led to the creation of the Permanent Court of Arbitration.
  • Permanent Court of Arbitration (PCA): The PCA was established in 1900 to facilitate arbitration and dispute resolution between states.
• Permanent Court of International Justice (PCIJ): PCIJ was the first world court, established in 1922 under the League of Nations to settle disputes between states. 
• International Court of Justice: It was established in 1945, it replaced the PCIJ.

ICJ Statute 

The Statute of the International Court of Justice (ICJ) is the legal framework that governs the ICJ's structure, jurisdiction, and procedures. As an integral part of the UN Charter, it establishes the ICJ as the UN's principal judicial organ, defines its role in resolving disputes between states (contentious cases) and providing legal opinions (advisory proceedings), and outlines rules for judge selection, case procedures, and the binding nature of its decisions.

International Court of Justice Composition and Structure 

The ICJ consists of fifteen judges who are elected for nine-year terms by the UN General Assembly and the UN Security Council, from a list of candidates nominated by national groups in the Permanent Court of Arbitration. Elections are held every three years to elect one-third of the seats, and judges who retire can be re-elected.

• Independent Judges: The members do not serve as representatives of their governments but as independent judges, with no more than one judge of any nationality sitting on the court at a time.
• Regional distribution of members: Each nationality can have no more than one judge concurrently, aiming for geographical and legal system diversity among the bench. The current distribution of judges on the court is as follows: 

1. Africa 3
2. Latin America and the Caribbean 2
3. Asia 3
4. Western Europe 5
5. Eastern Europe 2

ICJ Jurisdiction 

The ICJ can adjudicate two types of cases, including contentious cases that involve legal disputes between states and advisory proceedings, which are requests for advisory opinions on legal questions referred by United Nations organs and specific specialized agencies.

• Contentious Jurisdiction: The ICJ settles legal disputes between states that consent to its authority, with rulings binding on involved states. 
• These cases require mutual consent and often involve territorial issues, diplomatic incidents, hostilities violations, and non-use of force.
• Advisory Jurisdiction: The ICJ provides authoritative but non-binding opinions on legal questions requested by UN organs and agencies, per the ICJ Statute and UN Charter. 
• Source of Law: International treaties, conventions, international customs, and general principles. 
• Rulings of ICJ: ICJ rulings are final and unappealable. States are responsible for implementing these decisions within their jurisdictions and usually comply. If a country fails to adhere to a judgment, the recourse is to approach the UNSC, which can vote on a resolution under the UN Charter.

Significance of International Court of Justice

As per the UN Charter, the role of the ICJ is to adjudicate disputes between member states and provide authoritative interpretations of international law. ICJ significantly contributes to global peace and justice through several key roles and achievements:

• Promoting peaceful resolution: The ICJ provides a neutral forum to resolve disputes, prevent armed conflicts, and strengthen international cooperation.
• Upholding the rule of law: The ICJ ensures nations adhere to international law, reinforcing legality and predictability in international relations.
• Clarifying international law: The ICJ's advisory opinions offer guidance on complex legal issues, shaping policymaking on self-determination and environmental law.
• Supporting international institutions: ICJ opinions help agencies like WHO and UNESCO by establishing appropriate legal frameworks.
• Advancing global justice: The ICJ protects human rights and humanitarian norms, safeguarding vulnerable populations.
• Strengthening multilateralism: The ICJ enhances the effectiveness of UN agreements and treaties.

International Court of Justice Limitations

Though ICJ significantly contributes to global peace and justice, it suffers from several limitations which impact its effectiveness in fulfilling its mandate under the UN charter. 

• Limited jurisdiction: The ICJ's jurisdiction is based on the consent of states, and it cannot hear cases involving individuals, corporations, or certain international disputes
• Lack of enforcement power: The ICJ's decisions are not self-enforcing, relying on the goodwill of member states for compliance
• Political influence: The election of judges and the involvement of the UN Security Council may impact the court's impartiality and legitimacy
• Composition and representation: The distribution of judges among different regions and the influence of the UN Security Council's permanent members may raise concerns about equitable representation.
• Funding Constraints: As the ICJ is funded through the regular UN budget and member state contributions, it operates under financial constraints that limit its functioning and independence relative to domestic courts.

International Court of Justice Way Forward

Addressing the limitations of the ICJ requires a multi-faceted approach, including:

• Strengthening enforcement: Enhance the ICJ's enforcement powers by creating a standing enforcement body or expanding the UNSC role.
• Expanding jurisdiction: Include disputes involving individuals, corporations, and non-state actors to increase relevance.
• Enhancing impartiality: Make judge elections more transparent and independent, ensuring equitable representation.
• Revisiting membership: Expand membership to 20 judges with region/category-based quotas to reduce bias and improve inclusivity.
• Promoting alternative dispute resolution: Work with states to promote mediation and arbitration to reduce the court's burden and encourage peaceful resolutions.

India and International Court of Justice

India has a long-standing relationship with the International Court of Justice (ICJ), having been a member since its inception. India has actively participated in developing international law, with several Indian jurists serving as judges on the ICJ. 

• The following Indian dignitaries have served as ICJ on various occasions:
  • Benegal Narsing Rau (1952-1953)
  • Nagendra Singh (1973-1988)
  • Raghunath Vinayak Bhandare (1991-1996)
  • Dalveer Bhandari (2012 - current)

ICJ Kulbhushan Jadhav Case

Kulbhushan Jadhav, an Indian national, was arrested by Pakistan in 2016 and sentenced to death on charges of espionage and terrorism. In 2017, India filed a lawsuit with the International Court of Justice, saying that Pakistan had violated the Vienna Convention on Consular Relations by withholding consular access to Jadhav, an Indian national convicted to death by a Pakistani military court. 

• In 2019, the ICJ ruled in India's favour, ordering Pakistan to review the death sentence and provide consular access to Jadhav.
• Other cases: In addition to the notable Kulbhushan Jadhav case, the International Court of Justice (ICJ) has adjudicated several significant disputes, including:
  • Obligation of negotiations about cessation of Nuclear Arms Race (Marshall Islands Vs India, 2014): The Republic of the Marshall Islands filed a case in 2014 alleging nuclear nations breached disarmament law, but the ICJ ruled it lacked jurisdiction over the matter.
  • Right of Passage over Indian Territory (Portugal Vs India, 1955): Portugal filed an ICJ case in 1955 claiming the right of passage to Goa through India, but the ICJ ruled in favor of India, denying Portugal passage through Indian territory.

International Court of Justice UPSC PYQs

Question 1: “Rule of Law Index" is released by which of the following? (UPSC Prelims 2018)

1. Amnesty International
2. International Court of Justice
3. The Office of the UN Commissioner for Human Rights
4. World Justice Project

Answer: (d)

International Court of Justice FAQs

Q1. Where is the ICJ located?

Ans. International Court of Justice is seated at the Peace Palace in the Hague, a city in the Netherlands.

Q2. Who can bring a case to the ICJ?

Ans. Any UN Member State can bring a case against any other Member State, whether or not they are directly in conflict, when the common interest of the international community is at stake.

Q3. Who is the current Indian judge of the ICJ?

Ans. Justice Dalveer Bhandari is the current judge from India on the International Court of Justice, serving a term from 2012 to 2027.

Q4. What are the functions of the ICJ?

Ans. The International Court of Justice settles legal disputes between states and provides advisory opinions on legal issues referred by authorized UN organizations.

Q5. What is the difference between ICC and ICJ?

Ans. The difference is that ICJ cases involve countries, and the ICC is a criminal court, which brings cases against individuals for war crimes or crimes against humanity.