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 1. Home
 2. News
 3. 2024
 4. January
 5. What is the International Court of Justice and why does it matter?


WHAT IS THE INTERNATIONAL COURT OF JUSTICE AND WHY DOES IT MATTER?

UN Photo
The United Nations flag flies in front of the Peace Palace, home of the
International Court of Justice at The Hague.
 * 
 * Wednesday, January 10, 2024
 * UN News
 * 

The profile of the International Court of Justice (ICJ) was raised in January,
following South Africa’s decision to bring proceedings against Israel for
violating its obligations under the Genocide Convention. Here is a primer on the
ICJ, and what it does.


WHAT IS THE ICJ FOR, AND HOW DOES IT WORK?

The ICJ, which is situated in the Peace Palace in The Hague, a city in The
Netherlands, was established in 1945 as a way of settling disputes between
countries. The Court also provides advisory opinions on legal questions that
have been referred to it by other authorized UN organs.

Widely known as the ‘World Court’, the ICJ is one of the six “principal organs”
of the United Nations, on the same footing as the General Assembly, the Security
Council, the Economic and Social Council (ECOSOC), the Trusteeship Council and
the Secretariat, and the only one that is not located in New York.

Unlike the Court of Justice of the European Union, the ICJ is not a supreme
court to which national courts can turn: it can only hear a dispute when
requested to do so by one or more States.

The Court is composed of 15 judges, all of whom are elected to nine-year terms
of office by the UN General Assembly and Security Council. Elections are held
every three years for one-third of the seats, and retiring judges may be
re-elected. The Members of the Court do not represent their governments but are
independent magistrates, and there is only ever one judge of any nationality on
the Court.

Cases open with the parties filing and exchanging pleadings containing a
detailed statement of the points of fact and of law on which each party relies,
and an oral phase consisting of public hearings at which agents and counsel
address the Court.

The countries involved appoint an agent to plead their case, someone who has the
same rights and obligations as a solicitor in a national court. Occasionally, a
leading politician may defend their country, as in the 2020 Gambia/ Myanmar case
(see below).

After this stage, the judges deliberate in camera (in private, behind closed
doors), and then the Court delivers its verdict. The length of time this takes
can be anything from a few weeks, to several years.

UN Photo/ICJ-CIJ/Frank van Beek
The International Court of Justice (ICJ) delivers its judgement in a case
involving the US and Iran in 2019.


WHY IS THE ICJ IMPORTANT?

The ICJ is the only international court that settles disputes between the 193 UN
Member States. This means that it makes an important contribution to global
peace and security, providing a way for countries to resolve issues without
resorting to conflict.


WHAT KIND OF CASES ARE BROUGHT BEFORE THE COURT?

The Court can rule on two types of case: “contentious cases” are legal disputes
between States; and “advisory proceedings” are requests for advisory opinions on
legal questions referred to it by United Nations organs and certain specialized
agencies.

The case brought by South Africa against Israel on 29 December last year is the
first time a contentious case has been brought against Israel at the ICJ (a 2004
advisory opinion found that the construction of the wall built by Israel in the
Occupied Palestinian Territory, including in and around East Jerusalem, and its
associated regime, is contrary to international law).

South Africa contends 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
ethnical group”.

South Africa seeks to found the Court’s jurisdiction on the 1948 UN Genocide
Convention, to which both countries are signatories. Israel rejects the
allegations.

ICJ/Frank van Beek
Aung San Suu Kyi appears at the UN International Court of Justice (ICJ) on 11
December 2019.

Another relatively recent case that gained international attention involved a
ruling against Myanmar in January 2020, ordering the country to protect its
minority Rohingya population and the destruction of evidence related to genocide
allegations. That case, which was brought by The Gambia, was notable for the
appearance of Aung San Suu Kyi, then the de facto leader of Myanmar, making an
appearance at The Hague to defend her country.

As for “advisory proceedings”, On 20 January 2023, the General Assembly
requested an advisory opinion from the Court on “Israeli practices affecting the
human rights of the Palestinian people in the Occupied Palestinian Territory,
including East Jerusalem”.

In March 2023, the UN General Assembly adopted a resolution to ask the court to
deliver an advisory opinion on the obligations of States in respect of climate
change, with most speakers in the resulting debate hailing the move as a
milestone in their decades-long struggle for climate justice. Both advisory
proceedings are ongoing.


WHO CAN BRING A CASE TO THE COURT?

Any 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.

In the case of The Gambia v Myanmar for example, The Gambia was not directly
concerned by the genocide allegations levelled against Myanmar, but that did not
preclude the country from bringing the action, on behalf of the Organisation of
Islamic Cooperation.

© UNOCHA/Saviano Abreu
Civilians died in the small village of Hroza in eastern Ukraine following an
attack.


WHAT ARE THE CONSEQUENCES OF A COURT RULING?

The rulings of the ICJ are final and there is no possibility of appeal.

It is up to the States concerned to apply the decisions of the Court in their
national jurisdictions, and, in most cases,they honour their obligations under
international law and comply.

If a country fails to perform the obligations incumbent upon it under a
judgment, the only remaining recourse is to turn to the Security Council which
can vote on a resolution, per the UN Charter. This happened in a case brought by
Nicaragua against the United States in 1984, demanding reparations for the US
support for Contra rebels.

The ICJ ruled in Nicaragua’s favour, but the US refused to accept the finding.
Nicaragua then took the matter to the Security Council, where a relevant
resolution was vetoed by the United States.


What is the International Court of Justice? 5 Facts about the World Court


HOW IS THE ICJ DIFFERENT FROM THE ICC?

There is frequent confusion between the International Criminal Court (ICC) and
the International Court of Justice (ICJ).

The simplest way to explain 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.

Also, whilst the ICJ is an organ of the United Nations, the ICC is legally
independent of the UN, (although it is endorsed by the General Assembly).

While not all 193 UN Member States are parties to the ICC, it can launch
investigations and open cases related to alleged crimes committed on the
territory or by a national of a State party to the ICC or of a State that has
accepted its jurisdiction.

Cases have been heard and decisions rendered on a range of violations, from
using rape as a weapon of war to conscripting children as combatants.

For a look back at the birth of the ICJ and the crucial role it plays in the
work of the United Nations, check out our newly published UN Video piece today,
part of our weekly Stories from the UN Archive series.

© UN News (2024) — All Rights ReservedOriginal source: UN News


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