10 ICJ Flashcards
(19 cards)
What is ICJ
- Principal judicial organ of the UN
- Standing tribunal built to settle legal disputes between states
- To give advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies.
- Replaced the Permanent Court of International Justice (PCIJ) after WWII.
ICJ as organisation
- 15 judges elected by the UN Security Council and General Assembly for nine year terms.
- Staggered, (elected every three years, but sits there for 9)
ICJ Jurisdiction
- Special agreements
- Treaty provisions
- Unilateral declarations
- Forum prorogatum
- Optional Clause
Treaty provisions and ICJ’s jurisdiction
States may agree by explicity writin in the treaty to accept the jurisdiction of the Court for defined categories of future disputes.
Genocide convention article 9: Explicity states that they recognize ICJ’s jurisdiction if any state-member puts forward the dispute.
Special agreements
Where two states jointly submit a particular dispute.
Unilateral declaration
ICJ art. 36(2)
“States can make a unilateral declaration recognizing the ICJ’s compulsory jurisdiction”
US’s intervention in contra-activities against Nicoraguga’s goverment (CIA support). Argues they weren’t under ICJ jurisdiction, as their 1946 unilateral declaration recgonize ICJ jurisdiction.
Reservation excluding disputes related to multilateral treaties unless all treaty parties were also involved in the case
Forum Prorogatum
Filing application to ICJ, both state paryies must consent.
- Corfu Channel Case (United Kingdom v. Albania, 1947)
Background: The UK filed an application against Albania for damages caused by Albanian-laid mines in the Corfu Channel.
No Pre-Existing Jurisdiction: There was no treaty or unilateral declaration binding Albania to ICJ jurisdiction.
Albania participated in preliminary proceedings, which the ICJ interpreted as an implicit acceptance of its jurisdiction.
Significance: The ICJ confirmed its jurisdiction based on Albania’s post-application consent.
Optional Clause
Article 36(2) of the ICJ Statute allows states to declare they accept the Court’s compulsory jurisdiction for disputes with other states that have made similar declarations, though mutual consent is required for jurisdiction to arise.
ICJ judgements
Judgments are final without appeal, binding upon the parties to the case.
ICJ advisory opinion
Not binding. The purpose is to provide legal guidance on questions of international law, requested by authorized bodies.
ICJ and power to enforce
The Court does not have the power to enforce its judgments. The UN Charter (Article 94(1)) places the onus for enforcement on the Security Council.
Provisional measures
Temporary actions ordered by the International Court of Justice (ICJ) to protect the rights of parties involved in a case while the Court is considering the merits of the dispute.
ICJ art. 62
Third party state can request ICJ to intervene in an ongoing case due to legal interest.
Joinder of cases
Is the procedure through which two cases involving some of the same parties/similar issues brought before the Court can be joined.
Authoritan states
- countries that lack human rights such as freedom of religion,
- Countries where the government and opposition do not alternately hold power following free elections.
Guyana vs. Venezuela
Issue: Concers territory Venezuela claims. Guyana has had this since 1899.
Provisional measure: ICJ made a provisional measure, commanding Venezuela not to make a referendum.
Not known if they consent ICJ. But argue theoretically.
Myanmar vs. Gambia : ICJ
Both ratified ICJ
Article 9 states that disputes should be resolved in ICJ.
Dispute is based on “interpretation, application, or fulfillment”.
ICJ provisional measures:
1. Myanmar must take steps to preserve any evidence of wrongdoing under the Genocide Convention.
2. Myanmar must take steps to prevent further genocidal acts by its own forces or by groups or forces acting within its territory over which it has any “control, direction, or influence.”
ICJ requires that the order for provisional measures be transmitted to the U.N. Security Council for review.
Netherlands/Canada v Syria case
June 2023.
NE + CA filed a case against Syria on CAT.
All three are part of CAT.
Requests provinsional measures.
Not stated in CAT that ICJ can take disputes.
Filed, as art. 30 of Rome Statute outlined resolving the dispute thorugh negotiation and if not working by arbitration. None of this worked.
Explaining the International Court of Justice’s Ruling on Israel and Gaza
South Africa filed a case against Israel to ICJ.
Provisional measure: The Court required that Israel ensure that it does not commit acts that might fall within the scope of the Convention on the Prevention and Punishment of the Crime of Genocide.
