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International institutions
International Court of Justice (ICJ)

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations, located in The Hague, Netherlands. Its primary role is to settle legal disputes between states submitted to it by states and to give advisory opinions on legal questions referred to it by authorised international organs and agencies. The ICJ was established in 1945 by the UN Charter and began its work in April 1946.

Jurisdiction

Over State Disputes

The ICJ’s jurisdiction is limited to cases submitted by states. It handles disputes involving issues like territorial boundaries, maritime zones, and diplomatic relations. States must consent to the Court’s jurisdiction, either generally, in specific treaties, or on an ad hoc basis.

Advisory Opinions

The ICJ can provide advisory opinions on legal questions referred to it by the UN General Assembly, Security Council, or other UN agencies. These opinions are not binding but carry significant moral and political weight.

Example Cases

  • Nicaragua v. United States (1986): The ICJ ruled that the US violated international law by supporting Contra rebels in Nicaragua and planting mines in Nicaraguan harbours.
  • Bosnia and Herzegovina v. Serbia and Montenegro (2007): The ICJ found that Serbia had failed to prevent genocide in Bosnia during the 1992-95 war and did not punish the perpetrators.

Consent and Enforcement

The ICJ’s rulings are binding, but the Court has no means to enforce its decisions. Enforcement relies on the UN Security Council, which may face political challenges.