Await the Verdict: The International Court of Justice, the Judicial Body Ensuring Global Peace
04 Aug 2024 Talal Abu-GhazalehOn June 26, 1945, the United Nations Charter was signed, establishing the International Court of Justice. This event followed a meeting of representatives from countries in San Francisco, driven by a desire to achieve global peace after the destruction caused by World War II.
Thus, the International Court of Justice (ICJ) was born, becoming the principal judicial organ of the United Nations to ensure the peaceful settlement of international disputes. It held its first inaugural session in April 1946 at the Peace Palace in the Netherlands. Since then, this place, located on the North Sea coast, has become a symbol of international justice and world peace, and one of the six main organs of the United Nations, headquartered outside New York City
However, the establishment of the International Court of Justice was not an instantaneous event; rather, it was the result of a series of earlier attempts to create an international legal institution dedicated to the peaceful resolution of disputes between states. The roots of this idea trace back to the 19th century when the Permanent Court of Arbitration was established during the First Hague Peace Conference in 1899.
However, it was not a permanent judicial body, but a mechanism for forming arbitration panels as needed.
In 1919, following the establishment of the League of Nations after World War I, a permanent court was established to deal with international disputes. However, the outbreak of World War II severely hampered its work, leading to the need for a new institution after the war. Thus, the International Court of Justice (ICJ) was established, inheriting the powers of the Permanent Court of Arbitration, but more comprehensively and independently.
The main mission of the International Court of Justice is to settle disputes between states per international law and to provide advisory opinions on legal matters referred to it by United Nations bodies and specialized international agencies. It relies on the voluntary participation of states, meaning that when a state agrees to be a party to a case before the court, it commits to complying with its binding decisions.
The International Court of Justice is considered a guardian of international law, working to resolve disputes between states through legal means, issuing binding decisions for member states, and providing legal guidance on the interpretation and application of international treaties. It also strives to promote and protect human rights through its decisions and rulings, contributing to the achievement of justice and fairness on a global scale.
The International Court of Justice consists of 15 judges elected by the United Nations General Assembly and the Security Council for nine-year terms. This composition reflects a specific geographical balance: three judges from Africa, two from Latin America and the Caribbean, three from Asia, five from Western countries, and two from Eastern Europe.
Historically, the Court has always included a judge from each of the five permanent members of the United Nations Security Council: The United States, the United Kingdom, France, Russia, and China.
Whenever the court considers a case, it follows precise procedures that begin with the submission of written arguments and evidence, followed by oral hearings before the judges. After that, the court conducts its confidential deliberations, which usually last between four and six months, before issuing its final and binding decisions, which cannot be appealed.