Here are some key points about the International Court of Justice (ICJ) that you might find useful for UPSC General Studies:
- Establishment: The International Court of Justice (ICJ), often referred to as the World Court, is the principal judicial organ of the United Nations (UN). It was established in 1945 by the UN Charter and began its operations in 1946.
- Location: The ICJ is headquartered in The Hague, Netherlands.
- Jurisdiction: The ICJ has jurisdiction to hear disputes between states. However, it does not have jurisdiction over individuals or non-state entities. It settles legal disputes submitted to it by states and provides advisory opinions on legal questions referred to it by UN organs and specialized agencies.
- Composition: The Court is composed of 15 judges elected to nine-year terms by the UN General Assembly and the Security Council. These judges are chosen based on their qualifications, impartiality, and representativeness of the principal legal systems of the world.
- Advisory Function: Besides its role in settling disputes, the ICJ also has an advisory function. It provides advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies. These opinions are non-binding but carry significant weight in international law.
- Legal Principles: The ICJ applies principles and rules of international law to settle disputes between states. These may include treaties, customary international law, general principles of law recognized by civilized nations, and judicial decisions and teachings of qualified publicists.
- Cases: The ICJ has dealt with a wide range of cases covering various legal issues such as territorial disputes, maritime boundaries, state sovereignty, human rights, environmental law, and diplomatic relations.
- Enforcement: The ICJ lacks a direct enforcement mechanism. Its judgments are binding on the parties involved, and states are expected to comply with them in good faith. However, there is no international police force to enforce these judgments. Compliance relies on the willingness of states to abide by the court’s decisions.
- Significance: The ICJ plays a crucial role in the peaceful settlement of international disputes and contributes to the development and clarification of international law. Its decisions and advisory opinions contribute to the stability and predictability of the international legal order.
- India and the ICJ: India has been involved in several cases before the ICJ, including disputes with Pakistan over issues such as the maritime delimitation in the Arabian Sea and the consular access for an Indian national sentenced to death in Pakistan.
Understanding these points will provide a solid foundation for addressing questions related to the International Court of Justice in the UPSC General Studies examination.
