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International Court of Justice

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Preliminary   > International Relations   >   International Institutions   >   United Nations and its agencies

Why in news?

  • Pakistan's Parliament enacted a law to give Indian death-row prisoner Kulbhushan Jadhav the right to file a review appeal against his conviction by a military court. It was aimed to fulfill the obligation under the verdict of the International Court of Justice (ICJ).

More about the news:

  • Jadhav, a retired Indian Navy officer, was sentenced to death by a Pakistani military court on charges of espionage and terrorism in April 2017.
  • India approached the International Court of Justice (ICJ) against Pakistan for denial of consular access to Jadhav and challenging the death sentence.
  • ICJ issued a verdict in 2019, asking Pakistan to give India consular access to Jadhav and also ensure review of his conviction.

About International Court of Justice (ICJ):

  • The International Court of Justice , sometimes known as the World Court, is one of the six principal organs of the United Nations (UN).
  • It settles disputes between states in accordance with international law and gives advisory opinions on international legal issues.
  • The ICJ is the only international court that adjudicates general disputes between countries, with its rulings and opinions serving as primary sources of international law.

History:

  • The ICJ is the successor of the Permanent Court of International Justice (PCIJ), which was established in 1920 by the League of Nations.
  • Following the Second World War, both the League and the PCIJ were replaced by the United Nations and ICJ, respectively.
  • The Statute of the ICJ, which sets forth its purposes draws heavily from that of its predecessor, whose decisions remain valid.
  • Since the entry of its first case in 1947, the ICJ has entertained 178 cases through November 2019.

ICJ has two fold jurisdictions:

  • (a) Contentious cases:
    • It is the legal disputes between States submitted to it by them
    • Only States which are members of the United Nations and which have become parties to the Statute of the Court or which have accepted its jurisdiction under certain conditions, are parties to contentious cases.
    • The judgment is final, binding on the parties to a case and without appeal.
    • By signing the Charter, a Member State of the United Nations undertakes to comply with the decision of the Court in any case to which it is a party.
    • A State which considers that the other side has failed to perform the obligations incumbent upon it under a judgment rendered by the Court may bring the matter before the UN Security Council, which is empowered to recommend or decide upon measures to be taken to give effect to the judgment.
  • (b) Advisory proceedings:
    • Requests for advisory opinions on legal questions referred to it by United Nations organs and specialized agencies.
    • Advisory proceedings before the Court are only open to five organs of the United Nations and 16 specialized agencies of the United Nations family or affiliated organizations.
    • Opinions provided by the court in advisory proceedings are essentially advisory and not binding.

Judges:

  • The ICJ is a panel of 15 judges elected by the General Assembly and Security Council for nine-year terms.
  • No more than one judge of a given nationality may serve on the court at the same time, and judges as a whole must represent the principal civilizations and legal systems of the world.
  • Dalveer Bhandari from India is currently a judge and is likely to serve till 2027.

Add ons:

  • Seated in the Peace Palace in The Hague, Netherlands, the ICJ is the only principal UN organ not located in New York City.
  • Its official working languages are English and French.

PRACTICE QUESTION:

Consider the following statements regarding International Court of Justice (ICJ):

1. International criminal court functions under the Jurisdiction of ICJ.

2. India has never been part of a dispute at ICJ.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer