Justice Across Borders: A Closer Look at the International Court of Justice

INTRODUCTION

When countries differ on where their border is or contest islets or a maritime zone consider or we can say that, when one state considers that another state has violated a convention or other rule of International Law and when United Nation or one of its agencies needs an opinion on legal issue, they can turn to the International Court of Justice.

WHAT IS INTERNATIONAL COURT OF JUSTICE?

The International Court of Justice or ICJ has its department in the Netherlands at the Peace Palace in the Hague, like the General Assembly and the Security Council, is a top organ of the United Nations and is the only one not to have its seat in New York. The International Court of Justice is top judicial organ of the United Nation and the world’s loftiest International Court.

HISTORY OF INTERNATIONAL COURT OF JUSTICE

The court has existed since 1946 and it has two sanctioned languages which are: –

  1. English and
  2. French

Its founding document is the enactment which is an integral part of the Charter of United Nations. All United Nation member states automatically fete the actuality of the court and can call on its services.

The International Court of Justice is the successor of another court created in 1922 by the League of Nations, between 1922 and 1940, the endless court handled around 60 cases it was dissolve after the Second World War.

The International Court of Justice succeeded the endless court on 18th of April, 1946, inheriting not only its enactment but also its justice and traditions.

PART OF INTERNATIONAL COURT OF JUSTICE

The International Court of Justice has two places-

  1. To decide controversies between countries these are known as contentious cases.
  2. To respond to legal questions submitted to it by the General Assembly, the Security Council and other United Nation organs or agencies. These cases are known as premonitory proceedings. Since, the court was established and dealt with numerous cases.

The International Court of Justice is not a felonious court and it does not try individualities, only difficulties between countries can be submitted to it.

APPOINTMENT IN INTERNATIONAL COURT OF JUSTICE

The court consists of 15 judges. The judges are elected for 9 Years by the General Assembly and the Security Council. Five posts are renewed every 3 Years. The judges may re-elect. The members of the court must all be from a different country, they do not represent the countries, they are independent judges.

COMPOSITION OF THE COURT

The composition of the court reflects the following geographical balance-

  1. 3 seats on the bench are African Judges;
  2. 2 seats are Judges from Latin America and the Caribbean;
  3. 3 seats are of Asian Judges;
  4. 5 seats are of Judges from Western Europe and other Western States and;
  5. 2 seats are of Judges from Eastern Europe.

Although, no country is entitled to a seat in practice the court has always included one judge from each of the five endless members of the Security Council.

If the court does not have a judge of the nation of the state’s parties to a particular case. Those countries can each choose as judge Ad Hoc.

These judges can be of any nation and have the same rights and duties as tagged judges. Every three times the court elects its chairman and vice chairman.

The chairperson’s president all sitting of the court he or she directs its work and supervises its administration.

ADMINISTRATION OF THE INTERNATIONAL COURT OF JUSTICE

Each year the president submits a report on the activities of the International Court of Justice to the General Assembly in New York. The court is administratively independent. It is the only organ of the United Nation that is not assisted by the UN Secretariat.

The judges are assisted by the registrar who is elected by the court for a renewable term of 7 years. The registrar is the head of the court Secretariat. Its registry of staff members is recruited from all over the world, the registrar performs judicial, diplomatic, and administrative functions.

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