INTERNATIONAL COURT OF JUSTICE (ICJ) – INTERNATIONAL
News: Israel Rejects
Genocide Allegations at International Court of Justice
What's in the
news?
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Israel presented its case at the
International Court of Justice (ICJ) and rejected allegations of genocide
levelled by South Africa in connection with the ongoing war in Gaza.
Key takeaways:
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In a heated two-day hearing, Israel
argued that if genocidal acts had occurred, they "had been perpetrated
against Israel.
ICJ:
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The International Court of Justice (ICJ)
is the principal judicial organ of
the United Nations (UN).
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It was established in June 1945 by the Charter of the United
Nations and began work in April 1946.
Location -
Peace Palace in The Hague
(Netherlands).
Key
Features:
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It is the only principal UN organ not
located in New York (United States of America).
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The Court’s role is to settle, in
accordance with international law, legal disputes submitted to it by States and
to give advisory opinions on legal questions referred to it by authorized
United Nations organs and specialized agencies.
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It is assisted by a Registry, its
administrative organ.
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Its official languages are English and French.
Composition:
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The Court is composed of 15 judges, who are elected for terms of office of nine years by the United
Nations General Assembly and the Security Council.
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The candidate should get an absolute
majority in both the UNGA and the UNSC to be elected.
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The judges have a tenure of nine years
each.
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No
two judges can have the same nationality in the ICJ.
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Elections are held every three years for
one-third of the seats, and retiring judges may be re-elected.
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The members of the ICJ do not represent
their governments but are independent magistrates.
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The judges must possess the qualifications
required in their respective countries for appointment to the highest judicial
offices, or be jurists of recognized competence in international law.
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The judges are distributed as per the
regions:
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3 from Africa
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2 from Latin America and the Caribbean
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3 from Asia
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5 from Western Europe and other states
■
2 from Eastern Europe
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Among the 15 judges, there is a President,
a Vice President and a Registrar.
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Every State government party to the Charter
designates a group that proposes candidates for the office of ICJ judges.
Jurisdiction:
The ICJ has two types of
jurisdictions:
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Contentious
cases:
○
ICJ, in accordance with international law,
settles disputes of legal nature that are submitted to it by states.
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Countries should apply and only then
appear before the ICJ. International organisations, other authorities, and
private individuals are not entitled to institute proceedings before the ICJ.
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The
Court can only deal with a dispute when the States concerned have recognized
its jurisdiction.
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The
judgment is final, binding on the parties to the case and without an appeal.
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Advisory
opinions:
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The advisory procedure is available to
five UN Organs, fifteen Specialized Agencies and one Related Organisation.
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Despite having no binding force, the
Court’s advisory opinions nevertheless, carry great legal weight and moral
authority and thus help in the development and clarification of international
laws.
Limitations:
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It has no jurisdiction to try individuals accused of war crimes or crimes
against humanity. As it is not a criminal court, it does not have a prosecutor
able to initiate proceedings.
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The ICJ is not an apex court to which
national courts can turn to. It is also not a court of last resort for people.
It also does not act like an appeal court for international tribunals, however,
it can make a ruling on the validity of the arbitration awards.
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The
ICJ cannot suo moto take up a case. It can only hear cases or disputes when
requested to do so by States. It can also not investigate and rule on acts of
States.
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The ICJ
only has jurisdiction based on consent, not compulsory jurisdiction.
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It does not enjoy a full separation of
powers, with permanent members of the Security Council being able to veto
enforcement of cases, even those to which they consented to be bound.