The International Court of Justice Review Example

The International Court of Justice is the body tasked by the United Nations to settle judicial disputes by member countries (Columbia Encyclopedia, 2007). The body was established by virtue of Article 14 of the fundamental law of the international body (Columbia, 2007). The ICJ took over the position held by the Permanent International Court of Justice, and is mainly founded on the same principles as that of the former judicial entity (Columbia, 2007). Located in its permanent headquarters at The Hague in the Netherlands, the body is comprised of 15 justices, with no tow coming from one country (Columbia, 2007).

The body operates that each member of the United Nations are compulsory members of the body, thus making the decision of the Court mandatory and binding on all member states (Columbia, 2007). If a nation is not a member of the group, then they can choose either to adhere to refuse the decision of the Court (Columbia, 2007). If a nation defies the order of the Court, then the body can appeal to the United Nations Security Council to enforce its decision (Columbia, 2007).

In 1939, World War II erupted upon the word stage, having deleterious effects on the Permanent International Court of Justice (International Court of Justice). In December 1939, the court moved to Geneva, leaving a single judge in the Hague office with a few clerks who were Dutch (International Court). By 1943, four countries, namely China, the Soviet Union, the United Kingdom and the United States agreed that thee was still a need for an international judicial body (International Court).

On the initiative of the United Kingdom and the United States, the body to succeed the PCIJ was determined to follow the same tenets of the PCIJ (International Court). In 1944, the United States drafted a report to be submitted to the San Francisco Conference, at the same time that the assembly was crafting the charter of the future United Nations (International Court). The Court exercises the concept of twin jurisdictions in the disposition of cases bought before it (International Court).

It decides on cases where the states bring before it legal matters using international law as the basis (International Court). Only nations can appear before the Court (International Court). Private individuals, international groups and other parties not do so (International Court). In Article 35 of the charter, the conditions by which parties can appear before the Court are laid out (International Court). The second paragraph regulates which parties who are not members of the UN can appear in the Court (International Court).

The other mechanism by which private and international groups only can appear before the Court is that they seek an advisory opinion before the Court (International Court). As the judgments of the Court are compulsory in nature to be obeyed by member states, the advisory opinion mechanism carries no binding force on the parties’ concerned (International Court). In this context, the parties’ can decide freely how to treat the decisions of the Court (International Court). But the opinions have significant moral and legal bearings (International Court).