International Court of Justice (ICJ)
Why it Matters?
The International Court of Justice (ICJ) stated in a landmark advisory opinion that failure by states to act on climate change may violate international law and could lead to reparations for affected nations.
What You Should Know?
ICJ is the principal judicial organ of the United Nations (UN), established by the Charter of the United Nations in June 1945, and began functioning in April 1946.
ICJ succeeded the Permanent Court of International Justice (PCIJ), which was created by the League of Nations.
The PCIJ was formally dissolved in April 1946, and its last president, Judge José Gustavo Guerrero became the first president of the ICJ.
The seat of the ICJ is at the Peace Palace, The Hague, Netherlands, the only UN principal organ not located in New York City.
Composition:
The ICJ has 15 judges, elected for 9-year terms by the UN General Assembly and Security Council, voting separately but simultaneously.
To be elected, a candidate must get a majority of votes in both the UNGA and UNSC.
One-third of the court is elected every three years (triennially); elections are held at UN Headquarters, New York.
The President and Vice-President of the ICJ are elected by secret ballot for 3-year terms.
Jurisdiction and Functions:
ICJ settles legal disputes between States and gives advisory opinions on legal questions referred by authorized UN organs and specialized agencies.
English and French are the official languages of the ICJ.
All UN members are parties to the ICJ Statute, but ICJ jurisdiction requires mutual consent of the States involved.
ICJ judgments are final and binding, with no provision for appeal, but may be subject to interpretation or revision upon discovery of new facts.
The ICJ has no enforcement mechanism, and compliance depends on States' willingness.
India and ICJ:
India has been involved in six cases at the International Court of Justice (ICJ), four of which were against Pakistan, including the notable Kulbhushan Jadhav case (2019).
Prominent Indian judges at the ICJ include Nagendra Singh, R.S. Pathak, Sir Benegal Rau, and Dalveer Bhandari.