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The International Court of Justice in The Hague | ||||||||||
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The Hague in the Netherlands is the seat of a very special kind of court: the International Court of Justice (ICJ). The Federal Republic of Germany is now solely answerable before this, the "principal judicial organ" of the United Nations, for the first time in its history. Germany has had action taken against it once before at the ICJ, along with other NATO allies, in connection with the aerial bombing of Serbia. The other cases which Germany itself initiated against the United States in 1999, concerning the death sentences passed against the brothers Karl and Walter LaGrand, who have since been executed, was concluded in 2001. There are currently 13 cases pending at the Court. The history of the Court traces back to 1899, when the first Hague Peace Conference was convened on the initiative of Tsar Nicholas II. The conference decided to establish a Permanent Court of Arbitration, to be based in The Hague. Later, in 1913, the Court took up residence in the Peace Palace (Vredespaleis) endowed by Andrew Carnegie. It was not a court in the conventional sense, but was composed of experts in public international law appointed by the governments of the participating states. Its purpose was to mediate in conflicts between states that could not be settled through diplomatic channels. In 1922, the existing Permanent Court of Arbitration was joined by a new body established by the League of Nations, the Permanent Court of International Justice (PCIJ). As the foundation of the United Nations got under way in 1945, the establishment of an International Court of Justice (ICJ) was agreed, which would continue residing at the Peace Palace in The Hague. The ICJ came into operation in 1946, and its Statutes form part of the Charter of the United Nations. The International Court of Justice in The Hague is the principal judicial organ of the United Nations (as laid down in Article 92 et seq. of its Charter). As such, it fulfils two functions: to decide on legal disputes between states, and to provide advisory opinions on questions of law presented to it by authorized international organizations. Only states may be parties in the cases brought before the Court. Those currently entitled to be parties are the 191 member states of the United Nations. Five other organs of the United Nations and 16 of its specialized international institutions are entitled to seek advisory opinions. The 15 judges who make up the International Court of Justice are elected by the United Nations' General Assembly and Security Council. At no time is any single nation permitted to have more than one member appointed to the Court. Judges are elected for a nine-year term, and one third of the membership is newly elected at three-year intervals. Members of the Court are permitted to stand for re-election. The judges do not represent the governments of their home countries, and act entirely as independent authorities. To be eligible, they must either be sufficiently qualified to hold the highest judicial office in their home country, or must be a recognized authority on public international law. The ICJ reaches decisions by majority vote, the President of the Court having the casting vote in the event of a tie. The current composition of the Court is as follows: President: Shi Jiuyong (China) Vice President: Raymond Ranjeva (Madagascar)
Gilbert Guillaume (France) Resolving conflicts by consensus Recourse to the International Court of Justice is optional. Both parties subject themselves voluntarily to its jurisdiction. Thus any contesting party that files an application to the ICJ acknowledges its readiness to comply with the Court's decision on the matter under dispute (Article 94 [1] of the UN Charter). On the other hand, if one of the parties subsequently refuses to accept a decision, the ICJ cannot enforce it against that country's will. Judicial execution would run counter not only to the concept of the sovereignty of states, but also to experience which has taught that conflicts between nations cannot be resolved by force, but only by establishing consensus. The proceedings before the International Court of Justice break down into a "written phase" during which the parties submit and exchange pleadings, and an "oral phase" during which the parties' agents and counsel appear before the Court in public hearings. The Court's proceedings take place in English and French, and all written and oral submissions in one of those languages are invariably translated into the other. After the oral phase of the proceedings, the Court deliberates in camera. Its decision is then announced at a public session. This decision is final, with no right of appeal. If one of the parties fails to comply with the Court's decision, the other is entitled to take the matter to the United Nations' Security Council. The Court performs its duties as a plenary body, but may also form smaller, specialized chambers if the parties so wish.
The ICJ has delivered 88 judgements since 1946. These have covered issues such as border disputes, the territorial sovereignty of states, renunciation of the use of force, the non-interference in a nation's internal affairs, diplomatic relations, hostage-taking, rights of asylum, issues of nationality, and matters of commercial law. In its advisory function, the Court has prepared 25 opinions since 1946. These have dealt with matters such as accession to the United Nations, reparation for damages that have arisen in the service of the UN, expenditure on certain UN operations, the status of the High Commissioner for Human Rights, the legality of nuclear deterrence, and also that of the use of nuclear weapons in armed conflict. |
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