nternational Court of Justice(ICJ)- United Nations/Public International Law

Hi everyone so once again welcome you all on LawVita here this is Radhya Gupta and today in this video we are going to discuss the topic of International Court of Justice under the major topic of United Nations Organization. In this video we will be discussing that what are the main objectives of ICJ, what is the composition of ICJ, what is the judgment of this court, what law is applied by this court, what is the judgment procedure of this court, what is the enforcement procedure of the judgment of this court and what is the role of ICJ in the development of international law. We will read all these things in detail so let's begin ICJ means International Court of Justice is the principal judicial organ of United Nations ICJ is the principal judicial of UN Charter Article 92 of UN Charter states that ICJ is the principal judicial organ of United Nations then the court carry out its functions according to the statute which is an integral part of the Charter. Friends till now whatever we have read like General Assembly, Security Council, Secretariat all these things were mentioned in UN Charter. All the things of ICJ from Composition to Judgment Procedure to Jurisdiction all these things have a separate statute that is Statute of ICJ on that all the details of functions of ICJ, the court carry out its functions according to the statute which is an integral part of the Charter. This is a part of the Statute of ICJ. Now let's see what are the main objectives of ICJ. Basically there are two. First to settle the international disputes or situations which are submitted to it by the states in accordance with the principles of justice and international law. What does ICJ do? It settles all the disputes of international level, provides decision and remedy to the states which are the party states and what is the basis of providing decision or settling disputes? They are the principles of justice as well as the principles of international law. And the second objective is to render the advisory opinion on legal questions to anybody which has been authorized in accordance with UN Charter. The objective of settling disputes is to give an advisory opinion on legal questions to anybody whoever is authorized in accordance with UN Charter. It delivers its advisory opinion on legal questions and legal dilemmas. Now let's see what is the composition of ICJ. Basically I have divided the composition into points. So in total there are 13 points in my notes. So point number 1 is that the court consists of 15 judges. Article 3 paragraph 1 states that there are 15 judges in ICJ or we can say that there are 15 members in ICJ. Point number 2 is that two of them may not be nationals of the same state. If there are 15 judges then two judges should not be of the same nationality. They should not belong to the same state. Third point, judges of the court are to be elected by General Assembly and by Security Council independently but simultaneously. Point number 4 is that judges are elected by these two organs of UN from a list of persons nominated by national groups in Permanent Court of Arbitration established by Hague Convention of 1907. Now when these two organs General Assembly and Security Council elect judges, there is a list of persons nominated by the national groups in the Permanent Court of Arbitration. There is a court Permanent Court of Arbitration which was established by Hague Convention of 1907. So the list of persons nominated in this court are further elected by ICJ by General Assembly and Security Council. This is explained in Article 4. Article 3 states the total number of judges i.e. 15. Article 8 states who elects and from where is elected in Article 4. Point number 5 is Article 20 of the statute i.e. statute of ICJ lays down that judges before taking up their duties are required to make a solemn declaration in open court that they will exercise their powers impartially. Article 20 of the statute of ICJ states that judges before performing their duties or before exercising their powers will impart justice impartially and will not be biased. They will provide fair justice. Point number 6 states that there should be persons of high moral character. The person who is being elected as a judge of ICJ should have a high moral character. Point number 7 states that judges of the court may not exercise any political or administrative function or engage in any other occupation of professional nature. Article 16 of the statute states that judges who are elected as a judge of ICJ will not engage in any other political, administrative or professional occupation. It is must to be the judge of ICJ. Point number 8 states that they are required to possess the qualifications required in their respective countries for appointment in the highest judicial offices. The person who is being elected as a judge of ICJ, it is necessary that he has attained the required qualification. What qualification? Qualification required in their respective countries for the appointment in the highest judicial offices. This has been said in Article 2. Point number 9 states that judges are elected for a period of 9 years. Article 13 of the statute states that judges of ICJ are tenured for 9 years. Now the question for this video is that what is the tenure of judges in the Indian Supreme Court and what is the tenure of judges in the High Court? Now the 10th point is that the terms of 5 judges elected at the first election expired at the end of 3 years and the terms of another 5 judges expired at the end of 6 years. Next, retiring judges are elected for re-election. Members of court cannot be dismissed unless he has ceased to fulfill the required conditions. What are the conditions that must be fulfilled? It is explained in Article 16 and Article 17 of the ICJ statute. And the last point of our composition is that the quorum of the court is fixed at 9 judges. It is fixed at 9 judges. It is said in Article 25. Our composition is complete. Now we will read the next. There are 2-3 bullet points. The first was the first election of ICJ. When was the first election of the International Court of Justice? It was in April 1946. Who was the first lady judge of ICJ? The first lady judge of ICJ was Mrs. Rosaline Higgins. And the present Indian judge in ICJ is Mr. Dalveer Bhandari. Question number 2 is that from which year is Mr. Dalveer Bhandari the judge of ICJ? He is present but from which year? The next heading is our president. It is said in Article 25 that how is the election of the president of ICJ? The court elects its president and vice president for a period of 3 years. The court elects the president and vice president for 3 years. After 3 years, the new president and vice president are elected. And they may be re-elected after the expiry of the term. Once the term expires, they can be re-elected. It is said in Article 25. Next is ad hoc judges. Article 31, paragraph 2 of statute. Basically, it explains about ad hoc judges. It provides that in cases where the party has no national judge in the court, it may appoint a person to sit as a judge ad hoc for the purpose of the case. If a party has taken its case and there is no judge of its state in the court, then it can appoint any person as a judge ad hoc judge for the purpose of that case. Ad hoc judges are not permanent judges. Remember, ad hoc judges are not permanent judges. They are allotted for a limited time and sit only in a particular case for which they are appointed. The particular case for which they have been appointed, they deliver their justice for that case only. After that, they do not remain judges. It is also possible to appoint ad hoc judges in advisory proceedings. In addition to solving the case, ad hoc judges can also be appointed for any advisory proceedings. It is possible. These are our ad hoc judges. Article 31, paragraph 2. Now, next is jurisdiction of the court. What is the jurisdiction of this court? It is said in Article 36, paragraph 1. It lays down that jurisdiction of the court comprises all cases in which the parties refer to it. Every case that the parties take to the ICG, there is a jurisdiction of the court in all of them. Article 36, paragraph 1. The court does not decide all the disputes. Remember, every dispute that is with the ICG is not necessary that it will provide decisions to everyone. It will decide everyone. It decides only such which is a legal dispute. It settles only that dispute and decides which is a legal dispute. What is a legal dispute? That is where the parties to the dispute base their respective claims and contentions on grounds recognized by international law. It settles only those disputes whose claims and contentions are recognized by international law. The ICG considers the same dispute as a legal dispute and provides a decision in it. This is done. We have a case in this. Nicaragua vs Honduras. The court stated that the court is only concerned with cases involving a legal dispute. The court means that the ICG is only concerned with cases involving a legal dispute. Nicaragua vs Honduras. The jurisdiction of the court may be divided broadly into two categories. The jurisdiction is basically divided into two categories. One is contentious jurisdiction and one is advisory jurisdiction. Contentious and advisory. So this is the jurisdiction of the court. Next is the law applied by the court. What law is applied by the court? This is in Article 38 Para 1. The part of the ad hoc judges was in Article 31 Para 2. And the jurisdiction was in Article 36 Para 1. And here the law applied by the court is Article 38 Para 1. It lays down that disputes which are submitted to it are decided in accordance with international law. It says that whatever disputes come to the ICG, it decides in accordance with international law. Any case is decided on the basis of principles and laws of international law. The court shall apply international conventions, international customs, general principles of law recognized by civilized nations, judicial decisions and teachings of the most highly qualified publicist. These are the things that the court provides its decision by applying. Next is the judgment of the case. We have a case on this. That is Libya Malta case. Application for permission to intervene. In this case, it was noted by the court that it was the duty of the court to give the fullest decision it may in the circumstance of each case. In this case, it was said that it is the duty of the court that if a case has come to him and he is making a decision in it, then he should provide the full decision in the circumstance of each case. This is the duty of the court. This is Libya Malta case. Application for permission to intervene. Now something else about the judgment of the court. The decision of the court according to article 59 of statute is binding between the parties and in respect of that particular case. It was said in article 19 that the decision of the court will be binding for the parties. Both the parties will have to follow that decision and in respect of that particular case. The judgment of the court is final and without appeal. Article 60 says that the judgment is without appeal. It is not appealable and it is final. Judgment shall state the reasons on which it is based. The reasons should be written in the judgment on which it is based. On which basis the judgment has been given should be mentioned. It is said in article 56 paragraph 1. It shall contain the names of the judges who have taken part in the decision. The name of the judges who have provided the decision should also be in the judgment. It is said in article 56 paragraph 2. Judgment is signed by president and by registrar. Judgment should be signed by both the president and the registrar. And it is read in open court after having been given due notice to the agents. After giving due notice to the agents. If it is needed then the judgment should be read in open court. It is said in article 58. First we read the case. Then we read that the decision is binding between the parties. Judgment is final. It is not appealable. The reasons should be mentioned. The names of the judges should be there. It should be signed. And it should be readable in open court. Next is enforcement of judgment. All members of the UN are required to comply with the decisions of the court in accordance with article 94 paragraph 1. Article 94 paragraph 1 says that all the members of the UN. All the members of the UN should comply with the decisions of the court in accordance with article 94 paragraph 1. The last heading is the role of ICJ in the development of international law. What is the role of ICJ in the development of international law? We are reading international law. Decisions of the court reveal that it has played a significant role in the development of international law. All the decisions of the court reveal that it has played a significant role in the development of international law. It has dealt with major questions in conformity with international law. ICJ has provided decisions related to international law. It has delivered judgment on disputes. It has provided judgment on disputes related to concerns. Concerns regarding land frontiers, maritime boundaries, territorial sovereignty, non-use of force, non-interference in the internal affairs of states, diplomatic relations, nationality, guardianship, rights of passage and economic rights, etc. It has provided judgment on many other concerns. The court has given advisory opinions on legal questions. It has given advisory opinions on many other questions. Advisory opinions on territorial status of South West Africa and Western Sahara, expenses of certain UN operations, legality of the threat or use of nuclear weapons. ICJ. Code contributed towards the development of international law in two directions. Basically ICJ has contributed towards the development of international law in two directions. Firstly, it interpreted and applied the existing laws, existing rules in such a way so as to resolve the issues affecting the life of nation. First, in which aspect it has done that all the existing rules, existing laws of international law, it has interpreted and applied those issues and problems and provided its decision and resolved it. Secondly, in those cases where no rule existed in international law where the court was faced with new situation, it involved certain new principles. There were some cases in which there was no rule existing in international law or it was a situation which the court faced for the first time. So in such cases, in such situations, ICJ has also involved certain new principles. So this is a very important and significant role that ICJ has played in the development and growth of international law and with this point here we are done with our topic of this whole ICJ. I have covered a lot of relevant things from my aspect. There may be some things that I am missing. So you guys share in the comment box. Tell us how you liked the video in the comment. 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