The decisions of the International Court of Justice apply to almost every country in the world. Yet many of us are unaware that such a court exists and often confuse it with the International Criminal Court. In this article we will therefore explain what the International Court of Justice is, what it decides and how it differs from the International Criminal Court.
The International Court of Justice (ICJ for short) was established in 1945 as the principal judicial organ of the United Nations(UN). Its main task is to adjudicate disputes between states. The ICJ thus deals with disputes submitted to it by individual states, deciding primarily on the basis of their treaty obligations.
It is also responsible for the interpretation of international agreements, conventions and norms. The decisions of the ICJ are binding on all States involved and cannot be appealed. Last but not least, it provides advice at the request of the UN and other international organisations.
The ICJ thus plays a key role in mediating and resolving international disputes and is an important instrument for maintaining peace and stability in the world based on the rules and principles of international law.
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The International Court of Justice has a long history, dating back to the inter-war period. Its predecessor was the Permanent Court of International Justice , established in 1922 by the League of Nations (the predecessor of today’s UN). It was based in The Hague and adjudicated disputes between member states and organisations. Its de facto activities ended as a result of the Second World War.
After World War II, it was replaced by the International Court of Justice under the provisions of the UN Charter, which came into force in 1945. This made it the highest judicial organ of the UN, responsible for settling disputes between states and providing legal advice at the request of various international organizations, and it continues to function as such to this day.
Tip: You can also read about how the law of another major international organisation – the European Union– works.
Judges of the International Court of Justice are elected to ensure diversity and representation of different legal traditions and cultural backgrounds. It is therefore important that, for example, Anglo-Saxon law, which relies heavily on judicial precedents, continental law, which we have here, or Islamic Sharia law are represented.
The Court consists of 15 judges who are elected by the UN General Assembly and the UN Security Council. Each judge serves a nine-year term and their terms are staggered so that five judges rotate every three years.
Only a person of presumed moral character can become a judge. They must also be qualified to hold the highest judicial positions within their country (e.g., the Constitutional Court) or be an attorney with experience in international law. Judges of the International Court of Justice must be independent of their state and therefore cannot act in its favour.
Tip: Learn how to become a judge in the Czech Republic. What conditions you have to meet, how the appointment process works and how much you earn.
Given the total number of judges, it is not possible to elect one judge for each state, but care is taken to ensure that there is as much diversity as possible. The rule is that no two judges may be elected from the same state. It is also an unwritten rule that five judges are elected from Western countries (i.e. the USA, Western Europe or Australia), three from African countries, two from Eastern Europe, three from Asia and two from Latin America and the Caribbean. At present, the judges of the International Court of Justice include judges from Lebanon, Slovakia, China, Romania and Uganda. Traditionally, one judge from France, China, Russia, the United Kingdom and the United States has a place. There has not yet been a judge from the Czech Republic.
The International Court of Justice usually sits as a whole group, but can also form chambers of three or five judges. These chambers can be formed on an ad hoc basis.
Decisions of the International Court of Justice can affect all UN member states. The ICJ adjudicates disputes only between states, not between individuals or corporations. However, this does not mean that it cannot resolve individual problems. In this case, however, a state must bring a case on behalf of that individual. However, in order for the ICJ to adjudicate, it needs the consent of both states (most often this consent is provided in various international treaties). Pending a judgment, the ICJ may order interim measures to protect the rights of either state.
In addition to resolving disputes, the ICJ also has an advisory function. However, this serves only certain UN organs. Although its opinions do not have legal effect, they are widely respected and adhered to principles.
One of the most famous disputes decided by the International Court of Justice (ICJ) was the 1980 dispute between the United States of America and Iran. This dispute consisted of Iranian revolutionaries taking control of the U.S. embassy in Tehran to express support for the revolution. Along with this, they took more than 60 American diplomats and citizens hostage.
In this case, the ICJ ruled that Iran had violated international law by failing to protect the US embassy and ensure its integrity and security. The ICJ judgment recognized the right of the US to compensation for the harm caused by this violation of international law.
Often confused with the International Court of Justice is the International Criminal Court (ICC), which is also based in The Hague, Netherlands. However, unlike the ICJ, it is not under the UN and does not focus on disputes between states, but on individuals and their international crimes. Specifically, it deals with four groups of international crimes:
Tip: Read how to protect your basic human rights.
The International Criminal Court is headed by a Bureau, consisting of a President and two Vice-Presidents, who are elected from among the judges for three-year terms. The Bureau oversees the administration and represents the Court at the international level. The Court is made up of a total of 18 judges who work in three divisions. It also includes the Office of the Prosecutor, which is an independent body responsible for investigating and prosecuting crimes within the ICC’s jurisdiction.
The International Court of Justice is the principal judicial organ of the United Nations, based in The Hague. It adjudicates disputes between states under international law and provides legal advice to UN bodies. It consists of 15 judges elected for nine-year terms, representing different legal and cultural backgrounds. It is often confused with the International Criminal Court. However, the latter is not part of the UN and adjudicates international crimes committed by individuals.
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