International Court of Justice (ICJ) is the judicial body of the United Nations. It is considered as United Nations’ specialised agency which was established to provide judicial assistance to the United Nations when required, and a dispute settlement procedure to states in solving their disputes in accordance to the international law. The core function of International Court of Justice is to fulfil the judicial requirements of states, and to solve those issues which are submitted to it by the states. Beside that, ICJ also tries to accomplish various types of tasks by giving the opinion or recommendations to Security Council, and to other UN agencies according to international law.
ICJ is responsible to settle disputes that may create a threat to the international peace. ICJ follows various principles, such as, all disputes must be settled or solved under the international law. Another is related to the equality principle, according to which states are given equal time, to elaborate their written pleadings, and states are treated equally before law, without any discriminatory behaviour. A case to be referred to ICJ requires the mutual consent of states concerned. Both parties to a dispute must agree or have mutual consensus for submission of case. The Court can only hear those cases which are submitted by states, and court has no right to interfere in matter of states without their consent.
International Court of Justice can contribute to the world peace and its decisions can bring change in the world but the main issue related to the International Court of Justice is that it has limited effectiveness. This limitation relates that the issues can only be submitted to the Court if states bring them up to it, and state mutual consent is essential in submitting the case before the Court. Another issue is that its decisions are easily ignored by the states.
The Court’s significance cannot be denied in present century. Therefore, it is the need of the time that this international institution should have all the powers and authority to play a meaningful role in the administration of justice by deciding and the issues and then getting them executed. The binding mechanism would be helpful. Today the court should look to its previous decisions and make an innovative decision mechanism that help in resolving the upcoming disputes. The current cases of the court require such a decision which leads to the peaceful settlement. It is not only the court responsibility to solve the issues among states, but it is also the states’ obligation to respect and follow the courts decisions. Nothing comes single handedly and free of cost. If we want peace in the world, then for the restoration of this peace, we need equal contribution. Mutual efforts are required to make this world a paradise. In this case states will also have to cooperate with the Court by accepting its jurisdiction. The ICJ can play its role perfectly in the creation of a non-violent world. —Via email