The Jurisdiction of the International Court of Justice in Resolving Disputes, Schemes and Mind Maps of International Law

Download The Jurisdiction of the International Court of Justice in Resolving Disputes and more Schemes and Mind Maps International Law in PDF only on Docsity! The Jurisdiction and Role of the International Court of Justice in Resolving International Disputes The International Court of Justice (ICJ) is a judicial body of the United Nations, functioning within the framework of its Charter and serves as the world’s highest court for resolving inter- state disputes through judicial means to contribute to the maintenance of peaceful relations. Besides the UN Charter, its Statute and Rules of Procedure, its role in resolving disputes was further explained and reaffirmed by different resolutions. Notably, General Assembly Resolution 3283 exemplifies this, by enunciating that “the International Court of Justice could settle or assist in settling many disputes ... by the full application of the provisions of the Charter and of the Statute of the Court”.1 Indeed, despite its expansive role in international dispute resolution, the International Court of Justice (ICJ) operates within a framework of adopted procedures and limitations like the nature of the dispute, the question of jurisdiction. Based on a thorough examination and comparison of the UN Charter and the Statute of the ICJ, a fundamental principle emerges, stipulating that only states possess the legal standing to be parties in cases brought before the ICJ and all UN member states inherently possess the capacity to engage with the Court's jurisdiction. Private interests can be brought before the International Court of Justice (ICJ) solely through a mechanism wherein a state exercises its entitlement to diplomatic protection. This process entails a state advocating on behalf of one of its citizens and, in doing so, raising allegations against another state for the perceived violations inflicted upon its national. Consequently, the nature of the dispute is transformed, assuming the character of a dispute between sovereign states.2 An illustrative instance of this paradigm can be found in the case of Avena and Other Mexican Nationals. Here, Mexico raised allegations against the United States, asserting that the latter had violated provisions of the Vienna Convention on Consular Relations.3 This case exemplifies the practical application of the aforementioned principle, wherein a state, Mexico, invoked diplomatic protection in defense of its nationals, leading to the transformation of the dispute into a matter to be addressed between states. As per the charter, under the conditions determined by the General Assembly, non-UN member states can also become parties to the statute. For instance, prior to its formal induction as a United Nations member state in the year 2002, Switzerland had already acquired the status of a party to the ICJ Statute in 1948.4 Furthermore, it is noteworthy that the court extends its accessibility to nations that are not parties to the ICJ Statute, on the condition that the prerequisites established by the Security Council are duly satisfied. In these prerequisites adopted by the Security Council Resolution No. 9, it is stated that “a State not party to the Statute must previously have deposited in the Registry of the Court a declaration by which it accepts the Court’s jurisdiction ...... and undertakes to comply in good faith with the decision or decisions of the Court and to accept all the obligations of a Member of the United Nations under Article 94 of the Charter”.5 For example, in 1947, Albania used such a declaration in the Corfu Channel case6. However, it is imperative to underscore at this juncture that, does not inherently confer automatic jurisdiction upon the court in relation to contentions involving the concerned parties. Jurisdiction ratione personae covers these 3 types of states. Instances akin to the situation exemplified by the 1 Peaceful Settlement of International Disputes [1974] UNGA 80; A/RES/3283 (XXIX) (12 December 1974) 2 The International Court of Justice Handbook. Accessed: 30 August 2023. [Online]. Available: https://www.icj- cij.org/sites/default/files/documents/handbook-of-the-court-en.pdf 3 Avena and Other Mexican Nationals (Mexico v. United States of America), Judgment, I. C. J. Reports 2004, p. 12 4 Declaration accepting the conditions determined by the General Assembly of the United Nations for Switzerland to become a party to the Statute of the International Court of Justice. Berne, 6 July 1948 5 United Nations Security Council (UNSC) Res 9 (15 october 1946) UN Doc S/RES/9 6 Corfu Channel case, Judgment on Preliminary Objection: ICJ Reports 1948, p. 15.