What is the ICJ for, and how does it work?
For a look back at the birth of the ICJ and the crucial role it plays in the work of the United Nations, check out our newly published UN Video piece today, part of our weekly Stories from the UN Archive series.Aung San Suu Kyi appears at the UN International Court of Justice (ICJ) on 11 December 2019.After this stage, the judges deliberate in camera (in private, behind closed doors), and then the Court delivers its verdict. The length of time this takes can be anything from a few weeks, to several years.[embedded content]
As for “advisory proceedings”, On 20 January 2023, the General Assembly requested an advisory opinion from the Court on “Israeli practices affecting the human rights of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem” and, in March 2023, the UN General Assembly adopted, in March 2023, a resolution to ask the court to deliver an advisory opinion on the obligations of States in respect of climate change, with most speakers in the resulting debate hailing the move as a milestone in their decades-long struggle for climate justice. Both advisory proceedings are ongoing.The ICJ is the only international court that settles disputes between the 193 UN Member States. This means that it makes an important contribution to global peace and security, providing a way for countries to resolve issues without resorting to conflict.
Why is the ICJ important?
It is up to the States concerned to apply the decisions of the Court in their national jurisdictions, and, in most cases,they honour their obligations under international law and comply.
What kind of cases are brought before the Court?
© UNOCHA/Saviano AbreuSouth Africa contends that “acts and omissions by Israel . . . are genocidal in character, as they are committed with the requisite specific intent . . . to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group”. Any Member State can bring a case against any other Member State, whether or not they are directly in conflict, when the common interest of the international community is at stake. In the case of The Gambia v Myanmar for example, The Gambia was not directly concerned by the genocide allegations levelled against Myanmar, but that did not preclude the country from bringing the action, on behalf of the Organisation of Islamic Cooperation.
There is frequent confusion between the International Criminal Court (ICC) and the International Court of Justice (ICJ).Widely known as the ‘World Court’, the ICJ is one of the six “principal organs” of the United Nations, on the same footing as the General Assembly, the Security Council, the Economic and Social Council (ECOSOC), the Trusteeship Council and the Secretariat, and the only one that is not located in New York.The Court can rule on two types of case: “contentious cases” are legal disputes between States; and “advisory proceedings” are requests for advisory opinions on legal questions referred to it by United Nations organs and certain specialized agencies.
Who can bring a case to the Court?
Unlike the Court of Justice of the European Union, the ICJ is not a supreme court to which national courts can turn: it can only hear a dispute when requested to do so by one or more States.
What are the consequences of a Court ruling?
If a country fails to perform the obligations incumbent upon it under a judgment, the only remaining recourse is to turn to the Security Council which can vote on a resolution, per the UN Charter. This happened in a case brought by Nicaragua against the United States in 1984, demanding reparations for the US support for Contra rebels. The ICJ ruled in Nicaragua’s favour, but the US refused to accept the finding. Nicaragua then took the matter to the Security Council, where a relevant resolution was vetoed by the United States.The rulings of the ICJ are final and there is no possibility of appeal. Another relatively recent case that gained international attention involved a ruling against Myanmar in January 2020, ordering the country to protect its minority Rohingya population and the destruction of evidence related to genocide allegations. That case, which was brought by The Gambia, was notable for the appearance of Aung San Suu Kyi, then the de facto leader of Myanmar, making an appearance at The Hague to defend her country.
How is the ICJ different from the ICC?
Civilians died in the small village of Hroza in eastern Ukraine following an attack.ICJ/Frank van BeekThe case brought by South Africa against Israel on 29 December 2023 is the first time a contentious case has been brought against Israel at the ICJ (a 2004 advisory opinion found that the construction of the wall built by Israel in the Occupied Palestinian Territory, including in and around East Jerusalem, and its associated regime, is contrary to international law).South Africa seeks to found the Court’s jurisdiction on the 1948 UN Genocide Convention, to which both countries are signatories. Israel rejects the allegations.