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International Court of Justice
The action of international states as actors has precipitated the need to have measures that can function beyond the limits of a single country. The action of states in their relationships with other states at times requires external intervention for the resolution of problems. Laws and treaties that govern the relationship between states as it relates to maritime sovereignty and other issues may be breached and a mechanism is required to address this breech without military action. This scenario requires that an international body that can function as a neutral arbiter between states. The International Court of Justice provides such a facility to the international community.
The International Court of Justice (ICJ) is also known as the world court. It is the main judicial arm of the United Nations. The ICJ was not the first world court as it replaced the Permanent Court of International Justice. The Permanent Court of International Justice was created in 1922 and was attached to the League of Nations.
The ICJ was established through a United Nations charter in 1945 but began its work in 1946. The primary concern of the international court of justice is to resolve legal conflicts between nation states. Additionally, the court may provide advisory opinions on legal questions that may be presented to the court via bona fide international agencies and the United Nations General Assembly. The ICJ has fifteen justices who serve nine-year terms (International Criminal Court 2010). The election of the judges is done by the UN General Assembly and the Security Council....
The work of the court is supported by an administrative registry.
The entire membership of the United Nations is party to the statutes of the ICJ. Countries who are not member of the UN are afforded a facility through Article 93(2) to become a party without membership. States who are party to the ICJ have the benefit of having their disputes heard before the ICJ (Posner & de Figueiredo, 2005, p.600). The ICJ however does not assume jurisdiction over disputing member states without the states sending the matter to the ICJ.
The ICJ has the power to create the rules that govern its policies and court procedures. The ICJ has therefore produced a pattern of procedures to follow for the hearing of a case at the court. The applicant must first file a written memorial which contains the details of the applicant's case. The respondent may decide to work within this framework and then file their memorial that details their side of the argument. If a respondent is not desirous of participating in the process they must state this preliminary objection. The preliminary objection will be heard in a public hearing and decided upon.
After the objections are heard and determined the court then proceeds with the case. Very often when a case is filed parties seek an order from the court to preserve the status quo until the matter has been decided. This is very similar to the request for an interlocutory injunction in the United States court system. The injunction ensures that things remain as is until the matter is decided one way or the other. For the court to move further with the case it…
References
Germain's International Court of Justice Research Guide. (2010). Retrieved from http://library.lawschool.cornell.edu/WhatWeDo/ResearchGuides/ICJ.cfm
Posner, E.A. & de Figueiredo, M.F.P. (2005) Is the International Court of Justice
Biased? The Journal of Legal Studies 34(2): 599-630.
The international court of justice. (2010) Retrieved from http://www.icj-
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