“The ICJ is not truly a court. While its judgments may technically be enforceable, no State expects enforcement to actually happen. It is, instead, best understood as a forum for the mediation of State-State disputes.” Critically discuss.
The International Court of Justice (ICJ) is the central judicial organ of the United Nations. Besides advising authorised international organizations, UN General Assembly on international law, it also serves as a judicial forum for inter-state disputes. It is to be noted that ICJ is fundamentally different from national courts in many respects due to the sui generis nature of international law itself.
Notably, the ICJ has no compulsory jurisdiction in disputes between the States. The jurisdiction of ICJ is based on the consent of the States, either by special agreement[1], or by way of a specific treaty which may incorporate a mechanism for the referral of cases to the ICJ. States may accept compulsory jurisdiction by making a declaration under Article 36(2) of ICJ statute.[2] Typically, the Court may entertain two types of cases: legal disputes between States submitted to it by them (which is referred to as contentious cases) and requests for advisory opinions on legal questions refe…
Notably, the ICJ has no compulsory jurisdiction in disputes between the States. The jurisdiction of ICJ is based on the consent of the States, either by special agreement[1], or by way of a specific treaty which may incorporate a mechanism for the referral of cases to the ICJ. States may accept compulsory jurisdiction by making a declaration under Article 36(2) of ICJ statute.[2] Typically, the Court may entertain two types of cases: legal disputes between States submitted to it by them (which is referred to as contentious cases) and requests for advisory opinions on legal questions refe…
