International Court Of Justice And Its Operation

International Court of Justice and its operation

Martin Luther King said "injustice, anywhere, is a threat to justice everywhere". In the search for international equity and justice, it was established in article 14 of the Pact of the Society of the Nations granted the Council of the Society the responsibility of forming the establishment of a Permanent Court of International Justice (CPIJ), which would serve would be to know, resolve any international dispute presented by the parties in the controversy, and also to give an advisory opinion on any dispute or issue referred to by the Council or the Assembly of the Nations Society. During the consequent years the CPJI had experienced a decrease in its activity level. 

World War II in September 1939 brought disastrous problems for the Permanent Court of International Justice. After its last public session on December 4, 1939 and its last order on February 26, 1940, the Permanent Court of International Justice did not attend more judicial matters and no elections of judges were held. The Court moved to Geneva in 1940, leaving a judge in The Hague along with some officials of the Dutch Nationality Registry. Despite the war, the need to consider the future of the court and the creation of a new international political order was demonstrated.A couple of years after the fact, in 1942, after the war, the United States Secretary of State and the United Kingdom Foreign Secretary recognized themselves by the restoration of a World Council, and the Legal CommitteeInter -American recommended extending the jurisdiction of the CPJI room.

In 1943, the United Kingdom welcomed specialists in London to establish a casual allied committee to analyze the issue. That committee, under the presidency of Sir William Malkin, held 19 sessions for 11 nations law experts. The United Nations Charter of June 26, 1945 established that the ICJ would supplant the Permanent Court of International Justice. 

Currently, the International Court of Justice is based in the Netherlands, the Palace of La Paz in The Hague, and is the main permanent body of the United Nations Organization. The ICJ exists since 1946, and its official languages are English and French. The ICJ has two missions, the arrangement of contentious controversies between states, and the issuance of advisory opinions, called dictates on legal issues at the request of the specialized organs of the United Nations authorized to this purpose, the latter represent 20% of the issues submitted tocourt. The Court has almost 100 years of participation in the determination of the debate. Together, the Permanent Court of International Justice and the International Court of Justice have accumulated more than 90 years of participation in the peaceful solution of the world debate. The Court issues decisions with authority, which have an important impact on the parts of the controversy, on other states and on the international community.   The International Court of Justice is not criminal and does not judge individuals, only states can be parties to the Court. The Court serves to peacefully resolve the issues between states. By accepting competition on a controversy, the Court issues a decision and postulates an answer, to the light of legitimate motives.

Entrusting a case to the Court is a viable method to achieve a serene arrangement and more friendly relationships between the states. Likewise, the Court is a peaceful option of diplomatic impasses. Although negotiations between the parts of a controversy remain the best way to solve differences, negotiations are not always successful, and reaching a dead point in negotiations, the situation can quickly climb. If the jurisdiction of the Court is accepted in these instances, a mutually acceptable option will be offered to get out of the Diplomatic Impasse. The fact that the Court has assumed competence in the case, does not prevent the partiescase and recognize that in case it was not for the intercession of the Court, to achieve an understanding would have been problematic, as well as impossible.

The court offers a available debate determination component, and gives the parties the option of selecting different instruments or mechanisms, how to resort to arbitration councils, although this is more expensive.The General Assemblies of the United Nations and the Security Council elected the 15 judges who will direct the International Court of Justice for a period of 9 years; Every three years we proceed to the renewal of five of the 15 council officers are recharged and these can be reelected. All officers must be nationals of a different state, but do not represent their respective nations, they must be totally partial. The Court’s compartment has remained in a geographical adjustment, so five judges come from girlfriends Europe, three come from Africa, three from Asia, two Judges from Eastern Europe and two from Latin America. 

Article 2 mentions that: “The Court will be a body of independent magistrates chosen, without taking into account its nationality, among people who enjoy high moral consideration and that meet the conditions required for the exercise of the highest judicial functions in its respective countries, or that are jurists of recognized competence in international law.”The International Court of Justice is the only universal jurisdiction with general competence, and is governed by a statute that is part of the UN Charter. The competence is established in article 36 of the Charter, [l] to the competence of the Court extends to all the litigation that the parties submit and all the matters specially provided in the Charter of the United Nations or in the treaties and conventions in force. The States parties in this Statute may declare at any time that they recognize as obligatory facto and without special agreement, with respect to any other State that accepts the same obligation, the jurisdiction of the Court in all controversies of legal order Jurisdiction of the CourtIt is based on the consent of the states to which it is open. In a specific case, the Court has jurisdiction if the parties have agreed that the Court resolve its disputes. As mentioned also in article 36, subsection 6 “In case of dispute as to whether or not the Court has jurisdiction, the Court will decide.”This consent can be expressed through unilateral statements;It can also be expressed after the Court has assumed competition.In order to be a member state in a case in the Court, it has to be a member of the United Nations or accept the jurisdiction of the Court.

There are currently 193 United Nations Member States, these are: Afghanistan, Albania, Germany, Andorra, Angola, Antigua and Barbud Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cape Green, Cambodia, Cameroon, Glen, Chad, Chile, China, Cyprus, Colombia, Comoros , Congo, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Denmark, Djibouti, Dominica, Ecuador, Egypt, El Salvador, United Arab Emirates, Eritrea, Slovakia, Slovenia, Spain, United States of America, Estonia, Ethiopia, The Former Yugoslav Republic of Macedonia, Russian Federation, Fiji, Philippines, Finland, France, Gabon, Gambia, Georgia, Ghana, Pomegranate, Grece, Guatemala, Guinea, Guinea-Bissau, Equatorial Guinea, Guyana, Haiti, Honduras, Hungary, Hungary, India, India, India Indonesia, Iran, Iraq, Ireland, Iceland, Marshall Islands, S Olomon Islands, Israel, Italy, Libyan Arab Jamahiriya, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kyrgyzstan, Kiribati, Kuwait, Lesotho, Latvia, Liberia, Lebanon, Liechtenstein, Lithhuania, Luxembourg, Madagascar, Mladagascar, Malaysia, Malawi, Mali , Malt, Morocco, Mauricio, Mauritania, Mexico, Micronesia, Monaco, Mongolia, Montenegro, Mozambique, Myanmar, Namibia, Nauru, Nepal, Nicaragua, Niger, Nigeria, Norway, New Zealand, Oman, Netherlands, Pakistan, Palau, Panama, Panama, Panama, Panama, Panama, Panama, Panama, Panama Papua New Guinea, Paraguay, Peru, Pole, Portugal, Qatar, United Kingdom of Great Britain and Northern Ireland, Syria, Central African Republic, Czech Republic, Republic of Korea, Republic of Moldova, Democratic Republic of Congo, Democratic People’s Republic of Korea , Dominican Republic, Democratic, People’s Republic of Lao, Tanzania, Romania, Rwanda, Saint Kitts and Nevis, Samoa, San Marino, St. Vincent and The Grenadines, St. Lucia, Sao Tome and Principe, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Somalia, Sri Lanka, South Africa, Sudan, South Sudan, Sweden, Switzerland, Suriname, Swaziland, Thailand, Tajikistan, Timor Leste, Togo, Tong, Tong, Tong, Tong, Tong, Tong,Trinidad and Tobago, Tunisia, Turkmenistan, Turkey, Tuvalú, Ukraine, Uganda, Uruguay, Uzbekistan, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, and Zimbabwe. 

On the other hand, subject to certain conditions, a State that is not a member of the United Nations can be part of the Statute of the Court (article 93 of the UN Charter). “A State that is not a member of the United Nations may become part of the Statute of the International Court of Justice, in accordance with the conditions determined in each case the assembly generally to the recommendation of the Security Council.”As an exception, the Court can also be open to states that are not part of its statute under article 35 of the Statute of the Court;The Security Council determined the conditions according to which the Court will be open to states that are not part of the statute in its resolution 9 of October 15, 1946. "

 The conditions under which the Court will be open to other states will be set by the Security Council subject to the spectacular provisions of the current treaties, but such conditions may not place the parties in a situation of inequality before the Court.”Internal work is produced from the president and the vice president, who are elected by court individuals at regular intervals by secret vote. The election occurs on the date on which the courts of the Court choose in a triennial race begin on dates close to their terms. An absolute majority is required and there are no conditions of nationality. The president and the vice president can be re -elected after the term is finished. The President handles all the court meetings;He coordinates his work and supervises his organization, with the help of a budget and administration committee and some different panels, all formed by people from the court. During legal judicial deliberation, the president has to make a decision if an tied vote occurs. In The Hague, where he must live, the president of the Court expires to the dignitary of the political body. The vice president replaces the president in his non -appearance, given the possibility that he cannot fulfill his commitments or for an opportunity in the administration;This receives a daily stipend to do that. Without the vice president, this part falls to the superior judge . On February 6, 2018, the Court elected Judge Abdulqawi Ahmed Yusuf (Somalia) as President and Judge Xue Hanqin (China) as vice president.The procedure in front of the Court consists of a compound part and an oral part. 

All meetings have the possibility to show their arguments before the Court, and also about the admissibility and value of the case referred to. In the midst of the procedures, or nevertheless, when one of the parties are being developed, one of the parties can request that the Court have temporary measures to anticipate inevitable and unwavering damage to the debated rights, before the Court has not had the opportunity to ruleAbout the merits of the case. This instrument allows the Court to act quickly and efficiently, if the conditions require it, to safeguard the separate privileges of the parties.Unless they are interference, the procedures are terminated with a court ruling. Court sentences have authority over the parties, without request, and each party must accept the decision. 

The United Nations Charter stipulates the response to the Security Council if a party stops complying with a decision (article 94). As the UN main legal body, court sentences are considered important. As a general rule, the states are inclined to fulfill what the Court has decided. The law of the Court is widely referred to by other courts and world councils, as well as by national courts. The International Law Commission trusts the structure of its work in relation to the progress of the dynamic improvement of world legislation and its coding. Legal advisors and academics in the field of world law also come to it in their daily work. The recognition in this sense allowed to the Law of the Court gives a positive catalyst to the Court to ensure that its judgments are clear, constant and well rewisons. 

Almost always, the court fulfills its duties as a complete court. But you can also form permanent or temporary cameras. These cameras are divided into three groups: the Summary Procedure Chamber, which includes five judges, including the President and the Vice President, and two substitutes, that article 29 of the Statute requires that the Court formulate annually with a view to quickly dispatched the commercial activities;any chamber, composed of at least three judges, which the Court may form in accordance with article 26, paragraph 1, of the Statute to treat certain cases of cases, such as work or communications;Any chamber that the Court may form in accordance with article 26, paragraph 2, of the Statute to dealFinal conclusion, even if they stop being members of the Court:

1. The members of the Chamber are: Abdulqawui Ahmed Yusuf (President), Xue Hanqin (Vice President), Antônio Augusto Cançado Trindade (Judge), Julia Sebutinde (Judge), Kirill Gevorgian (Judge);Substitutes: Joan e. Donoghue (Judge), James Richard Crawford (Judge)."
2. Every time it is necessary, the Court may constitute one or more rooms composed of three or more magistrates, as provided by the Court itself, to learn about certain business categories, such as work litigation and those related to traffic and communications.
3. The Court may constitute at any time a room to learn about a specific business. The Court will set, with the approval of the parties, the number of magistrates that said Chamber will be composed.

If the parties request it, the rooms that try this article will hear and fail the cases."Each camera has five people. The Chamber that met due to the Gulf of Maine was formed by four people from the court and a single judge elected by the other party. The room framed because of the border controversy was composed of three people from the Court and two judges especially designated by meetings. The Sicula S electronics -shaped camera.p.A. (ELSI) was formed from five people from the Court. 

The chamber that managed the case concerning the disagreement on the land, isolated and oceany strip composed of three individuals of the Court and two judges specially appointed by the meetings, and additionally the two chambers formed in 2002.Although a Chamber was formed in accordance with article 26, paragraph 1, of the Charter, in 1993 the Court created a Chamber of Environmental Affairs. However, after 13 years of the Chamber, no state requested that a case be treated by him. So the Court decided in 2006 not to hold elections for a court for said Chamber.Moreover, many of the cameras are currently active.

The Budget and Administrative Committee composed of the President, the Vice President and four other or five judges elected trienally prepares the administrative decisions for the Plenary of the Court.The composition of the current judges of the committee is: Peter Tomka, Ronny Abraham, Giorgio Gaja, Julia Sebutinde, and Dalveer Bhandari.Over the years, the Court has developed a solid jurisprudence, which has obtained worldwide recognition.The Court promotes the rule of law at the international level. When the law is applied in the cases presented to the Court, it establishes and develops international law, thus contributing to the broader construction of the rule of law. In other words, accepting the jurisdiction of the Court and accepting to be a part in a case is beneficial for the accepting State, and also benefits international law in general and the international community as a whole.

The International Court of Justice of the United Nations Organization as a fundamental court in the development of the most critical standards in the field of human rights and, through this, to demonstrate that the jurisdictional movement of any kind, national,World, near, government, sacred or other;By definition, it is irremediably connected to human rights insurance. As the essential legal body of the Universal Open Law, the International Court of Justice adds to the understanding of the central opinions that the global group has communicated through the world compassionate law. Therefore, legal elections are not a source of law, but the decisions of the International Court of Justice are considered collectively as the best articulation of the substance of current international law.

From the perspective of general international law, international jurisprudence is of the utmost importance to determine the legal framework of humanitarian law. From the particularly brief and elusive reference to the ‘elementary considerations of humanity’ in its first sentence issued on April 9, 1949, on the case of the Strait of Corfú, the International Court of Justice has had the opportunity to manage the aid consultationsLaw in two very faced cases: the judgment of military and paramilitary activities of June 27, 1986 in and against Nicaragua and the advisory opinion, issued ten years after the fact, on July 8, 1996, on the legality of risk or theUse of atomic weapons. These two cases have been noted exceptionally, and it is not our expectation to see here the particular conditions of each of them or the specific position of the Court in terms of atomic weapons in the field of the Global Aid Law. We intentionally place the Statute of the International Court of Justice in a broader point of view, within the system of compassionGenocide. Also, the hostile case on the application of the Convention for the opposite action and the discipline of the evil of genocide. 

Therefore, it will be shown how the law of the Court that international justice is an imperative commitment from two angles: on the one hand, it clarifies the relationship between international humanitarian law and general international law, as well as the content of the principlesfundamental humanitarian law