Superiority of the International Court of Justice Essay

2824 Words12 Pages
Introduction The International Court of Justice (ICJ) is an important organ of the United Nations. Actually it is the UN's principal judicial arm used to foster international peace. It was established after the League of the Nation and its judicial organ the Permanent Court of International Justice (PCIJ) were dissolved after the Second World War, in 1946. Its main purpose is to support the UN (which was formed in 1945) in its endeavour in promoting international peace and law . Important to note is the fact that this court, although referred to in a non-technical context as the world court, does not automatically possess compulsory international jurisdiction. The treaty creating this court, referred to as the stature of international…show more content…
To be precise its only 63 out of 192 states that have agreed to be fall under the subjection. Even worse is the fact that out of the 63, 83 percent have set stringent conditions that undermine the adjudication ability of the ICJ . In theory however, the ICJ can be considered to be a superior court. At least that was the initial vision of the UN charter Article 94 (1). This article explicitly directs every member of the United Nation to comply with the rulings of the ICJ. If the nations were to adhere to the specification of this article firmly, it would imply the ICJ has similarly jurisdiction (on an international level) as that granted to the Supreme Court (on a national level). However even the positioning of the article itself undermines the power of this court. The article is not in the statue of the ICJ, but rather it appears in the UN Charter. What this means is that in case a state fails to comply with the ICJ ruling, the ICJ lacks the authority take any direct action. Instead another organ of the UN, this time a political organ principally in charge of maintaining peace and security, is granted this mandate . Clearly even within the UN itself, the ICJ has not been granted the final arbiter powers on international level, similar to those granted to a supreme court on a national level. The only way that such powers can somewhat be exercised, is when

More about Superiority of the International Court of Justice Essay

Open Document