02/20/2024 | News release | Distributed by Public on 02/20/2024 07:52
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This week, the UN's highest court hears testimony from 50 UN Member States on Israel's occupation of Palestinian-claimed territories. These hearings at the International Court of Justiceare taking place against the backdrop of the ongoing Israel-Hamas war, leaving many to wonder about the implications of a decision on negotiations for a two-state solution.
So what exactly does a ruling by the ICJ mean for Member States? Here are a few things to know about the World Court.
Established in 1945 and located in The Hague, Netherlands, the ICJ is one of the six "principal organs" of the UN (and the only body not located in New York). It was created to (1) settle disputes between countries and (2) provide advisory opinions on legal questions brought by other UN organs. Importantly, the ICJ is independent of the UN.
The ICC is a criminaltribunal that prosecutes individuals, primarily for war crimes or crimes against humanity. The ICJ (often called the World Court) is a civiltribunal that hears disputes between countries.
While Member States of the UN are automatically parties to court statutes (meaning they can bring a case before the court), that doesn't necessarily mean that the ICJ has jurisdiction over them. The U.S., for instance, withdrew from compulsory jurisdictionin 1986. Other countries who have not signed the declaration recognizing jurisdiction of the court include China, Iraq, Israel, Libya, Qatar and Yemen.
No; but if states don't comply, the Security Council may take action. However, if a case involves one of the five permanent membersof the Security Council (China, France, Russia, the U.S. and the U.K.), that state has the power to veto enforcement. Still, the court's rulings are largely seen as legitimate by the international community, making states more likely to comply rather than risk the disfavor of their international allies.
Fifteen judges are elected to a nine-year term by the UN General Assembly and Security Council. Elections are held every three years for one third of the seats, and retiring judges may be re-elected. Judges are independent magistrates who do not represent their governments, and only one judge of any nationality can be on the court at any time.
As needed. Since the court's founding, there have been around 200 cases.
The court can rule on two types of cases. Contentious cases are legal disputes between States; advisory proceedings are requests for opinions on legal questions referred by UN organs and specialized agencies.
Any UN Member State can bring a case against any other Member State when the common interest of the international community is at stake, regardless of whether or not they are directly in conflict.
The rulings of the ICJ are final, and there is no avenue for appeal. It is up to states concerned to apply the court's decisions in their national jurisdictions, and they typically honor their obligations under international law and comply. 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.
In December 2023, South Africa asked the ICJ to apply the 1948 UN Genocide Convention - of which Israel is a signatory - to the question of the occupation of Palestinian-claimed territories. This is the first time a contentious case has been brought against Israel at the ICJ, though a 2004 advisory opinionruled that construction of a security barrier around the Palestinian territories and East Jerusalem was in violation of international law.
Material herein is adapted from a number of sources, including UN News.