10) The ICJ and dispute settlement, state responsibility Flashcards
How does the ICJ differ from other international courts like the ICC?
(Hint: Think about jurisdiction and focus.)
Answer:
The ICJ resolves disputes between states and provides advisory opinions on legal questions, focusing on state responsibility. The ICC prosecutes individuals for crimes like genocide, war crimes, and crimes against humanity under the Rome Statute.
Connection: The ICJ is governed by Article 92 of the UN Charter, which states:
"The International Court of Justice shall be the principal judicial organ of the United Nations."
What role does the ICJ have vis-à-vis other courts? Does it function as an appeals court?
(Hint: Think about its role in legal guidance.)
Answer:
The ICJ does not serve as an appeals court but offers legal guidance through binding judgments in disputes and non-binding advisory opinions.
Connection: Article 59 of the Statute of the ICJ clarifies the scope of its decisions:
"The decision of the Court has no binding force except between the parties and in respect of that particular case."
Who can initiate a case before the ICJ, and under what circumstances?
(Hint: Think about state consent.)
Answer:
Only states can initiate cases before the ICJ, provided they consent to its jurisdiction via treaties, special agreements, or optional declarations under Article 36(2) of the Statute.
Connection: Article 36(1) of the ICJ Statute states:
"The jurisdiction of the Court comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force."
What is meant by “jurisdiction” in the context of the ICJ?
(Hint: Think about legal authority.)
Answer:
Jurisdiction refers to the ICJ’s authority to hear and decide a case, which depends on the consent of the disputing states.
Connection: Article 36(2) of the ICJ Statute allows states to declare jurisdiction in advance:
"The states parties to the present Statute may at any time declare that they recognize as compulsory ipso facto the jurisdiction of the Court."
What is an “advisory opinion”? How does it differ from a contentious case?
(Hint: Think about binding vs. non-binding outcomes.)
Answer:
Advisory opinions are non-binding legal interpretations requested by UN bodies. Contentious cases resolve disputes between states and result in binding judgments.
Connection: Article 96 of the UN Charter authorizes advisory opinions:
"The General Assembly or the Security Council may request the International Court of Justice to give an advisory opinion on any legal question."
Can the judgments of the ICJ be enforced?
(Hint: Think about enforcement mechanisms.)
Answer:
ICJ judgments are binding under Article 94 of the UN Charter, but enforcement depends on the Security Council, which may face vetoes.
Connection: Article 94(2) of the UN Charter states:
"If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council."
Why do states often comply with ICJ judgments, even if they lose?
(Hint: Think about reputation and legal norms.)
Answer:
States comply to maintain their international reputation, uphold legal norms, and avoid political or economic consequences.
Connection: Compliance is influenced by Article 2(2) of the UN Charter, which obligates states to fulfill their Charter commitments:
"All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them."
To what extent are ICJ judgments relevant for the development of international law?
(Hint: Think about legal sources.)
Answer:
ICJ judgments contribute to customary international law and general principles but are not direct sources of law under Article 38(1)(d) of the ICJ Statute.
Connection: Article 38(1) of the ICJ Statute lists the sources of law applied by the ICJ:
"(a) international conventions, (b) international custom, (c) general principles of law, (d) judicial decisions and the teachings of the most highly qualified publicists."
How does the ICJ matter to international security?
(Hint: Think about conflict resolution.)
Answer:
By peacefully resolving disputes, the ICJ reduces tensions and promotes stability, contributing to global security.
Connection: Article 1(1) of the UN Charter highlights the UN’s purpose of maintaining international peace:
"To bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes."
What is remarkable about the ICJ’s genocide cases?
(Hint: Think about The Gambia v. Myanmar.)
Answer:
The ICJ handles genocide prevention cases under the Genocide Convention (Article IX) and issues provisional measures to prevent harm during litigation.
Connection: Article IX of the Genocide Convention states:
"Disputes between the Contracting Parties relating to the interpretation, application, or fulfillment of the present Convention shall be submitted to the ICJ."
Can a lawsuit before the ICJ be considered “lawfare”?
(Hint: Think about strategic use of legal systems.)
Can a lawsuit before the ICJ be considered “lawfare”?
(Hint: Think about strategic use of legal systems.)
Is it a sign of success when the ICJ has many cases and issues many provisional measures?
(Hint: Think about capacity and efficiency.)
Answer:
High caseloads reflect trust in the ICJ but may strain its resources and delay justice.
Connection: The ICJ’s functioning is rooted in Article 41 of the ICJ Statute, which allows provisional measures:
"The Court shall have the power to indicate any provisional measures which ought to be taken to preserve the respective rights of either party."
What problems could arise from an overloaded ICJ?
(Hint: Think about delays and access.)
Answer:
Delays undermine justice, and smaller states may face barriers to accessing the ICJ due to its procedural and resource limitations.
Connection: The ICJ’s procedural integrity aligns with Article 38(2) of the ICJ Statute, which emphasizes fairness in resolving disputes.
What is the “optional clause” in the context of the ICJ?
(Hint: Think about automatic jurisdiction.)
Answer:
The optional clause refers to Article 36(2) of the ICJ Statute, under which states can unilaterally declare their acceptance of the ICJ’s jurisdiction as compulsory for legal disputes with other consenting states.
Connection: Article 36(2) of the ICJ Statute states:
"The states parties to the present Statute may at any time declare that they recognize as compulsory ipso facto and without special agreement... the jurisdiction of the Court."
Why would a state sign up for the optional clause?
(Hint: Think about benefits in legal predictability and international relations.)
Answer:
States may sign up to demonstrate a commitment to peaceful dispute resolution and to strengthen legal predictability in international relations.
Connection: The optional clause fosters adherence to the principles of Article 2(3) of the UN Charter, which mandates that disputes should be resolved by peaceful means.
What are preliminary objections in ICJ proceedings?
(Hint: Think about jurisdiction and admissibility.)
Answer:
Preliminary objections allow a state to challenge the ICJ’s jurisdiction or the admissibility of a case before the Court examines its merits.
Connection: Article 79(1) of the ICJ Rules of Court states:
"A party raising an objection to the jurisdiction of the Court or to the admissibility of the application shall set out the objection in a written statement."
What are provisional measures, and what are they used for?
(Hint: Think about preventing harm.)
Answer:
Provisional measures are temporary rulings issued to prevent irreparable harm to the rights of a party during litigation. Example: The ICJ ordered provisional measures in The Gambia v. Myanmar to protect the Rohingya population from genocide.
Connection: Article 41 of the ICJ Statute states:
"The Court shall have the power to indicate... any provisional measures which ought to be taken to preserve the respective rights of either party."
What are interventions in ICJ cases, and what can they be used for?
(Hint: Think about third-party involvement.)
Answer:
Interventions allow third-party states to join ICJ proceedings to protect their legal interests or provide input on the legal questions under dispute. Example: In Costa Rica v. Nicaragua, Honduras intervened to protect its interests in boundary disputes.
Connection: Article 62 of the ICJ Statute states:
"Should a state consider that it has an interest of a legal nature which may be affected by the decision in the case, it may submit a request to the Court to be permitted to intervene."
