10) The ICJ and dispute settlement, state responsibility

Question 1

What is the ICJ, and what are its primary functions?
(Hint: Think about its roles under the UN Charter.)

Answer 1

Answer:

The ICJ is the principal judicial organ of the UN, established under Article 92 of the UN Charter.
It resolves legal disputes between states (contentious cases) and provides advisory opinions on legal questions referred by UN organs or agencies.

Connection: The ICJ promotes peaceful resolution of disputes and strengthens international law.

Question 2

How does the ICJ establish jurisdiction over disputes?
(Hint: Think about consent-based mechanisms.)

Answer 2

Answer:

Jurisdiction is based on:
    Special Agreements: Both parties agree to submit a dispute.
    Compromissory Clauses: Treaties like the Genocide Convention (Article IX) designate the ICJ for disputes.
    Optional Clause Declarations: States accept jurisdiction unilaterally under Article 36(2) of the ICJ Statute.

Connection: The ICJ’s jurisdiction is limited by the need for state consent, affecting its accessibility.

Question 3

What does Article 59 of the ICJ Statute say about the binding nature of judgments?
(Hint: Does it apply to non-parties?)

Answer 3

Answer:

Article 59 ensures that ICJ judgments are binding only on the parties involved in the case and do not create legal precedents for other disputes.

Connection: This limits the ICJ’s broader influence but reinforces its role as a neutral arbiter for specific disputes.

Question 4

What are the ICJ’s roles in recent cases?
(Hint: Think about Myanmar and Syria.)

Answer 4

Answer:

In Gambia v. Myanmar, the ICJ ruled on genocide allegations under the Genocide Convention (Article IX) and ordered provisional measures to protect the Rohingya.
In Netherlands & Canada v. Syria, the ICJ is addressing Syria’s alleged torture violations under the Convention Against Torture.

Connection: These cases highlight the ICJ’s ability to address serious human rights violations under international treaties.

Question 5

What is state responsibility in international law?
(Hint: Think about accountability for wrongful acts.)

Answer 5

Answer:

State responsibility holds states accountable for internationally wrongful acts, as codified in the ILC Draft Articles on State Responsibility.
It requires attribution of conduct to the state and a breach of an international obligation.

Connection: This principle ensures states are held liable for violations of international law, promoting accountability and justice.

Question 6

How is conduct attributed to a state under the ILC Draft Articles?
(Hint: Think about Articles 4-11.)

Answer 6

Answer:

Conduct is attributed to a state when:
    Actions are taken by state organs (Article 4).
    Individuals or entities act under state control or on its instructions (Article 8).
    A state adopts or endorses private actions (Article 11).
Example: In the Tehran Hostages case, Iran was held responsible for failing to protect diplomats from attacks by private actors.

Connection: Attribution clarifies when states can be held liable for acts committed by their agents or affiliates.

Question 7

What are the consequences of state responsibility?
(Hint: Think about reparations and guarantees.)

Answer 7

Answer:

Under Articles 28-39 of the ILC Draft Articles, a responsible state must:
    Cease the wrongful act (Article 30).
    Provide reparations (Article 31) through restitution, compensation, or satisfaction.
    Guarantee non-repetition of the violation.

Connection: These measures aim to restore justice and prevent future violations.

Question 8

What are circumstances precluding wrongfulness under the ILC Draft Articles?
(Hint: Think about exceptions like consent and necessity.)

Answer 8

Answer:

Circumstances precluding wrongfulness include:
    Consent (Article 20): Actions approved by the affected state.
    Self-defense (Article 21): Actions in accordance with UN Charter (Article 51).
    Necessity (Article 25): Acts necessary to safeguard essential state interests, as seen in the Gabcikovo-Nagymaros Project case.

Connection: These exceptions balance state accountability with the realities of international relations.

Question 9

What is the ICJ’s role in enforcing state responsibility?
(Hint: Think about genocide and torture cases.)

Answer 9

Answer:

In Gambia v. Myanmar, the ICJ ruled on Myanmar’s responsibility for genocide under the Genocide Convention.
In Netherlands & Canada v. Syria, the ICJ examines Syria’s responsibility for acts of torture under the Convention Against Torture.

Connection: The ICJ provides a forum for holding states accountable for violations of international human rights obligations.

Question 10

What challenges affect the enforcement of state responsibility?
(Hint: Think about enforcement mechanisms and political influence.)

Answer 10

Answer:

Lack of Enforcement Mechanisms: The ICJ lacks direct enforcement powers and relies on state compliance.
Political Influence: Geopolitical interests often affect compliance with ICJ judgments.

Connection: These challenges highlight the need for stronger international cooperation to uphold state responsibility effectively.

Question 11

What does Article IX of the Genocide Convention establish?
(Hint: Dispute resolution mechanism.)

Answer 11

Answer:

Article IX allows disputes concerning the interpretation, application, or fulfillment of the Convention to be referred to the ICJ.

Connection: This provision ensures the ICJ plays a central role in addressing genocide and preventing mass atrocities.