The ICJ Flashcards
What and where is the ICJ?
The International Court of Justice
The principal judicial organ of the UN
Based at The Hague in the Netherlands
What are the two key functions of the ICJ?
To settle legal disputes between member states
To give advisory opinions on legal questions submitted by authorised agencies
How many judges does the ICJ have? How often are they elected?
15 judges on a 9-year term
What do the 15 judges represent?
the ‘main forms of civilization and the principal legal systems in the world’
What conditions means a state is subject to the ICJ’s rulings?
If they signed a treaty specifying that any disputes relating to that treaty will be resolved by the ICJ (over 300 treaties have this clause)
If they signed a ‘unilateral declaration’ which accepts the ICJ’s authority in any dispute (72 states have done so)
What relation does Article 94 of the UN Charter have with the ICJ?
It lay downs that all members of the UN should ‘comply with the decision of the Court in any case to which it is a party’
If a state does not comply, the other party may approach the UNSC to enforce the judgement
What are some successful cases of the ICJ? (5 examples)
1988 - USS Vincennes’ Incident
1992 - Border dispute with El Salvador and Honduras
2002 - Ownership dispute between Nigeria and Cameroon
2012 - Trial of Hissène Habré
2019 - Dispute between Pakistan and India over consular access
What was the USS Vincennes’ incident in 1988?
The USS Vincennes (A US warship) shot down an Iranian airliner mistaken for a fighter jet over the Stairs of Hormuz - 290 people were killed
The ICJ was submitted the case by Iran - and the US expressed ‘deep regret’ (didn’t accept liability) and paid US$61.8 million in compensation to the victims’ families
What was the dispute of ownership between Nigeria and Cameroon in 2002?
Disputed over an oil-rich peninsula (the Bakassi Peninsula)
Explain the events of Hissène Habré’s trial?
Hissène Habré - the former president of Chad - sought refuge in Senegal and the ICJ decided that Senegal must put him on trial for crimes against humanity and torture.
2016 - Hissène Habré found guilty of the killing of 40,000 people and sentenced to life imprisonment
Why did India bring Pakistan to the ICJ in 2019?
India accused Pakistan of breaking international law for not allowing consular access to Kulbhushan Jadhav (an Indian naval officer convicted in Pakistan for spying)
Pakistan ultimately agreed to grant consular access ‘as a responsible state’
What do liberals think of the ICJ?
As a vital way of established a more rules-based approach to international affairs - a good alternative to conflict by adhering to the moral authority of the Court
What do realists think of the ICJ?
That it’s effectiveness of severely limited as the ‘power-maximiser’ nation state will always put their sovereign interest above international law - therefore challenging the court’s authority
What are the limitations of the ICJ?
Its liberal principles conflict with realist state egoism
It cannot initiate cases - only able to try cases presented to it
Nation states can disregard the Court’s ruling
What are some non-successful cases of the ICJ?
1980 - Iran refusing the ICJ’s ruling
1984 - The US refused to accept the judgement as it was in favour of Nicaragua
2020 - Myanmar’s denial of Rohingya genocide
Why did the US bring Iran to the ICJ in 1980?
Iran had seized the US embassy in Tehran in 1979, and refuses to acknowledge ICJ sovereignty afterwards
Explains the events of the 1984 Nicaragua and US ICJ case
The Sandinista government of Nicaragua issued a case against the US for assisting the Contra rebels by mining Nicaraguan harbours
The US refused the ICJ’s judgement - argued its actions were helping states (El Salvador) that were ‘threatened’ by Nicaraguan-backed communist rebels and therefore ‘entirely consistent with international law’
Why did Myanmar refuse the ICJ’s order in 2020?
The ICJ ordered Myanmar to take all necessary measures to stop the Rohingya genocide - Aung San Suu Kyi (the then-leader) stated the issue was an ‘internal armed conflict’ and would deal with it without outside interference
Which events of the ICJ’s advisory opinions fell through?
2004 - Israel’s building of a wall around Palestinian territories
2010 - Kosovo’s independence
2019 - UK’s ownership of the Chagos Islands
What happened during the 2004 Israel’s wall situation?
The UNGA asked the ICJ for an advisory opinion on Israel’s building of a wall around Palestinian territories - the ICJ deemed it ‘illegal’
Israel’s PM at the time, Ariel Sharon, condemned the ruling as ‘one-sided and politically motivated’ and continued the building of the wall
What was the reaction to the ICJ’s advisory opinion on Kosovo in 2010?
The ICJ had declared Kosovo to be legitimately able to declare independence in 2008
The decision was welcomed by Kosovo’s supporters but ignored by Serbia and Russia
Explains the events of the UK and Chagos Islands dispute
2019 - the ICJ ruled that the UK’s claims of sovereignty over the Chagos Islands and leasing Diego Garcia to the US as a military airbase during conflicts in Afghanistan and Iraq (leading to over 1000 deportations) were unlawful
Mauritius’ claim to the Chagos Islands were ignored by the UK - ‘been under continuous British sovereignty since 1814.’
The UNGA issued a non-binding resolution setting the UK a deadline - no result
Why does the ICJ have great moral authority?
90% of cases are complied by nation states
