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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 5, 20242024-05-05T12:42:45+05:30 2024-05-05T12:42:45+05:30In: Political Science

Explain Composition and functions of the International Court of Justice.

Explain Composition and functions of the International Court of Justice.

MPSE-006
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    1. Himanshu Kulshreshtha Elite Author
      2024-05-05T12:43:15+05:30Added an answer on May 5, 2024 at 12:43 pm

      The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN), established to settle legal disputes between states and provide advisory opinions on legal questions referred by UN organs and specialized agencies.

      Composition:
      The ICJ consists of 15 judges elected by the UN General Assembly and the Security Council for nine-year terms. These judges are selected based on their qualifications, expertise in international law, and represent a geographically diverse range of states. The Court elects its own President and Vice-President for three-year terms, who oversee the Court's proceedings and represent it in external matters.

      Functions:

      1. Adjudication of Disputes: The primary function of the ICJ is to settle legal disputes between states in accordance with international law. States may submit cases to the Court voluntarily through special agreements (compromis) or by mutual consent. The Court has jurisdiction to hear contentious cases involving disputes over territory, sovereignty, treaty interpretation, state responsibility, and other legal matters.

      2. Advisory Opinions: The ICJ provides advisory opinions on legal questions referred to it by UN organs and specialized agencies. These opinions are non-binding but carry considerable weight in guiding the interpretation and application of international law. Advisory opinions can address a wide range of legal issues, including questions of international humanitarian law, human rights, and the legality of state actions.

      3. Interpretation of Treaties: The ICJ interprets treaties and conventions when requested to do so by parties to a dispute or by the UN General Assembly or Security Council. The Court's interpretation of treaties helps clarify the rights and obligations of states under international law and promotes consistency and coherence in treaty interpretation.

      4. Mediation and Conciliation: While the ICJ's primary role is adjudicatory, it may also facilitate mediation and conciliation efforts to resolve disputes between states through peaceful means. The Court may encourage parties to engage in negotiations or third-party mediation to reach mutually acceptable solutions to their disputes, thus promoting peaceful settlement and reconciliation.

      5. Development of International Law: Through its jurisprudence and advisory opinions, the ICJ contributes to the development and clarification of international law. The Court's decisions establish precedents and principles that shape the interpretation and application of international legal norms, helping to strengthen the rule of law and promote peace and stability in the international community.

      In summary, the International Court of Justice is composed of 15 judges elected by the UN General Assembly and the Security Council. Its functions include adjudicating disputes between states, providing advisory opinions, interpreting treaties, facilitating mediation and conciliation, and contributing to the development of international law. The ICJ plays a vital role in promoting the peaceful settlement of disputes and upholding the rule of law in the international community.

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