Global Affairs

Nov 17, 2017

The United Nations has six major organs and one among them is ‘International Court of Justice’. Despite the fact that the court has decided over a number of important international conflicts, it remains subject to criticism for being too reserved from actively playing a role. Sometimes, even the criticism on the UN also victimizes the International Court. The most highlighted points of objection include;

  • The decision of the court will only be binding if both the parties while submitting their case agree to be subject to the decision of the court otherwise the decision of the court will lack any practical value.
  • Only states can bring the cases and be defendants in the International Court; prohibiting the organizations, individuals and private enterprises to seek a ruling from here about their disputes.
  • Other existing international thematic courts, such as the ICC, are not under the umbrella of the International Court. Unlike ICJ, international thematic courts like ICC work independently from United Nations. Such dualistic structure between various international courts sometimes makes it hard for the courts to engage in effective and collective jurisdiction.
  • The International Court does not enjoy a complete separation of power, with permanent members of the Security Council being able to veto enforcement of cases.

With these objections justified, the UN requires not only restructuring of the Security Council but also that of the International Court. 

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