Critically Assess the Role of the International Court of Justice in Settling Disputes Between States Involving the Threat or Use of Force

4954 Words20 Pages
The United Nations Charter and customary international law are the main sources on the law on the threat or use of force. Article 2(4) of the UN Charter prohibits the threat or use of force by one state against another . Regard will first be given to the mechanism of the International Court of Justice as a legal instrument for resolving disputes between states. The International Court of Justice (ICJ) is ‘the principal judicial organ of the United Nations (UN) . It derives its power from Article 92 of the United Nations Charter and facilitates the peaceful resolution of disputes between states at an international level . Judge Lachs has characterised its function as that of “the guardian of legality for the international community as a whole, both within and without the United Nations” . The Court plays a dual role in that; it complies with international law when settling disputes brought before it by member states and offers advisory opinions on legal issues . Thus the jurisdiction of the court is categorised in two separate parts; contentious jurisdiction and advisory jurisdiction . The court’s jurisdiction in contentious cases is employed only by the consent of the States who are parties to the dispute and not by compulsory jurisdiction . Jurisdiction is paramount and decisive in contentious cases as if a state party does not consent, the court cannot implement jurisdiction over such a case . Consent is communicated through joint agreements referred to as ’Special Agreement’ . This in essence is the most efficient way in which the court can exercise its jurisdiction; since the parties involved aspire to have their disputes resolved and are therefore likely to observe the court’s judgement . However in the Nicaragua case the United States of America withdrew its declaration accepting the compulsory jurisdiction of the Court and then it completely

More about Critically Assess the Role of the International Court of Justice in Settling Disputes Between States Involving the Threat or Use of Force

Open Document