Evaluate the role of the International Court of Justice in inter-State disputes. (UPSC CSE Mains 2019 - Political Science and International Relations, Paper 2).
International Court of Justice (ICJ) is one of the six principal organs of the United Nations. Its seat is at the Peace Palace in The Hague (Netherlands). Notably, it is the only UN principal organ not situated in New York.
The ICJ has two types of jurisdictions:
- Contentious cases
- ICJ, in accordance with international law, settles disputes of legal nature that are submitted to it by states.
- Countries should apply and only then appear before the ICJ. International organisations, other authorities, and private individuals are not entitled to institute proceedings before the ICJ.
- The Court can only deal with a dispute when the States concerned have recognized its jurisdiction.
- The judgment is final, binding on the parties to the case and without an appeal.
- Advisory opinions
- The advisory procedure is available to five UN Organs, fifteen Specialized Agencies, and one Related Organisation.
- Despite having no binding force, the Court’s advisory opinions nevertheless, carry great legal weight and moral authority and thus help in the development and clarification of international laws.
Limitations of ICJ
ICJ suffers from certain limitations, these are mainly structural, circumstantial and related to the material resources made available to the Court.
- It has no jurisdiction to try individuals accused of war crimes or crimes against humanity. As it is not a criminal court, it does not have a prosecutor able to initiate proceedings.
- The ICJ is not an apex court to which national courts can turn to. It is also not a court of last resort for people. It also does not act like an appeal court for international tribunals, however, it can make a ruling on the validity of the arbitration awards.
- The ICJ cannot suo moto take up a case. It can only hear cases or disputes when requested to do so by States. It can also not investigate and rule on acts of States.
- The ICJ only has jurisdiction based on consent, not compulsory jurisdiction.
- It does not enjoy a full separation of powers, with permanent members of the Security Council being able to veto enforcement of cases, even those to which they consented to be bound.
Kulbhushan Jadhav Case
Kulbhushan Jadhav, an Indian naval officer, was arrested in March 2016 by Pakistani security forces in Balochistan province after he reportedly entered from Iran.
Key Highlights of Judgement
- Pakistan Violated the Vienna Convention: ICJ upheld that Islamabad had violated Article 36 of the Vienna Convention on Consular Relations, 1963, by not informing India about Jadhav’s arrest immediately after Pakistan Army had taken him into custody.
- ICJ found that India had been deprived of the ‘right to communicate with and have access to Jadhav, to visit him in detention and to arrange for his legal representation’, which meant that Pakistan had breached obligations incumbent upon it under Article 36, paragraph 1 (a) and (c), of the Vienna Convention on Consular Relations.
- The provisions of the 1963 Vienna Convention defines a framework for consular relations between countries.
The International Court of Justice is endowed with both a privileged institutional status and procedural instruments whose potential is frequently underestimated. It needs strengthening for the promotion and development of international peace.
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