Nicaragua filed a lawsuit at the International Court of Justice accusing Germany's support for Israel as "aiding in genocide." What is the International Court of Justice (ICJ) in The Hague, what are its functions, and what are its constraints?
The "Peace Palace" in The Hague: the seat of the International Court of Justice
The Red Brick Building of the International Court of Justice, with its ornamental towers, dormer windows and arcades, not only gives it a majestic and solemn atmosphere, but the name of the Peace Palace also alludes to its mission: to mediate international conflicts. Ironically, the palace was built in 1913, and the following year World War I broke out.
When the smoke of the Second World War dissipated, the United Nations came into being in order to maintain world peace and promote cooperation among countries, and The Hague became the capital of international law. All other major UN agencies are headquartered in New York, with the exception of the International Court of Justice (ICJ) at the Peace Palace in The Hague.
What is the International Court of Justice?
"The International Court of Justice is the principal judicial organ of the United Nations", says in Chapter XIV of the Charter of the United Nations. All 193 UN Member States should automatically become parties to the ICJ Statute and be obliged to abide by the Court's rulings – at least as stipulated in the UN Charter.
The International Court of Justice has 15 permanent judges, who must be from different countries, representing all regions of the world and the main legal systems, and are elected by the United Nations General Assembly and the United Nations Security Council. Judges are appointed for a term of nine years, with one third of the judges elected every three years. In February, Lebanese judge Nawaf Salam was elected as the new president of the International Court of Justice, and the vice-president was succeeded by a female judge from Uganda, Julia Sebutinde.
Don't be confused: this is the International Criminal Court, which is also in The Hague, but the International Court of Justice is two different bodies
It is important to distinguish between the International Court of Justice (ICJ) which deals with cases involving States, while the International Criminal Court (ICC) prosecutes individuals suspected of war crimes, genocide and other crimes.
What falls within the jurisdiction of the International Court of Justice?
Many people may think that all States that sign the Charter of the United Nations are equivalent to providing a mandate to the International Court of Justice. However, this is not the case, and the latter has full jurisdiction only when all the States concerned have signed the so-called declaration of submission to the International Court of Justice that all disputes involving international law have been submitted. In 2008, Germany had already made a statement to that effect, and about one third of the UN membership had now completed this step.
A State that has not yet submitted a declaration recognizing the jurisdiction of the International Court of Justice may, in the event of a litigation dispute, submit the case to the International Court of Justice through voluntary consultation. However, in certain cases, proceedings may also be brought before the International Court of Justice without the consent of the parties: if the plaintiff can invoke a United Nations convention, the relevant convention designates the International Court of Justice as a conciliation body and the accused party has signed the convention.
A well-known example is the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. Article 9 of the Convention states that disputes between States Parties concerning the interpretation, application or application of this Convention, including disputes concerning the responsibility of a State for the crime of genocide, shall, at the request of one of the parties to the dispute, be submitted to the International Court of Justice.
Demonstrators holding high Palestinian flags gather outside the International Court of Justice in The Hague in February 2024
It is on the basis of this clause that after Russia's full-scale invasion of Ukraine in 2022, Kyiv filed a lawsuit against Russia before the International Court of Justice. In December 2023, South Africa also filed a lawsuit against Israel under invoking the above-mentioned convention. In March 2024, Nicaragua also filed a lawsuit before the International Court of Justice accusing Germany's support for Israel of "aiding in genocide."
How can the International Court of Justice effectively enforce its awards?
Whether based on declarations submitted by the parties, negotiated agreement to conciliate by the International Court of Justice, or proceedings based on conventions and agreements, judgments rendered by the International Court of Justice are legally binding and there is no appeal procedure. In March 2022, the International Court of Justice in The Hague asked Russia to temporarily stop its war of aggression, but no final ruling has yet been made.
The war in Ukraine continues to this day, and the "hard wound" of the International Court of Justice is self-evident: there is no world police who can make rulings and enforce them. For the International Court of Justice to play its role, it must also have the active cooperation of the States concerned.