As Israel continues its deadly war on Gaza, leaving a trail of destruction and a rising death toll of Palestinians nearing 23,000, international attention is turning toward demands for justice and accountability.
Calls are growing louder for the involvement of key international legal bodies, such as the International Court of Justice (ICJ), to address and investigate allegations of war crimes and genocide.
South Africa has filed a case against Israel at the ICJ, accusing it of committing “genocide” in Gaza, with the hearing scheduled to start on Thursday.
A crucial question that arises is how exactly the ICJ functions, its mandate and legal powers.
What is the ICJ?
The ICJ, also referred to as the World Court, is the highest court of the UN, and is considered to be its “main judicial organ.” Established in June 1945 by a UN charter, it began functioning in April 1946.
Seated in The Hague, the Netherlands, the ICJ is a civil court that settles disputes between countries, not individuals.
The court aims to resolve legal disputes in accordance with international law between countries as well as provide advisory opinions on legal matters referred to it by UN bodies.
This court operates under the Statutes of the ICJ, the UN Charter 1945, and the Convention on the Prevention and Punishment of the Crime of Genocide 1951 (Genocide Convention 1951).
How do the court functions?
The ICJ is composed of 15 judges, including a president and a vice-president, elected by the UN’s General Assembly and Security Council.
Elected for a 9-year term, these judges are eligible for reelection.
Who are members of the ICJ?
For the ICJ, only member states of the UN are eligible to appear before the court.
Currently, around 193 states are members of the UN, as article 93, paragraph 1, of the Charter of the United Nations provides that all “members of the United Nations are ipso facto parties to the Statute.”
The ICJ seeks to settle disputes between countries, if they voluntarily participate in the proceeding, and then are bound to follow with the decision of the court.
The ICJ says that it has no jurisdiction to entertain requests from individuals, NGOs, corporations, or private entities.
What cases has the ICJ handled?
The ICJ has looked into over 190 cases, according to its official website.
Some significant cases include Nicaragua v. United States of America, when in 1986, the ICJ ruled that the US had violated international law and supported rebel groups against the Nicaraguan government. The US refused the court’s ruling, and vetoed “enforcement action” when the decision was sent to the Security Council.
Another prominent case was when in 1993, the Republic of Bosnia and Herzegovina instituted proceedings against Yugoslavia for crimes of genocide.
Neighboring countries have also gone to the ICJ regarding their border disputes. In 2021, the ICJ determined the maritime boundary between Somalia and Kenya.
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