Legal Definitions - International Court of Justice

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. Its primary function is to settle legal disputes submitted to it by states and to provide advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies. All member states of the United Nations are automatically parties to the Statute that governs the ICJ, meaning they agree to its foundational rules. However, for a specific dispute to be heard, the states involved must explicitly consent to the Court's jurisdiction. Only states, not individuals or international organizations, can bring cases before the ICJ.

Here are some examples of how the International Court of Justice operates:

• Resolving a Border Dispute: Imagine two neighboring countries, Veridia and Aethelgard, have a long-standing disagreement over the precise location of their shared border in a resource-rich mountainous region. Decades of bilateral negotiations have failed to resolve the issue, leading to occasional skirmishes and diplomatic tension.

  In this situation, both Veridia and Aethelgard could agree to submit their territorial dispute to the ICJ. The Court would then hear arguments from both sides, examine historical maps, treaties, and other evidence, and issue a binding judgment determining the legitimate border. This illustrates the ICJ's function in settling legal disputes between states.

• Interpreting an International Treaty: The countries of Maritima and Terra Nova are signatories to an international treaty concerning fishing rights in a shared ocean zone. A specific clause in the treaty allows for "sustainable harvesting practices," but they disagree sharply on what constitutes "sustainable" and how to implement quotas, leading to accusations of overfishing by one party.

  If both Maritima and Terra Nova consent, the ICJ could be asked to interpret the ambiguous clause of the treaty. The Court would clarify the legal meaning of "sustainable harvesting practices" within the context of the treaty, providing a definitive legal interpretation that would guide the countries' actions and help resolve their dispute. This highlights the ICJ's role in interpreting international law and treaties between states.

• Providing an Advisory Opinion to the UN: The United Nations General Assembly is debating a resolution concerning the legal implications of a new type of autonomous weapon system under existing international humanitarian law. Before making a final decision, the General Assembly wants a clear, authoritative legal perspective on whether the use of such weapons would violate established international norms.

  The General Assembly, as an authorized UN organ, could request an advisory opinion from the ICJ on the legality of these weapon systems under international law. The ICJ would then conduct a thorough legal analysis, considering relevant treaties and customary international law, and issue a non-binding but highly influential opinion. This demonstrates the ICJ's function in providing legal guidance to UN bodies on complex questions of international law.