What is ICJ? It's role and history

 What is ICJ? 

It is a principle judicial organ of UNO established in 1945. 

It is headquartered in Hague (Netherlands).

  It consists of total number of 15 judges for a tenure of 9 years. 

ICJ started functioning after abolition of PCIJ. 

History

Under the League of Nations establishment of Permanent Court of International Justice (PCIJ) occurred. 

After the dissolution of League of Nations.  PCIJ also dissolved and ICJ formed in 1945 that started working in 1946.

It's working language are English and French. 

It's need for establishment was felt in 1st Hague conference to save international dispute. 

Jurisdiction

It has 2 kinds of jurisdiction ,one is contentious and other is advisory. 

In contentious jurisdiction the judgement is binding on the parties and the

parties have to sign a protocol 

a)  accepting the judgement

b) submitting to the judgement

If such protocol is not signed then the judgement would not be binding. 

Who can be the party

1.Only state can be the party.

2.Individuals can bring claim only through their own govt.

3.The states which are not parties to the statute can have access to court if they fulfil the conditions laid down by the General Assembly upon the recommendation made by the security council. 

Role of ICJ

1. It acts as the world court. 

2. The judgement is final, binding on the parties to case and without appeal (at most it may be subject to interpretation or upon the discovery of new fact,  revision).

3. ICJ discharges it's duties as a full court but,  at the request of the parties,  it may also establish ad-hoc chambers to examine specific cases. 

4. Advisory proceeding before the court are only open to five organs of the UN and specialized agency of UN. 

5. Advisory provided by the court are essentially advisory and not binding. 

Kulbhushan Jadhav Case

Kulbhushan was arrested by Pakistan in Balochistan.

Pakistan sentenced him to death but ICJ in 2018 stayed his death sentence 

Harish Salve who represented India said Pakistan used Kulbhushan as 'propaganda tool'. 

Limitations of ICJ

1. Cannot try individuals of war crimes etc. 

2. Court can hear dispute when requested to do so by one or more states.  It cannot deal with the dispute on its own initiative. 

3. ICJ has jurisdiction based on consent not compulsory jurisdiction.