International Court of Justice also known as World Court is the principal judicial organ of United Nation (UN). It is among one of the Six Principal Organs of United Nation. ICJ was established in year 1945 and began its operation in April, 1946. The court has its seat in The Hague, Netherlands. International Court of Justice is the successor of Permanent Court of International Justice Principal Court of Justice dissolved in 1946 which was established by the league of nation in 1920.

When second world war came to end, both the league and PCIJ were succeeded by the United Nation and ICJ. International Court of Justice is the only principal organ among the six principal organs of United Nations which is not located in New York . International Courts of Justice operates on the basis of International Laws. The primary function of the court is to pass judgements upon the disputes between States. If the state does not consent to an action, it can not be sued before the International Court of Justice.

Background

• The first phase is generally recognized as dating back from the so called Jay Treaty of 1794 between the United States of America and Great Britain.
• The Alabama Claims arbitration in 1872 between the United Kingdom and the United States marked the start of a second, even more decisive, phase.
• The Hague Peace Conference of 1899, convened on the initiative of the Russian Czar Nicholas II, marked the beginning of a third phase in the modern history of international arbitration.
• With respect to arbitration, the 1899 Convention provided for the creation of permanent machinery, known as the Permanent Court of Arbitration, established in 1900 and began operating in 1902.
• The Convention also created a permanent Bureau, located in The Hague, with functions corresponding to those of a court registry or secretariat, and laid down a set of rules of procedure to govern the conduct of arbitrations.
• Various plans and proposals submitted between 1911 and 1919, both by national and international bodies and by governments, for the establishment of an international judicial tribunal, which culminated in the creation of the Permanent Court of International Justice (PCIJ) as an integral part of the new international system set up after the end of the First World War.
• In 1943, China, the USSR, the United Kingdom and the United States issued a joint declaration recognizing the necessity "of establishing at the earliest practicable date a general international organization, based on the principle of the sovereign equality of all peace-loving States, and open to membership by all such States, large and small, for the maintenance of international peace and security".
• Subsequently, G.H. Hackworth (United States) committee was entrusted with preparing a draft Statute for the future international court of justice in 1945.
• The San Francisco Conference while keeping committee recommendations in mind decided against compulsory jurisdiction and in favour of the creation of an entirely new court, which would be a principal organ of the United Nations, on the same footing as the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council and the Secretariat.
• The PCIJ met for the last time in October 1945 and resolved to transfer its archives and effects to the new International Court of Justice, which, like its predecessor, was to have its seat at the Peace Palace.
• In April 1946, the PCIJ was formally dissolved, and the International Court of Justice meeting for the first time elected as its president Judge Joe Gustavo, the last president of the PCIJ.

Structure:

• The Court is composed of 15 judges, who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council. These organs vote simultaneously but separately.
• In order to be elected, a candidate must receive an absolute majority of the votes in both bodies.
• In order to ensure a measure of continuity, one third of the Court is elected every three years and Judges are eligible for re-election.
• ICJ is assisted by a Registry, its administrative organ. Its official languages are English and French.

The 15 judges of the Court are distributed in following regions:

• Three from Africa.
• Two from Latin America and Caribbean.
• Three from Asia.
• Five from Western Europe and other states.
• Two from Eastern Europe.

Unlike other organs of international organizations, the Court is not composed of representatives of governments. Members of the Court are independent judges whose first task, before taking up their duties, is to make a solemn declaration in open court that they will exercise their powers impartially and conscientiously.

In order to guarantee his or her independence, no Member of the Court can be dismissed unless, in the unanimous opinion of the other Members, he/she no longer fulfils the required conditions. This has in fact never happened.

Jurisdiction of international court of justice
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 I.C.J.

• 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.
• It differs from the Courts which deal with allegations of violations of the human rights conventions under which they were set up, as well as applications from States at which courts can entertain applications from individuals, that is not possible for the International Court of Justice.
• The jurisdiction of the International Court of Justice is general and thereby differs from that of specialist international tribunals, such as the International Tribunal for the Law of the Sea (ITLOS).
• The Court is not a Supreme Court to which national courts can turn; it does not act as a court of last resort for individuals. Nor is it an appeal court for any international tribunal. It can, however, rule on the validity of arbitral awards.
• The Court can only hear a dispute when requested to do so by one or more States. It cannot deal with a dispute on its own initiative. Neither is it permitted, under its Statute, to investigate and rule on acts of sovereign States as it chooses.
• 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.

Cases in which India was involved with I.C.J.

1. Kulbhushan Jadhav Case (India v. Pakistan) – 2019
2. Right of Passage Over Indian Territory (Portugal v. India) – 1960
3. Aerial Incident of 10 August 1999 (Pakistan v. India)
4. Appeal Relating to the Jurisdiction of the ICAO Council (India v. Pakistan) – 1971
5. Trial of Pakistani Prisoners of War (Pakistan v. India) – 1973

Conclusion
The International Court of Justice (ICJ) serves as the principal judicial organ of the United Nations, playing a crucial role in resolving legal disputes between states and providing advisory opinions on international legal questions. Its mandate is to ensure peaceful settlement of conflicts based on international law, promoting justice and global cooperation. While the ICJ has no direct enforcement power, its decisions carry significant moral and legal weight, contributing to the stability of international relations. However, challenges remain due to its reliance on state consent and occasional non-compliance with its rulings by powerful nations.

Written By: Shadab Saifi, B.A.L.L.B. second year student have endeavored to shed light on critical issues. I hope this analysis sparks further discussion and inspires action among peers, legal professionals, and policymakers. It is only through collective efforts that we can strive for a more efficient and just judicial system. Thank you for engaging with this important topic.