Question.
Critically examine the jurisdiction of the International Court of Justice.
(UPPSC, UP PCS Mains General Studies-II/GS-2 2018)
Answer.
The International Court of Justice (ICJ) is also known as the World Court. It is one of the six major organs of the United Nations, and the jurisdiction over disputes between countries. It was established on 26 June 1945. The headquarters of the International Court of Justice(ICJ) is in the Hague, which is located in the Netherlands.
The following is the critical examination of the jurisdiction of the International Court of Justice -
Limited jurisdiction:
The jurisdiction of the International Court of Justice is limited to cases where both sides have accepted its jurisdiction. A country can accept or reject some areas of jurisdiction, which limits the scope of the International Court of Rights. This means that not all international disputes are subject to its jurisdiction, which raises questions about the International Court of Effectiveness in widely resolving global conflicts.
Lack of compulsory jurisdiction:
Unlike some other international tribunals, there is no compulsory jurisdiction in the International Court of International Court. The jurisdiction of the International Court is based on the principle of voluntary submission, resulting in the consent of both sides to resolve controversial issues, especially when one side is not ready to participate, the international court cannot do justice to that dispute.
Limited access:
The jurisdiction of the International Court of Court is mainly limited to inter-country disputes, except for matters related to non-country actors or individuals. It does not address human rights violations, terrorism, or other conflicts within the country.
The International Court of Justice can not suo-moto of the case, it can only hear disputes when requested to do by countries.
Thus, the jurisdiction of the International Court of Court cannot effectively cover all areas of international law.
Political views:
The International Court of Court operates in a political context, and its jurisdiction may be affected by political views. The impact of politics on the jurisdiction of the court increases concerns about its effectiveness and perceived prejudice in some cases.
Selection in the case:
The jurisdiction of the International Court of the Court is subject to the consent of the countries, and the court has the discretion to accept or not accept cases based on various factors. It leads to selectivity in the case jointly, with a backlog of prudence, limited resources, and cases. The court may prioritize some cases over others, and this selectivity can question fairness and equal access to justice.
Despite these boundaries, the International Court of the Court has played an important role in resolving disputes between the states and contributing to the development of international law. For example, in the context of India, the International Court of Court proclaimed its justice for Kulbhushan Yadav in 2019, which Pakistan kidnapped from the Pakistan-Iran border, and Pakistan described him as a detective of India.
Efforts should be made to increase the International Court of Jurisdiction and to remove its limitations.
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