ICJ - Part.1

Before the establishment of the International Court of Justice, international legal disputes were handled informally or through ad hoc arbitration. Efforts to formalize peaceful dispute resolution gained momentum with the creation of the Permanent Court of Arbitration in 1899 and later, the Permanent Court of International Justice (PCIJ) in 1920 under the League of Nations. The PCIJ issued a number of influential decisions and advisory opinions, but it lacked the necessary authority and global participation to enforce its rulings effectively. Its decline paralleled that of the League itself, particularly with the rise of global conflict during the 1930s and World War II.

The ICJ was established in 1945 as the principal judicial organ of the newly formed United Nations, taking over the functions of the PCIJ. Its founding aimed to strengthen the legal framework for resolving disputes between states in the aftermath of World War II. The court officially began operations in 1946 and was guided by the Statute of the ICJ, which outlines its jurisdiction and procedures. Early cases dealt with diplomatic protection, rights of passage, and territorial claims. Importantly, the ICJ’s decisions are binding on parties to the case, although it has no enforcement mechanism beyond the political will of states and the authority of the UN Security Council.

Today, the ICJ remains vital in promoting peaceful resolution of international conflicts and advancing the rule of law. It consists of 15 judges elected by both the UN General Assembly and Security Council, ensuring geographical and legal diversity. The court hears contentious cases between states and issues advisory opinions on legal questions referred by international organizations. Recent cases have included issues like maritime boundaries, genocide allegations, and climate-related disputes. While its decisions depend on voluntary compliance, most states adhere to rulings due to their legal and reputational weight. The ICJ continues to evolve, increasingly engaging with global legal norms and contributing to a more structured international legal order.