Chapter XIV of the
UN Charter
addresses the powers of the Court of Justice on the
one hand, whilst they are firmly established in their own statute as an integral
part of the Charter on the other. This means that each state joining the United
Nations also becomes a contracting party to the ICJ. The ICJ is essentially
different to 'normal' courts of justice. This is made quite clear by the fact
that only states are permitted to go in front of the ICJ. What is more
important is the fact that the states have to subjugate themselves to
jurisdiction of the ICJ:
"...
The
common character of public international law (requires) that an appropriate
party agreement precede the subjugation to an international court of justice. If
this capacity is missing with regard to just one state, the ICJ cannot become
active in an instance of dispute.
The rulings of the ICJ
are only binding for those parties involved in the matter in dispute being
heard, and its jurisdiction has no general impact."
[taken from: Sven Gareis/Johannes Varwick, Die Vereinten Nationen. Aufgaben, Instrumente und Reformen;
Bundeszentrale für politische Bildung Schriftenreihe Band 403, Bonn 2003, P.
56]
These
difficult working conditions mean that the ICJ has not been able to play much of
a main role in the central task of securing peace and international security at
the United Nations. The fundamental concept, so rich in tradition, of conflicts
between states being settled in front of an international court instead of on
the field of battle has been just as ineffectual in causing a breakthrough for
the ICJ as for its predecessor, the Permanent Court of International Justice of
the League of Nations.
Gareis
and Varwick come to an appropriate conclusion: "With 65 rulings in over
five decades, the ICJ has not played much of an active role in international
politics. However, with its decisions and 23 legal opinions in the areas its
deals with, it has performed essential work in the predevelopment of
international law."
[taken from: Sven Gareis/Johannes Varwick, Die Vereinten Nationen. Aufgaben, Instrumente und Reformen;
Bundeszentrale für politische Bildung Schriftenreihe Band 403, Bonn 2003, P.
56]
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