Enforcement of Judgements of the International Court of Justice: The Roles of the Court and the Security Council

In recent years, there has been an increasing number of discussions about the effectiveness of international courts, especially the International Court of Justice (ICJ), due to its broader reach and worldwide importance. Yet, the ICJ faces some drawbacks related to a lack of confidence in it by some states and in certain subject matters. In this context, this essay aims to evaluate the main problems perceived in the search for enforcement of the ICJ’s judgements.

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Global Journal of Human-Social Science Research

Since the creation of United Nations, the ICJ, popularly known as the World Court, has brought and boosted a positive spirit in international law by infusing the basic ideologies and fundamental principles courtesy its various pronouncements which are slowly transforming in the customary rules of international law. ICJ, since its inception albeit by adhering to some limitations, has done wonders to instill faith of States in international law. However, ICJ is affected by a serious problem for the enforcement of its judgment besides the compulsory jurisdiction issues. The Security Council, the enforcement wing of the UN is the catalyst body to express and execute the will and desires of some States. This paper shall scrutinize the unique relationship that both of these organs of the UN shares. It also highlights the problems and prospects relating to the implementation of ICJâ€™s decisions and the crucial role, sometimes even overlapping, of the Security Council.

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European Journal of International Law

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European Journal of International Law

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Dir. Dan Sarooshi, Remedies and Responsibility by the Actions of International Organizations, Hague Academy of International Law, Martinus Nijhoff, 2014

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The International Court of Justice (ICJ), with its seat at the Hague, was established as one of the principal organs of the United Nations (UN) to help materialise the fundamental objectives of the UN, i.e., maintenance of peace and a stable world order. One of the main purposes of the United Nations is to maintain international peace and security and, to that end, to bring about by peaceful means adjustment or settlement of international disputes which might lead to a breach of peace. It was with this view that the UN Charter created the ICJ as one of its six major organs. Article 2(4) of the Charter categorically prohibits use or threat of force in international disputes. The natural corollary of this is the principle of pacific settlement of international disputes. Article 2(3) of the Charter obligates the states to settle their disputes peacefully. As an organ of the United Nations, the ICJ serves as one of the various methods of the peaceful settlement of disputes provided for .

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