Issue Brief

The International Court of Justice: Evaluating Its Efficacy in Administering International Law and Justice

REYAA AGARWAL
October 02, 2024

The International Court of Justice (ICJ), the principal judicial organ of the United Nations, is one of the most influential bodies for administering international law and justice. This paper examines the Court's effectiveness in fulfilling this role, focusing on its past and recent rulings to assess its impact and influence in the international arena. The study begins with an overview of the ICJ's background, detailing its membership, composition, jurisdiction, and the significance of its location in The Hague. It then explores critical aspects of the Court's functioning, such as its optional jurisdiction, the challenges posed by its lack of enforcement mechanisms, its relationship with the United Nations Security Council (UNSC), and the political factors that affect its decisions. The paper also discusses significant cases, including Myanmar v. Gambia, Nicaragua v. USA, and the Nuclear Test Cases, to illustrate the ICJ's influence on the global stage. Additionally, it addresses the Court's stance on critical issues such as Palestine and the India-Pakistan spy case, concluding with recommendations for improving the ICJ's role in international law and justice.

REYAA AGARWAL (Research Intern, Society for the Study of Peace and Conflict, June-July 2024). She is pursuing her law degree at O.P. Jindal Global University, Sonipat, Haryana. She is dedicated and passionate about international law, conflict resolution, and child rights. Reyaa has previously interned at esteemed organizations like the Centre for Study and Research on Consumer Law (CSRCL), NUJS and Child Rights and You (CRY). She is committed to impactful research and policy development in Conflict, Security, and Human Rights.

Author Note
REYAA AGARWAL, Research Intern, Society for the Study of Peace and Conflict, June-July 2024.