Do General Assembly and Security Council Undermine the Efficacy of ICJ?​

Tazeen Bint e Waheed
Faculty of Law, Aligarh Muslim University, India.

Volume III, Issue VI, 2020

The relationship between International Court of Justice and United Nations can clearly be analysed from the perspective of United Nations Charter and the way it demarcates the capacities of the various principal UN organs and regularize the practise of their simultaneous powers. However, the Court is responsible for playing a dual, fluctuating role. As per Article 92 of the Charter, It is the only and main judicial organ in the United Nations and moreover, it also enjoys the position of an independent body with adjudicative function, and according to Article 38 of its Statute, performs the duty of applying international law to various disputes among the states as are filed before it. On focusing the primary functions performed by the other major organs of UN we observe that either directly as in the case of the General Assembly and Security Council which directly elects the members of ICJ or indirectly as in with the other organs like the Economic and Social Council which on several occasions themselves become dependent on the advice given by ICJ on concerned matters.

United Nations’ primary objective is to maintain peace and security to the member nations which on a larger extent is fulfilled by the International Court of Justice. Keeping the same view, the paper will magnify in researching the role of ICJ along with the study of contemporary case laws brought before ICJ, while primarily focusing on the interrelation and the impact of the working of ICJ on the other major organs of the United Nations.