One means of international is the International Court of Justice ‘judicial settlement’ (ICJ). The ICJ was established in 1945 as the principal judicial organ of the United Nations. The Court, based in The Hague, is comprised of 15 judges elected for nine year terms by the UN General Assembly and the Security Council. Unlike a domestic the is dependent on court’s mandatory jurisdiction, ICJ’s jurisdiction the consent of States. This means it cannot hear any case involving a State which has not submitted to its jurisdiction. Article 36 of the sets out the circumstances in ICJ Statute which the Court has jurisdiction: where the parties agree to refer a dispute to the Court; where the or a relevant treaty, confers jurisdiction on the Court; or UN Charter, where the parties to a dispute have made formal declarations (‘optional clause the jurisdiction as compulsory. These declarations’) recognising Court’s declarations may be unconditional or they may contain exceptions that limit the optional clause declaration was lodged in Court’s jurisdiction. Australia’s present 2002. The conferral of jurisdiction on the ICJ to hear disputes arising under treaties is especially relevant as numerous human rights treaties expressly provide for States to refer treaty disputes directly to the ICJ. Examples include the the Slavery Convention, Convention on and the the Elimination of All Forms of Racial Discrimination Convention on the Elimination of All Forms of Discrimination against Women. Another example of a treaty that confers jurisdiction on the ICJ is the Genocide Article 9 of the allows parties to refer to the ICJ Convention. Genocide Convention disputes concerning the In interpretation, application or fulfilment of the Convention. 1993, Bosnia-Herzegovina relied on article 9 to bring an action against the Federal Republic of Yugoslavia (Serbia and Montenegro). The Court granted provisional measures, requesting that the Federal Republic of Yugoslavia take all measures within its powers to prevent the commission of genocide. There are several features of the ICJ that are distinctive. First, it is not a supreme court of appeal from other national or international judicial bodies. Second, the Court is not bound by its earlier decisions, although in practice it treats them as persuasive. Third, under article 94 of the UN members undertake to comply with any ICJ UN Charter, decision in any case to which they are a party; failure to do so allows the other party to seek recourse to the Security Council which may make recommendations or decide upon measures to give to the ICJ judgment.
One means of international ‘judicial settlement’ is the International Court of Justice (ICJ). The ICJ was established in 1945 as the principal judicial organ of the United Nations. The Court, based in The Hague, is comprised of 15 judges elected for nine year terms by the UN General Assembly and the Security Council. Unlike a domestic court’s mandatory jurisdiction, the ICJ’s jurisdiction is dependent on the consent of States. This means it cannot hear any case involving a State which has not submitted to its jurisdiction. Article 36 of the ICJ Statute sets out the circumstances in which the Court has jurisdiction: where the parties agree to refer a dispute to the Court; where the UN Charter, or a relevant treaty, confers jurisdiction on the Court; or where the parties to a dispute have made formal declarations (‘optional clause declarations’) recognising the Court’s jurisdiction as compulsory. These declarations may be unconditional or they may contain exceptions that limit the Court’s jurisdiction. Australia’s present optional clause declaration was lodged in 2002. The conferral of jurisdiction on the ICJ to hear disputes arising under treaties is especially relevant as numerous human rights treaties expressly provide for States to refer treaty disputes directly to the ICJ. Examples include the Slavery Convention, the Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of All Forms of Discrimination against Women. Another example of a treaty that confers jurisdiction on the ICJ is the Genocide Convention. Article 9 of the Genocide Convention allows parties to refer to the ICJ disputes concerning the interpretation, application or fulfilment of the Convention. In 1993, Bosnia-Herzegovina relied on article 9 to bring an action against the Federal Republic of Yugoslavia (Serbia and Montenegro). The Court granted provisional measures, requesting that the Federal Republic of Yugoslavia take all measures within its powers to prevent the commission of genocide. There are several features of the ICJ that are distinctive. First, it is not a supreme court of appeal from other national or international judicial bodies. Second, the Court is not bound by its earlier decisions, although in practice it treats them as persuasive. Third, under article 94 of the UN Charter, UN members undertake to comply with any ICJ decision in any case to which they are a party; failure to do so allows the other party to seek recourse to the Security Council which may make recommendations or decide upon measures to give to the ICJ judgment.
human-rights-manual-fourth-edition.docx