The continued conflict between Ukraine and Russia has expanded to the legal arena with Ukraine seeking retribution from the International Court of Justice (ICJ). This dispute brings into focus the role and significance of the ICJ, the history of India’s engagement with this critical international court, the Genocide Convention, and its implications.
Understanding the ICJ: Basics and Establishment
Founded in June 1945 through the Charter of the United Nations, the International Court of Justice (ICJ) functions as the principal judicial organ of the UN. It is the successor of the Permanent Court of International Justice (PCIJ), a product of the League of Nations, which dissolved after the Second World War, and held its inaugural sitting at the Peace Palace in The Hague, Netherlands, in February 1922. Diverging from other key organs of the UN, the ICJ is situated not in New York City but in The Hague in the Netherlands.
Functioning and Jurisdiction of ICJ
The ICJ settles legal disputes among states according to international law and also offers advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies. English and French are its official languages.
The ICJ holds jurisdiction over disputes involving members of the UN, but consent from involved parties is mandatory. While judgments passed by the ICJ are technically binding, the compliance with its orders heavily depends on countries’ willingness, as the court lacks a mechanism to ensure enforcement.
Judges of ICJ: Selection Process
The ICJ comprises 15 judges elected for nine-year terms by the UN General Assembly and Security Council, with elections conducted in New York during the annual UNGA meeting. These elections require majority votes from both bodies and may need several voting rounds. Every three years, a third of the court undergoes election. Notably, judges are eligible for re-election.
Indian Footprint in ICJ
As of now, four Indians have served as members of the ICJ. Currently, Justice Dalveer Bhandari, a former judge of the Supreme Court, has been serving at the ICJ since 2012. India has also been party to six cases in front of the ICJ, four of which involved Pakistan.
The Genocide Convention: A Brief Overview
The Convention on the Prevention and Punishment of the Crime of Genocide, better known as the Genocide Convention, is an international law instrument that codified genocide as a crime for the first time. Adopted by the UN’s General Assembly on 9 December 1948, it stands as a symbol of the global community’s pledge to ‘never again’ allow the occurrence of horrific events like those during the Second World War. The Convention lays down obligations on State Parties to prevent and punish genocide crimes, a norm that is binding on all States, irrespective of whether they have ratified the Genocide Convention or not. Importantly, India is a signatory to this convention.
