The International Court of Justice (also known as the World Court of Justice) is the main judicial organ of the United Nations and is based in the Dutch city of The Hague, more precisely in the Peace Palace.
This body, created after the dissolution of the Permanent Court of Justice, was created in 1945 with the Charter of the United Nations and began its activity in April 1946. In the first years of the "life" of the Court, however, The scene has undergone major changes that have greatly influenced their business.
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The Italian and International Criminal Law Firm ILA is staffed with valid professionals who deal specifically with national and international law to guarantee the protection of the interests of their clients before any judicial authority, including international ones.
As explained above, the International Court of Justice It represents a UN body (the only one of its main bodies that is not based in New York). In general the UN
- United Nations Organization - is a union of 193 States whose membership is voluntary; This was founded in 1945, after the Second World War with the ultimate objective of strengthening peace, security and good international relations between states. Over the years, in addition to these goals, other objectives have been added, such as: the protection of human rights and fundamental freedoms, the promotion of economic, social and cultural growth, and international public health.
The international judicial function of the Court has an arbitration character, that is, it is a means of resolution based on the will of the States (on a voluntary basis) to refer a dispute that arises between them to the arbitration decision; These, therefore, are free to submit the examination of the controversy to the judgment of the International Court, provided that they later accept the respective decision as binding.
On November 25, 2014, Italy presented to the UN Secretary General the declaration of acceptance of the compulsory jurisdiction of the International Court of Justice, provided for in art. 36 of the Statute of the same Court.
To better understand the functions of this organ, it is necessary to distinguish between two different functions.
- The judicial function in litigation of interpretation and application of international law. Regarding this function, article 36 of the Statute establishes that: "The jurisdiction of the Court extends to all disputes submitted by the parties and to all cases expressly provided for by the United Nations Statute or by current treaties and conventions".
- The advisory function that its main task represents, which is the resolution of disputes between States and the issuance of judgments, through the so-called "Advisory Opinion", on relevant issues of international law.
Among the most recent and significant decisions of the Court is the Jadhaw (India v. Pakistan) case in which it accepted India's request for interim measures, blocking the execution of the death penalty against an Indian citizen in Pakistan. This citizen had been sentenced to death but, once arrested, was unable to use the right to notify his consul, and India complained that Pakistan had violated the Vienna Convention on Consular Relations.
Now, it is useful to clarify how the International Court of Justice differs from other similarly located courts in the Dutch city of The Hague. These Tribunals are the International Criminal Tribunal for the former Yugoslavia, created by the Security Council to prosecute crimes committed in the former Yugoslavia and, above all, the International Criminal Court.
The fundamental difference between these three judicial bodies lies in the fact that, while the International Court of Justice resolves disputes between states, the other two Tribunals have the task of trying excluded persons on charges related to the commission of international crimes ( e.g. genocide, war crimes and crimes against humanity)
In the case of World Court of JusticeTherefore, individual responsibility is not mentioned.
As well, our Italian and international criminal law firm It has its roots in Italy but also throughout the national and international territory.
ILA, on the other hand, constantly updates our international criminal lawyers, which allows us to provide clients with adequate answers to any problem related to the legal sector, also with specific reference to international law!