The International Court of Justice with Italy - International Lawyers Associates

The International Court of Justice

We cover all the needs of the detainee, his family and loved ones.

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.

In this context, relying on a Italian and international criminal lawyer from ILA it can be, without a doubt, the best option.

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!

If you, a family member or acquaintance are being held for a crime, we can help you.

How does the International Court of Justice work?

To understand how the ICJ works, it is essential to refer to its most important instrument, namely the Statute. The latter is an integral part of the Charter of the United Nations and consists of 70 articles, divided into 5 "chapters".

On the basis of the powers conferred on it by the Charter of the United Nations, the International Court of Justice has drawn up the Rules of the Court, with the aim of integrating and clarifying the functioning of the organ. Obviously, over the years, to speed up some procedures, the Rules of the Court have been subject to modifications.

The World Court of Justice is made up of 15 judges, who have a renewable mandate of 9 years and are elected at the same time, in separate seats, by the General Assembly and the Security Council; Among the 15 judges there are always 5 of the Permanent Member States of the Security Council (although this is not explicitly stated anywhere).

In general, the members of the Court must not represent their country of origin during their tenure in the body, but must act with extreme independence. However, when the Court has to resolve a dispute between States and the parties to the dispute do not have a judge of their nationality, the States concerned have the right to appoint an ad hoc judge.

Therefore, the origin of the judges is usually stable: 3 judges from Africa, 2 from Latin America, 3 from Asia, 5 from Western Europe and the "other Western States" (Canada, the United States, Australia and New Zealand) and 2 from Eastern Europe (including Russia).

The judges appoint a president (currently held by Abdul Qawi Ahmad Yusuf) who is the only one who must permanently reside in The Hague.

The technical procedure followed by the Court in litigation is defined by its Statute (the most recent version of which is from December 2000)

The process comprises a written phase, in which the parties pose their questions and exchange extras (response extras), and an oral phase, which takes place in public hearings in which agents and legal advisers address the Court. Since the Court uses two official languages, which are English and French, everything that is written or said in one language is translated.

The latter is one of the many reasons why International Lawyers Associates can be helpful. The Criminal Lawyer Alexandro Maria Tirelli, coordinator of International Lawyers AssociatesIn addition to being known in the light of a long career marked by great successes in the international professional field, he is based on direct knowledge of Spanish, Portuguese, French, English and Italian.

Such a demanding subject, which is linked to international issues, requires experience and seriousness: it is better to have real professionals.

At the end of the oral phase, the Court retires to the council room to deliberate on the device, which once read in a public hearing is final and without recourse. If one of the interested parties does not comply with the decision, the other can appeal to the UN Security Council.

Only states can be parties to a court case. A necessary condition for the exercise of the contentious function is that there is a controversy and that the parties have accepted the jurisdiction of the World Court to resolve it.

Judgments of the International Court of Justice from 1946 to the present

Since 1946, the Court has issued 90 judgments on issues related to: land and sea borders between states, territorial sovereignty, non-use of force, non-interference in the internal affairs of states, diplomatic relations, hostage-taking, right of asylum, nationality, the protection of absolute rights, the right of way and others of an economic nature.
As is well known, it decides in accordance with current conventions, international customs, general principles of international law, and all other appropriate sources.

Since its inception, the IGC, with 25 advisory opinions, has expressed itself on various issues: the legal consequences of the construction of the wall in a part of the occupied Palestinian territories, the admission of a state as a member of the UN, compensation for the damage suffered in the UN service, the territorial status of South West Africa and Western Sahara, judgments handed down by international administrative tribunals, costs of certain UN operations, reports on the condition of human rights, legality the threat or use of nuclear weapons.

In this context, The Italian and International Criminal Law Study ILA can carry out, through its serious and valid professionals who deal specifically with national and international law, a fundamental function of support and advice for any type of controversy.

Assistance to the detainee at the police station

We maintain contact between the affected person and their relatives and loved ones

Before an arrest, the highest priority is to receive specialized legal assistance as soon as possible and to maintain contact with the outside.

 If you or a loved one has been arrested, we can help you.

Assistance at the police station

Assistance to the detainee in the same police units within 12 hours to cover all the needs of the affected person and his family.

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We offer information, assistance and advice to the detainee and his family for the duration of the entire process.

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