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MUDITA BANSALAIR 44· 2024

GS2GS2

As the principal judicial organ of the United Nations, the International Court of Justice (ICJ) provides a judicial mechanism for the peaceful resolution of international disputes. In this context, throw light on the structure and mandate of ICJ. Also, highlight the challenges it faces in fulfilling its mandate.

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Main Body

Mandate of ICJ: (1) Promote implementation and enforcement of international law codes such as Geneva Convention (against humanitarian crimes) (2) Takes cognizance of any case reports by member of UNGA on government of a state (not private individuals) (3) Mandate is limited to crimes and not commercial activities such as contract breach (e.g. Indus Waters Treaty) (4) No suo-moto cognizance Challenges associated: (1) Lack of enforcement power in absence of a global police/international force (2) Limited fund availability to maintain own force (3) Lack of teeth for any judgment or verdict (as recent South Africa case against Israel)

4Overlapping jurisdiction against international criminal court (Rome Statute) (5) Lack of global acceptance of verdict in absence of a binding treaty (unless arbitration) Potential Solutions: (1) UNSC and UNGA to pass a reformative resolution promoting primary punitive powers (2) Collaboration with Interpol and State Governments to promote enforcement (3) Revocation of continued violation through sanctions (4) Independent funding to ensure independent ICJ is a central authority to maintain a just world order and needs strengthening
174 words1 paragraphs

Conclusion

ICJ is a central authority to maintain a just world order and needs strengthening

14 words

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Topper

MUDITA BANSAL

AIR 442024

Subject & Paper

GS2GS2

Topic

International Institutions, Agencies and Fora - Structure and Mandate

Important International Institutions

International Court of Justice

Writing Stats

188

Total words

1

Paragraphs

formal and structured

Tone