International Court of Justice
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Formation | 1945 |
Parent organization | UN |
Headquarters | The Hague, Netherlands |
Leader | International Court of Justice/President |
Type | • legal • international |
The international court charged with preventing war crimes which is constitutionally unable to carry out its mission as regards the permanent members of the UN security council (and their allies) which are also (more or less) the world's most active weapons producers and wagers of illegal war. |
Background
Established in 1945 by the UN/Charter, the Court began work in 1946 as the successor to the Permanent Court of International Justice.
Problems
In 1986, after the court ruled that the United States's covert war against Nicaragua violated international law, the US simply withdrew from compulsory jurisdiction. Although Chapter XIV of the UN Charter authorizes the Security Council to enforce court rulings, such enforcement is subject to the veto power of the five permanent members of the council, so the United States simply vetoed enforcement of the case, allowing it to avoid the effective sanction of the ICJ.
The court has ignored obvious evidence of illegality in connection with the 2003 Iraq War, notably when the Kuala Lumpur War Crimes Commission found Tony Blair and a bunch of US government officials guilty of war crimes.
Ruling on unilateral declaration of independence
In its Advisory Opinion of 22 July 2010, the ICJ concluded that the declaration of independence in respect of Kosovo in its precise historical circumstances "did not violate any applicable rule of international law".[1][2] The declaration of independence thus set a precedent that could apply to other separatist movements.[3]