Q. Consider the following statements regarding the “International Court of Justice (ICJ)”:
1. The ICJ was established in 1945 by the same constitutive instrument as the Security Council, the UN Charter, to act as the principal judicial organ of the UN.
2. Judgments given in contentious cases between states are binding on the parties.
Which of the statements above given is/are correct?

[A] 1 only

[B] 2 only

[C] Both 1 and 2

[D] Neither 1 nor 2

Answer: C
Notes:

The UN Charter envisioned a symbiotic relationship between the Security Council and the International Court of Justice (ICJ), the principal judicial organ of the UN.  

  • However, the Council has scarcely made use of the ICJ as an instrument, or “tool”, in the exercise of its responsibility for the maintenance of international peace and security.  
  • In its latest research report on the rule of law of 20 December 2016, Security Council Report examines the relationship between the Security Council and the ICJ, including options for enhancing that relationship to assist the Council in its work. 
  • The ICJ was established in 1945 by the same constitutive instrument as the Security Council, the UN Charter, to act as the principal judicial organ of the UN.  
  • The Statute of the Court is annexed to the Charter itself, meaning that all UN member states are automatically parties to the Statute.  
  • The ICJ is mandated to settle contentious legal disputes submitted by states against other states in accordance with international law.  
  • Judgments given in contentious cases between states are binding on the parties.  
  • The Court also gives advisory opinions to the Council, the General Assembly and other authorized bodies on legal questions referred to it by these entities. 

Source: ICJ