ICJ President addresses UN General Assembly

The United Nations makes an important contribution to the development of international law. One channel is through the UN’s International Law Commission (ILC) which comprises 34 experts (including Ian Brownlie, CBE, QC from the UK, who is currently the Chairman of the ILC). Another is through the convening of international conferences to carry forward issues of international law (e.g. UN convention on the Law of the Sea). In addition, the Sixth (Legal) Committee of the General Assembly meets each autumn to consider matters as diverse as the elaboration of a Comprehensive Terrorism Convention, the criminal accountability of UN personnel, and the rule of law at the national and international levels.

The International Court of Justice (ICJ) is the principal judicial organ of the UN. Its Statute is an integral part of the UN Charter.

In contentious cases it is the function of the ICJ to decide, in accordance with international law, disputes which are submitted to it by States. This jurisdiction includes cases that the parties agree to refer to it and other cases provided for in certain treaties. It also has compulsory jurisdiction where a State has declared, under Article 36 of the Statute, that it recognises the jurisdiction of the Court in legal disputes as compulsory in relation to other states accepting the same obligations.

The ICJ may also give advisory opinions on legal questions at the request of other organs of the UN and on legal questions from the UN’s specialised agencies. The Court consists of 15 members, including one judge from the UK (Judge Rosalyn Higgins DBE QC, who is currently the President of the Court). Members of the Court are elected for periods of nine years.

The UK is a strong supporter of the Court and, alone of the Permanent Members of the Security Council, accepts the Court’s compulsory jurisdiction.

The UK Government strongly supports the work of the International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR). In addition to our UN assessed contributions to the Tribunals, we have provided them with substantial voluntary assistance. We are also committed to the work of the Special Court for Sierra Leone and have provided it with substantial financial support. The UK was amongst the founding members of the International Criminal Court (ICC) and is alone amongst the Permanent Members of the Security Council in accepting the Court’s full jurisdiction.

The UK has taken a lead in highlighting the UN’s role in relation to Justice and the Rule of Law in post-conflict situations.  In 2005 the World Summit focused on the need for greater co-ordination of the UN’s activity and expertise in this area, and the UK has been and remains one of the strongest supporters of reform in this respect.