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Criticism of International Criminal Court

   

Added on  2023-01-19

9 Pages2609 Words88 Views
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Essay Topic: International Criminal Court receives criticism for not being able to fulfil
the mandates
Criticism of International Criminal Court_1

Table of Contents
Introduction................................................................................................................................3
Main Body..................................................................................................................................3
Conclusion..................................................................................................................................3
Reference....................................................................................................................................3
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Introduction
The International Court of Justice is also called the World Court which is essentially the
judicial body, predominantly functioning under the United Nations. The legal disputes of the
international domains are settled by the body. Thus it serves as the international sources of
law for the United Nations. As per the study of Zimmermann, 2019, it is the improved form
of the Permanent Court of Justice working under the League of Nations. It came into
existence in the year 1945, with its’ headquarters at The Hague, Netherlands. The
International Court of Justice is the panel of a total of General Assembly and the Security
Council for a time period of nine year (Thirlway, 2016).
The primary function of the organisation is the maintenance of the world peace by giving
justice in the matters of international relations and concerns. Thus promotion of world peace
and the establishment of the justice is one of the most important functions.
However, in the recent times, it has faced a certain number of criticisms with the regards to a
certain number of parameters, like the social constructs, integrity and others. Hence these are
the parameters those shall be analysed further in this essay.
Main Body
One of the major functions of the court is to maintain the disputes and correspondingly pass
the judgement with respect to the sovereignty of the states. As argued by Scharf in the year
2017, on the matters of the functions of the International Court of Justice, the primary
responsibility of the International Court of the Justice is the passing of the unbiased
judgement for all the countries, irrespective of the status. As mentioned under the Article 36
of the Court’s statute, the compulsory jurisdiction as promised by the court, consented by the
UN general assembly, by the year 2000 more than 60 countries was under the declaration of
the compulsory jurisdiction of the International Court of Justice. The declaration is generally
made unconditionally, considering the reciprocity, with respect to the other states.
There are primarily three ways in which the ICJ resolves the various disputes those are
associated with the various international happenings as per the study of Clapham, which was
conducted in the year 2015.. The disputes can be settled by the parties at the time of
convenience by either party during the proceedings, the state is able to discontinue the
proceedings and withdraw the system of the giving out of the judgements at any time
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