Critical Evaluation Of Judicial Independence Question In The International Court Of Justice

Abstract

In view of developments in world politics in recent years, such as an upsurge in nationalism, doubts about multilateralism, the Covid pandemic and the Russia-Ukraine war, an inquiry concerning the peaceful resolution of international disputes is in order. How capable are international dispute resolution mechanisms of satisfying demands and preserving their reputations at such a critical time? The fundamentally political entities involved are likely to remain very disparate, a fact that can only worsen their widely acknowledged poor image in this respect without instituting any remedial measures. As a judicial body, however, the ICJ would hardly be allowed such latitude. Concerns about the impartiality of ICJ judges have already been expressed on the grounds of their perceived allegiance to their home countries, an issue that the existing political zeitgeist only makes more controversial. No solutions are readily available to alleviate all concerns. The current article takes several normative assessments into consideration, arguing that these can devalue the authority of the ICJ’s judgments. It then provides insight into how to recognise and deal with the persistent problem of judicial independence within the ICJ.