The International Court of Justice and Islamic Law States

Abstract

This chapter analyzes the International Court of Justice (ICJ), the principal judicial organ of the United Nations (UN) that adjudicates interstate disputes and issues advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies. The Court—already constrained by its specific jurisdictional design and choice of forum options—faces additional hurdles in building up its authority concerning Islamic law states (ILS). The chapter then identifies why and when ILS are willing to accept ICJ authority. This question is considered in the context of two substantive areas of the ICJ’s jurisdiction: territorial sovereignty and diplomatic immunity. In territorial sovereignty cases, despite partial conflict between Islamic law’s edicts regarding territorial ownership and international law, ILS sometimes use the ICJ and respect its rulings. In diplomatic immunity cases, despite the consistency between Islamic and international law regulating diplomatic protection, ILS are not particularly willing to accept ICJ authority.