The Judicial Function, the Security Function, and the Protection Function in the Evolving International Legal Order

Abstract

AbstractWhat issues have international, regional, and national courts dealt with as part of the judicial function up to now. How should they evolve in the light of existential challenges to the Earth and its inhabitants—particularly in so far as the ICJ is concerned? What, until now, has been the security function of organs such as the UN Security Council? Shouldn’t the ICJ, in particular, be expected, in the future, to perform an international security function in the face of grievous threats to the survival and welfare of humanity? Faced with glaring gaps in the protecting function in the United Nations, should the ICJ not be expected to play a role in determining and articulating the protection responsibilities of Governments in the face of existential threats to humanity and its habitat? These questions are addressed in this chapter.Keywordsexistential threatsjudicial functionlawfarelegalitysecurity functionprotection function