The role of the international court of justice in actualising global peace

Abstract

The failure of the League of Nations to prevent the Second World War necessitated the creation of the United Nations, in an attempt to prevent a reoccurrence of the kind of carnage that manifested during the war. The International Court of Justice and other institutions were, thus, created under the United Nations Charter to guarantee world peace. The International Court of Justice was created as the judicial arm of the United Nations to replace the Permanent Court of International Justice operating under the defunct League of Nations. Members of the United Nations are, by the United Nations Charter, automatic signatories to the International Court of Justice Statute. The Court serves as avenue for States to ventilate their grievances in the event of any dispute arising between them. However, the Court is limited in its exercise of adjudicatory powers over matters between States, unless they submit themselves to the jurisdiction of the Court. Also, the political power tussle between permanent members of the Security Council has, on several instances, undermined the efforts of the International Court of Justice to ensure peaceful resolution of conflicts between States. This paper contends that unless these issues are effectively resolved, the role of the International Court of Justice in ensuring global peace may become elusive. Also, the politicisation of international law by States would suggest that other pacific measures of settling international dispute, such as: mediation, conciliation and arbitration, should be given more consideration, as a sole resort to litigation could overwhelm the International Court of Justice.