INTERNATIONAL COURT OF JUSTICE AND
ITS ROLE IN RESOLVING CONFLICTS IN SOUTH ASIA
BY: BASEERAT SULTANA*
INTRODUCTION
The International Court of Justice (I.C.J) is the Supreme Court of International Law. Its statute is a part of the UN charter. The statute of the international court states that it may accept compulsory jurisdiction in all legal dispute. I.C.J’s role in resolving conflicts in all over the world is considered as a builder of peace. In the South Asian conflicts I.C.J played a strong but limited role. Now there is hope that the world court will play a larger role adjudicating issues and reinforcing moves towards peace in all over the world.
INTERNATIONAL COURT OF JUSTICE
International Court of Justice is the principle judicial organ of the United Nations. It inherited the records and the precedents of the Permanent Court of International Justice (PCIJ), which functioned under the League of Nations. The court is open to the parties to its statute, which automatically includes all members of the United Nations. Both the General Assembly and Security Council can ask the court for an advisory opinion on any legal question. The Court consists of 15 Judges elected by the General Assembly and the Security Council voting independently. The seat of the court is at The Hague. In 2006 I.C.J celebrates its 60th year. Since the inauguration of the I.C.J (1946), 94 judgments have been made by that court.
ROLE OF I.C.J IN RESOLVING CONFLICTS IN SOUTH ASIA
The role of I.C.J in South Asian resolving conflicts can be understand and examine by following conflicts:
1: RIGHT OF PASSAGE OVER INDIAN TERRITORY (PORTUGAL VS INDIA, 1955-60) Portugal claimed that there existed a right of passage over Indian territory as between the Portuguese enclaves and this was upheld by the I.C.J over Indian’s objections that no local custom could be established between only two states. The court declared that it was satisfied that there had in the past existed a constant and uniform practice allowing free passage and that the practice was accepted as law by the Parties and has given rise to a right and a correlative obligation.
2: APPEAL RELATING TO THE JURISDICTION OF THE I.C.A.O COUNCIL (INDIA VS PAKISTAN, 1971-72)
The dispute between India and Pakistan arising out of the former’s refusal to allow over flights by Pakistan civil aircraft. Both states were parties to the Chicago convention and to the Transit agreement of 1944 which established the principle of freedom of over flight between contracting states .In the aftermath of the hijacking and diversion to Pakistan of an Indian aircraft on 4th February 1971 India announced the suspension of over flights by Pakistani aircraft. Pakistan referred the matter to the I.C.A.O Council. The application was made to the I.C.J by India which alleged that the I.C.A.O council had no competence because the two conventions upon which that competence was based were inoperative between India and Pakistan. When the council rejected India’s objections to its entertaining the complaint India sought a declaration from the I.C.J that the council decision was wrong. In making this application India relied upon the jurisdictional clauses contained in the Chicago Convention and the Transit Agreement, the very treaties India claimed were no longer operative. It was argued on behalf of Pakistan that by invoking terms of the two treaties. India had in effect admitted that the treaties remained in force. The court though without any real explanation of the logic of its view, rejected this contention as ‘unacceptable’.3: ATLANTIQUE INCIDENT (PAKISTAN VS INDIA, 1999)
This incident was a major event in which Pakistan flight Atlantic-91 was shot down by Indian air force citing violation airspace. The episode took place in the Rann of Kutch on August 10, 1999. On September 21, 1999 Pakistan made a compensation claim to the I.C.J against India. Pakistan sought about $ 60 million in reparation from India and compensation for the victim’s families. According to India’s submission that the court had no jurisdiction in this matter Pakistan’s claims were dropped.
In 22nd June 2000 another case of South Asia was about trial of Pakistan prisoners of war between India and Pakistan in 1973. All of these cases mention the importance of I.C.J
CONCLUSION
Regarding the future role of the court we have seen that the U.N has grow in its size and scope so too has the court. We should still accept it to continue to demonstrate some measured creativity in the external service of the ideals of International Peace and Justice.BIBLOGRAPHY
| BOOK NAME | AUTHOR NAME | PUBLISHER | EDITION | |
| 1 | International Law | D.W.Greig | London Butterworth | 1976 |
| 2 | Introduction to International Law | J.G.Starke | London Butterworth | 1984 |
| 3 | Basic Facts About The United Nations | Dept Of Public Information | U.N.Publication | 1989 |
| 4 | The Evolution of The United Nations | Amous Yoder | Sterling Publishers Private Limited | 1989 |
| 5 | The United Nations Structures and Functions of an International Organization | Rumki Basu | A Grotius Publication Cambridge University Press | 1996 |
| 6 | International Law | Malclom N. Shaw | 1997 |
* Student, M.A (Previous), First Semester, 2007, Department of International Relations, University of Karachi
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