The International Court of Justice is the primary organ of the United Nations for the settlement of disputes. Since its founding in 1946, states have submitted over 72 cases to it and 22 advisory opinions have been requested by international organizations. The cases submitted cover a wide range of topics.
Some cases have involved questions of territorial rights. In 1953, in a case between France and the United Kingdom, the Court found that certain Channel islands were under British sovereignty. In 1959, the Court upheld the claims of Belgium to an enclave situated near its frontier with the Netherlands. In 1960, the Court found that India had not acted contrary to the obligations imposed on it by the existence of Portugal's right of passage between enclaves. In 1986, the Court delimited part of the frontier between Burkina Faso and Mali. In 1990, a territorial dispute was jointly referred to the Court by Libya and Chad.
Other cases have involved the law of the sea. In 1949, the Court found Albania responsible for damage caused by mines in its territorial waters to British warships exercising the right of innocent passage. In a fisheries dispute between the United Kingdom and Norway, the Court held in 1951 that the method employed by Norway in delimiting its territorial waters was not contrary to international law. In 1969, in a case between Denmark, the Netherlands and the Federal Republic of Germany, the Court indicated the principles and rules of international law applicable to the delimitation of the areas of the North Sea continental shelf appertaining to each of them. In 1974, the Court found that Iceland was not entitled unilaterally to exclude the fishing vessels of the United Kingdom and the Federal Republic of Germany from areas between fishery limits agreed in 1961 and the 50-mile limit proclaimed by Iceland in 1972.
In 1982, at the request of Tunisia and Libya, and in 1985, in a case referred to it by Libya and Malta, the Court indicated the principles and rules of international law applicable to the delimitation of the areas of the Mediterranean continental shelf appertaining to each of them, respectively. In 1984, the Court determined the course of the maritime boundary dividing the continental shelf and fisheries zones of Canada and the United States in the Gulf of Maine area. In 1992, a chamber of the Court gave its decision in a dispute between El Salvador and Honduras involving questions of both land and maritime frontier delimitation. In 1993, it determined the course of the maritime boundary in the area between Greenland and the Island of Jan Mayen dividing the continental shelf and fisheries zones of Denmark and Norway. One more case, between Guinea-Bissau and Senegal, is pending on the subject of maritime boundaries. In 1995, Spain brought a case against Canada concerning the Canadian Coastal Fisheries Protection Act and its application.
Other cases have involved questions of diplomatic protection in such matters as rights of asylum in Latin America (Colombia v. Peru, 1950) and the rights of United States nationals in Morocco (France v. United States, 1951) and a question of nationals (Liechtenstein v. Guatemala, 1955). In 1970, the Court held that Belgium had no legal capacity to protect the interests of Belgian shareholders in a Canadian company which had been the subject of certain measures in Spain. In 1989, a chamber of the Court rejected a claim for compensation put forward by the United States against Italy in respect of the requisition of a company in Sicily owned by United States corporations.
In cases concerning the discharge of duties of the Mandatory Power for the Territory of South West Africa (Namibia), the Court found in 1966 that Ethiopia and Liberia had not established any legal interests in the claim they had brought against South Africa. Four of the advisory opinions given by the Court have also concerned Namibia. Three of these were requested by the General Assembly. In the first (1950), the Court expressed the opinion that South Africa continued to have international obligations under the mandate despite the dissolution of the League of Nations. The fourth opinion, requested by the Security Council, was given in 1971 when the Court stated that the continued presence of South Africa in Namibia was illegal and that South Africa was under obligation to withdraw its administration and put an end to its occupation of the territory. Another contentious case, withdrawn in 1993 following an agreement between the parties (Nauru and Australia), concerned a Territory once under mandate-the island of Nauru. In 1991, Portugal, the former colonial power in East Timor, instituted proceedings against Australia in a dispute concerning "certain activities of Australia with respect to East Timor."
Certain advisory opinions requested by the General Assembly have concerned relations between the United Nations and its members. One was given in 1949 on a question put after the assassination of the United Nations mediator in Palestine; the Court found that the United Nations had the capacity to maintain a claim against a state for injuries to an agent of the Organization. In 1988, the Court expressed the opinion that, by virtue of the United Nations Headquarters Agreement, the United States was under obligation to submit to arbitration a dispute with the United Nations concerning an order to close the office of the Palestine Liberation Organization observer mission in New York. Another advisory case concerned the refusal of certain states to contribute to the expenses of peacekeeping operations in the Middle East and the Congo. The Court held in 1962 that the expenses in question should be borne by all member states in accordance with the Charter. The last advisory opinion, rendered by the Court in 1989, concerned a request submitted by the Economic and Social Council on the applicability to a former rapporteur of a subcommission of certain provisions of the Convention on the Privileges and Immunities of the United Nations.
Five advisory opinions have reviewed aspects of judgments of the Administrative Tribunals of the United Nations or the International Labor Organization. Two requests for an advisory opinion are at present pending: one, made by the World Health Organization, concerns the legality of the use by a state of nuclear weapons in armed conflict; and one, made by the General Assembly, concerns the legality of the threat or use of nuclear weapons.
Some recent cases have been referred to the Court against the background of political upheaval or regional conflicts. In 1980, in a case brought by the United States concerning the seizure of its embassy in Teheran and the detention of its diplomatic and consular staff, the Court held that Iran must release the hostages, hand back the embassy and make reparation. However, before the Court could fix the amount of reparation, the case was withdrawn following agreement reached between the two states. In 1989, Iran asked the Court to condemn the shooting down of an Iranian airliner by the USS Vincennes and to find the United States responsible to pay Iran compensation. The case is still pending.
In 1984, Nicaragua alleged that the United States was using military force against it and intervening in its internal affairs. The United States denied that the Court had jurisdiction. However, after written and oral proceedings, the Court found that it had jurisdiction and that Nicaragua's application was admissible. The United States refused to recognize either this ruling or the subsequent 1986 judgment in which the Court determined that the United States had acted in breach of its obligations towards Nicaragua, must desist from the actions in question and should make reparation. The request by Nicaragua that the Court determine the form and amount of reparation was withdrawn in 1991.
In 1992, Libya brought a case against the United Kingdom and the United States concerning the interpretation or application of the 1971 Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, arising out of the crash of Pan American flight 103 at Lockerbie, Scotland, on December 21, 1988.
In 1993, Bosnia and Herzegovina brought a case against Yugoslavia (Serbia and Montenegro) concerning the application of the Convention on the Prevention and Punishment of the Crime of Genocide. In April and in September 1993, the Court, in orders issued on requests for provisional measures of protection, called upon the parties to prevent further commission of the crime of genocide and further aggravation or extension of the dispute.
Source: Basic Facts About the United Nations. Published by United Nations Department of Public Information. Copyright 1995 United Nations.
