ICJ: International Court of Justice

About the committee

The International Court of Justice is the primary judicial organ of the United Nations. The court was established by the UN Charter as a successor to the Permanent Court of International Justice. In addition to settling legal disputes between states, the court also gives advisory opinions on legal questions submitted to it by authorised international agencies and bodies, as well as the General Assembly. The Security Council is authorised to enforce the court’s rulings, although this is subject to the veto power of the five permanent members.

Topics

Topic A: Advisory opinion - State responsibility for genocide

Since the Nuremburg trials, genocide has been considered a crime under international law. States that have been found to have had direct involvement in such acts have been liable and had their international responsibilities engaged under the Convention on the Prevention and Punishment of the Crime of Genocide. The legal culpability of states becomes more problematic, however, where acts constituting genocide are committed by agents, associations or individuals considered to be independent of the state itself. This has become particularly pertinent with the rise and increasing influential role played by non-state actors such as terrorist organisations, multinational corporations and militias in “failed states” where the governments exercise little control. Recent cases regarding Bosnia and Sudan highlight these issues, bringing to light questions both as to the positive obligation of states to prevent the commission of genocide by nationals acting independently, and the most appropriate place to ascertain the intent required to classify such an act itself.

Topic B: Contentious case - Western Sahara, 1974

In 1975, the International Court of Justice handed down an advisory opinion to questions requested by the UN General Assembly as to the status of Western Sahara at the time of colonisation, and the legal ties between the territory, the Kingdom of Morocco and the Mauritanian entity. At AMUNC 2010, the court will revisit the issue of Western Sahara. However, this time in the form of a contentious case, producing a binding ruling, obliging the particular actions of interested state parties.