The “Symbiotic” Relationship

International Court of Justice (ICJ) & the United Nations Security Council

(UNSC)

UN Security Council

○ One of the six principal organs of the United Nations.

○ The purpose is to settle dispute by peaceful means but...

■ Authorize use of force if appropriate (PKO)

■ Sanctions

○ BINDING POWER

International Court of Justice○ Also one of the six principal

organs

■ Judicial branch

■ (ICC & ICJ)

○ Settle legal disputes in accordance with international law

○ Jurisdiction: all UN members

Jurisdictional &

Executive

Basic Ideas of UNSC and ICJ ?

How the Two Organs Coexist / Cooperate

Article 94 1.

“Each Member of the United Nations undertakes to comply with the decision of the International Court of Justice in any case to which it is a party.”

Article 96 1.

“The General Assembly or the Security Council may request the International Court of Justice to give an advisory opinion on any legal question.”

In accordance with Article 94 of the Charter, the Council may make recommendations of measures rendered by the judgement of the Court.

○ An advisory opinion on any legal question pursuant to Article 96.

○ “The promotion and strengthening of the rule of law in the maintenance of international peace and security,” (statement)

○ Land, Island and Maritime Disputes

THE CONFLICT: ICJ vs UNSC21 December, 1988Bombing of Pan Am flight 103: 259 passengers killed + 11 casualties (crash).

Two Libyans responsible. UK and US demanded their surrender. Libyan government rejected.

31 March, 1992UN Security Council:

SANCTION on Libya * Lifted in 1993.

Libya, “violation of rights under 1971 Montreal Convention.”

27 February, 1998The Court:rejected objections by US and UK. Favored Libya and its jurisdiction to entertain the case

The Lockerbie Case

(CONT.) International Court of Justice- ICJ“Judicial Review”

- whether the court may examine validity of UNSC resolutions

Rule of Law- important

foundation both to UN Charter and the Statute

(CONT.) The United Nations Security Council- UNSC

Binding Power

Use of Force- Peacekeeping

Operation- Sanctions (Trade/Travel

Ban/Arms

Embargoes/Financial Restrictions)

Veto Authority

Food for Thought = DiscussionOnly the Security Council has the absolute binding power. What is your opinion on granting ICJ the intervening power to “review“ UNSC resolutions for the sake of validation? Or is the system better without it as is now?

How else can the two principal organs be compromised to achieve better peace and security in cooperation? Any ideas would be appreciated.