The International Court of Justice and Its Role in the Peaceful Settlement of Disputes in the 21st Century: From Quick Wins to Tectonic Shifts

Abstract

The International Court of Justice (ICJ) is both the principal judicial organ and one of the United Nation’s six main organs. It remains the ‘court of reference’ for identifying customary rules of international law and states continue to refer their maritime and territorial disputes to it for peaceful resolution. The ICJ’s consent-based jurisdiction has traditionally prevented it from making orders or issuing judgements in relation to many international crises, including the situation in Yemen, the genocide committed by ISIS and the ongoing civil war in Syria. However, major crises are now before the Court: the Russian invasion, the situation in Palestine and the existential threat of climate change. This chapter considers what aspects of the ICJ could be strengthened to make the ICJ an international court able to meet the demands of the 21st century. It covers both quick wins from updates to procedure to seismic shifts towards the ICJ being closer to a court of mandatory jurisdiction.