There has been numerous statements from some individuals that Kuwait was going to the World Court regarding the unresolved issues with Iraq. In researching the functions of the World Court, it is very unlikely that such action will occur. The following is why.
1) The World Court is the United Nations.
The International Court of Justice, commonly referred to as the World Court or ICJ is the primary judicial organ of the United Nations.
Its main functions are to settle legal disputes submitted to it by states and to give advisory opinions on legal questions submitted to it by duly authorized international organs, agencies, and the UN General Assembly.
2) Compliance with the Court’s decision is voluntary. The World Court has no enforcement authority.
By signing the Charter, a State Member of the United Nations undertakes to comply with any decision of the Court in a case to which it is a party. A State which contends that the other side has failed to perform the obligations incumbent upon it under a judgment rendered by the Court may lay the matter before the Security Council, which is empowered to recommend or decide upon the measures to be taken to give effect to the judgment.
Chapter XIV of the United Nations Charter authorizes the UN Security Council to enforce World Court rulings, but such enforcement is subject to the veto power of the five permanent members of the Council.
Article 94 establishes the duty of all UN members to comply with decisions of the Court involving them. If parties do not comply, the issue may be taken before the Security Council for enforcement action. If the Security Council refuses to enforce a judgment against any other state, there is no method of forcing the state to comply.
3) Intervention by the World Court would be a conflict of interest with the Chapter VII functions of the Security Council.
The relationship between the ICJ and the Security Council, and the separation of their powers, was considered by the Court in 1992 in the Pan Am case. The problem was that these sanctions had been authorized by the Security Council, which resulted with a potential conflict between the Chapter VII functions of the Security Council and the judicial function of the Court. The Court decided, by eleven votes to five, that it could not order the requested provisional measures because the rights claimed by Libya could not be regarded as appropriate since the action was ordered by the Security Council. In accordance with Article 103 of the UN Charter, obligations under the Charter took precedence over other treaty obligations.
There was a marked reluctance on the part of a majority of the Court to become involved in a dispute in such a way as to bring it potentially into conflict with the Council. Where there is room for conflict, the balance appears to be in favor of the Security Council.
4) The Security Council established the sanctions that involve the issues of Kuwait compensation, missing persons, national archives and boundary lines. These issues are already under the control of the Security Council.
1) The World Court is the United Nations.
The International Court of Justice, commonly referred to as the World Court or ICJ is the primary judicial organ of the United Nations.
Its main functions are to settle legal disputes submitted to it by states and to give advisory opinions on legal questions submitted to it by duly authorized international organs, agencies, and the UN General Assembly.
2) Compliance with the Court’s decision is voluntary. The World Court has no enforcement authority.
By signing the Charter, a State Member of the United Nations undertakes to comply with any decision of the Court in a case to which it is a party. A State which contends that the other side has failed to perform the obligations incumbent upon it under a judgment rendered by the Court may lay the matter before the Security Council, which is empowered to recommend or decide upon the measures to be taken to give effect to the judgment.
Chapter XIV of the United Nations Charter authorizes the UN Security Council to enforce World Court rulings, but such enforcement is subject to the veto power of the five permanent members of the Council.
Article 94 establishes the duty of all UN members to comply with decisions of the Court involving them. If parties do not comply, the issue may be taken before the Security Council for enforcement action. If the Security Council refuses to enforce a judgment against any other state, there is no method of forcing the state to comply.
3) Intervention by the World Court would be a conflict of interest with the Chapter VII functions of the Security Council.
The relationship between the ICJ and the Security Council, and the separation of their powers, was considered by the Court in 1992 in the Pan Am case. The problem was that these sanctions had been authorized by the Security Council, which resulted with a potential conflict between the Chapter VII functions of the Security Council and the judicial function of the Court. The Court decided, by eleven votes to five, that it could not order the requested provisional measures because the rights claimed by Libya could not be regarded as appropriate since the action was ordered by the Security Council. In accordance with Article 103 of the UN Charter, obligations under the Charter took precedence over other treaty obligations.
There was a marked reluctance on the part of a majority of the Court to become involved in a dispute in such a way as to bring it potentially into conflict with the Council. Where there is room for conflict, the balance appears to be in favor of the Security Council.
4) The Security Council established the sanctions that involve the issues of Kuwait compensation, missing persons, national archives and boundary lines. These issues are already under the control of the Security Council.