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International Court Offers Alternative to Conflict

By George Simpson

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General Assembly President Haya Rashed Al Khalifa (left) meets with Rosalyn Higgins, President of the International Court of Justice, at UN Headquarters in New York. UN Photo/Paulo Filgueiras

Addressing the General Assembly, Judge Rosalyn Higgins, president of the International Court of Justice, called for more UN support for the ICJ, especially in terms of budget and staffing, in light of the court's increasing prominence. Noting its 60th anniversary, Higgins presented to the General Assembly a report on the court's activities for the period from 1 August 2005 to 31 July 2006. Reviewing cases both pending and under deliberation, she also highlighted the current needs and goals of the world court, and asserted its potential scope.

The ICJ, which is seated at the Hague in the Netherlands, was established in 1946 to replace the existing Permanent Court of International Justice. Its 15-member body, elected by the General Assembly, solves disputes between member states, and gives advisory opinions on legal questions when requested. To date, 192 states are party to the Statute of the court, and 67 have accepted its compulsory jurisdiction.

During the period covered by this year's report, there have been 13 cases before the world court, involving a fully representative range of member states. Democratic Republic of the Congo v. Uganda and Bosnia and Herzegovina v. Serbia and Montenegro have been, according to Higgins, exceedingly complex, involving questions of human rights. Environmental concerns were also on the table in the case Argentina v. Uruguay, which concerns pulp mills on a river shared by both nations.

Representatives from member states, including Finland, New Zealand, Egypt, Japan and Sudan, addressed the Assembly afterwards to express their support and give their advice for the court. The representative of Finland, who is also the current EU president, noted that the ICJ is the "only truly universal court." Other member states echoed her assertion and said the court was an increasingly prominent alternative to international violence.

Higgins described the period covered by the report as a "year of Africa," with most disputes arising from the African continent. Next year's schedule, which includes several important Latin American cases, will be fuller and more complex than in previous years. Issues of trade, human rights, and the environment are frequently brought before the court. Especially notable is that the latter has become a cornerstone of international legal issues.

Though there has been an increase in the number and activity of international courts in recent years, according to Higgins, this has not led to "fragmentation" or to a "lack of consistency in the enunciation of legal norms." The ICJ maintains overall authority in international law, and sets the standards for international conflict disputes worldwide.

For more information on the 61st Session of the General Assembly:

http://www.un.org/ga/61/

 
 
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