INTERNATIONAL COURT OF JUSTICE (ICJ)

While the United Nations was searching for means on how to solve commotions and controversies between countries in a non-violent way, in order to achieve peace, a judicial organ was created for such. The International Court of Justice (ICJ) is the leading judicial organ of the United Nations and, according to article 1 of the Statute of the Court , was created to peacefully decide disputes between Member States in consonance with international law. The ICJ was constituted in 1945 and began its activities in 1946, as a replacement of the Permanent Court of International Justice (PCIJ) and its role is

“(…) to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies.”

The Court’s composition is of 15 judges who are elected by the United Nations Security Council and the General Assembly for the period of nine years, renewable for just one time. The students will represent these judges, and, it is very important to state that each judge is independent, in other words, has no political ties or implications to its country of origin. The judges deliberate according to international law and not the law of any specific country.

The case that the ICJ will debate this year is the one known as “The Rainbow Warrior” (New Zealand X France). The dispute between New Zealand and France began around the time when France was conducting nuclear tests on the islands of French Polynesia that affected both, the environment and population living nearby. The main event was the sinking of the Greenpeace’s ship, called Rainbow Warrior and it happened because, supposedly, some French agents sabotaged the vessel which started to sink.

New Zealand was the one that proposed the case to be judged by ICJ. It had the intention of punish France for what it had done.

It is a discussion that involves the matter of Greenpeace, which was acting, at the time, on a very strong anti-nuclear campaign, and also France, which is one of the public nuclear power possessors countries, that was enhancing its national prestige through attempting to achieve positive nuclear outcomes during 20th century’s the arms race.

1 INTERNATIONAL COURT OF JUSTICE. Basic Documents. Statute of the Court. Available here

2 INTERNATIONAL COURT OF JUSTICE. The Court. Available here