دور محكمة العدل الدولية في تسوية النزعات الدولية

Abstract

The idea of promoting international peace and stability has justified the need for the presence of a judicial body that settles disputes between countries by peaceful means, devoted to the principle of the sovereign of law in international relations. This idea had gradually crystallized until it arrived at its final form in 1945 by founding the international court of justice as a judicial body that has judicial consultative powers along with six other bodies associated with the United Nations (general assembly, Security Council, trusteesheep council, secretariat). However, it was not an easy matter to guarantee the acceptance of the countries to be under the sovereign/ the jurisdiction of the court because of the raising votes against any conduct that would result in the loss of some of the country’s sovereignty by giving the power of settling disputes to a judicial body different from its national judicial system. Nevertheless, the seriousness of the court has proven over time its effectiveness in resolving international disputes. Consequently, the vast majority of the Members of the United Nations have trusted it and the number of the Court’s members has increased from 55 to about 191 countries. The International Court of Justice has been considered as a developed and effective judicial body that was established under the agreement of the United Nations on June 26th, 1945. It has become the principle judicial body of the Organization that aims at settling international disputes by peaceful means in accordance with the principles of justice and international law. It also aims at ensuring advisory opinions on legal issues submitted to it by the specialised and authorized bodies and agencies of the United Nations. Perhaps the strong recognition of the existance of a judicial body as the International Court of Justice has resulted from the conviction of the majority of the parties of the international community. This conviction is due to the crucial roles that were and are still played by such judicial body in the settlement of many disputes; the most prominent of which is the settlement of the current international long lasting dispute between the two neighbours Quatar and Bahrain. At that time the appropriate methods for the resolution were absent as the League of Arab States and the Gulf Cooperative Council. Another important role of the court is the consultative opinion and the conviction of the Israeli Racist Separation Wall that goes against the principles of the international legality without forgetting its role in the embodiment and the development of principles of the international law. Inspite of the positive role played by the International Court of justice in the performance of its tasks, it still suffers from a lot of crises which prevented the accomplishment of some of its goals. Therefore, more work is required in order to activate the role of the court ; especially expanding its authority so that it can intervene in the settelment of many international disputes that has exacerbated in several places all over the world because of the complexity of the international relations and the multiplicity of its fields.