The Pursuit of International Peace and Security: An Assessment of the Role of the International Court of Justice
Authors Damfebo Kieriseiye Derri, Perekedou James Fawei
Affiliations: ACI Arb and Senior Lecturer, Faculty of Law, Niger Delta University, Nigeria; PNM, ACI Arb, Private Legal Practitioner and Member, Nigerian Bar Association
Source: Africa Nazarene University Law Journal, 2015, Issue 2, p. 53 – 71
The International Court of Justice (ICJ) was established as an organ of the United Nations to promote international peace and security through the pacific settlement of disputes, among other judicial functions. However, there is a problem of effective discharge of judicial functions by the ICJ with regard to the achievement of the objective of promoting international peace and security. This article examines the problems that have arisen in that context, and makes appropriate recommendations. In doing this, the article takes into consideration the constitutive instruments, the foundational philosophies of the ICJ and scholarly opinions. The article postulates the view that in line with the Statute establishing the ICJ, the Court is not only an organ of the United Nations (UN), with the role of merely exercising judicial functions, but has the responsibility, theoretically and philosophically, to give life to the purpose clause of the United Nations Charter. Article 1 of the United Nations Charter affirms the major purpose of the UN as being the maintenance of international peace and security, in addition to other incidental commitments, such as developing friendly relations among states, and promoting international cooperation in the resolution of various international problems.