Context:
South Africa accused Israel of “genocidal acts” in Gaza for violating the Genocide Convention at the International Court of Justice (ICJ).
International Court of Justice (ICJ):
- Apex judicial organ of the United Nations (UN).
- One of the 6 principal organs of the UN.
- Established in June 1945 and began work in April 1946.
- Established by – Charter of the UN
- Headquarters – The Hague, Netherlands
- Precursor – Permanent Court of International Justice (PCIJ) [established by the League of Nations]
- Official Languages – English and French
- Role of ICJ – 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 UN organs and specialized agencies.
- Jurisdiction –
- All members of the UN are automatically parties to the ICJ statute
- It does not automatically give the ICJ jurisdiction over disputes involving them.
- ICJ gets jurisdiction only if both parties consent to it.
- ICJ’s Authority –
- Judgment is Final andtechnically binding on the parties
- ICJ has no way to ensure compliance of its orders.
- Electing the Judges –
- No. of Judges – 15 judges
- Tenure – 9 year terms
- Elected by – UN General Assembly and Security Council.
- Elections are held at the UNHQ in New York during the annual UNGA meeting.
- Judges are eligible for re-election.
- Indian Judges at ICJ – 4 Indians have been members of the ICJ so far.
UN Genocide Convention:
- Officially known as – Convention on the Prevention and Punishment of the Crime of Genocide
- An instrument of international law that codified for the 1st time the crime of genocide.
- 1st human rights treaty
- Adopted by – UN General Assembly (9 December 1948)
- It signified the international community’s commitment to ‘never again’ after the atrocities committed during the Second World War.
- India is a signatory.
According to the Genocide Convention, genocide is a crime that can take place both in time of war as well as in time of peace. Definition of the crime of genocide adopted in 1998 Rome Statute of the International Criminal Court (ICC).
India as a party to a case at the ICJ:
- Right of Passage over Indian Territory (Portugal v. India, culminated 1960).
- Appeal Relating to the Jurisdiction of the ICAO Council (India v. Pakistan, culminated 1972).
- Trial of Pakistani Prisoners of War (Pakistan v. India, culminated 1973).
- Aerial Incident of 10 August 1999 (Pakistan v. India, culminated 2000).
- Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands v. India, culminated 2016).
- Kulbhushan Jadhav (India v. Pakistan, culminated 2019)
Source: The Hindu
Previous Year Question
Consider the following statements:
1. The United Nations Convention against Corruption (UNCAC) has a ‘Protocol against the Smuggling of Migrants by Land, Sea and Air.
2. The UNCAC is the ever-first legally binding global anti-corruption instrument.
3. A highlight of the United Nations Convention against Transnational Organized Crime (UNTOC) is the inclusion of a specific chapter aimed at returning assets to their rightful owners from whom they had been taken illicitly.
4. The United Nations Office on Drugs and Crime (UNODC) is mandated by its member states to assist in the implementation of both UNCAC AND UNTOC.
Which of the statements given above are correct?
[UPSC Civil Services Exam – 2019 Prelims]
(a) 1 and 3 only
(b) 2, 3 and 4 only
(c) 2 and 4 only
(d) 1, 2, 3 and 4
Answer: (c)
Explanation:
The protocol against the smuggling of Migrants by land, sea and air comes under the United Nations Convention against Transnational Organized Crime (UNTOC) and not UNCAC. United Nations Convention Against Corruption (UNCAC) includes “Returning Assets to their rightful owners from whom they have been taken illicitly”.
