NAM’s Respect for International Court of Justice

Non –Aligned Movement has endeavoured to achieve full respect for International law, and as an integral part respects the role of the International Court of Justice (ICJ). The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and began work in April 1946. The Court’s 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 complete integration of the ICJ within the United Nations system entails two important principles. First when carrying out its judicial functions whether in the context of contentious or advisory proceedings the Court remains guided by the principles enshrined in the United Nations Charter. Second, the importance of the Court’s noble mission is also mirrored in the obligations incumbent upon United Nations Member States under the Charter.
In particular, Article 2(3) of that instrument requires that UN Members States “ settle their international disputes by peaceful – means in such a manner that international peace and security, and justice, are not endangered”. These two principles also lie at the core ideology of the Non-Aligned Movement.
Non- Aligned Movement has commended the role of the International Court of Justice (ICJ) in promoting the peaceful settlement of international disputes, in accordance with the relevant provisions of the UN Charter and the Statute of the ICJ, in particulars articles 33 and 94 of the Charter. Article 34 of Charter states that the Security Council may investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security. Article 94 of the Charter states that each Member of the United Nations undertakes to comply with the decision of the International Court of Justice in any case to which it is a party, and if any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment.
With respect for these principles, the Non-Aligned Movement has urged the Security Council to make greater use of the ICJ, the principal judicial organ of the UN, as a source of advisory opinions and interpretation of relevant norms of international law, and on controversial issues.
NAM has further urged the Security Council to use the ICJ as a source of interpreting relevant international law, and to consider its decisions be reviewed by the ICJ, bearing in mind the need to ensure their adherence to the UN Charter, and international law.
In many pressing global issues at stake today, NAM has completely extended its support to the principled conclusions of the International Court of Justice. As one such prominent example, NAM has stressed the importance of the unanimous conclusion of the ICJ that there exists an obligation to pursue in good faith and to bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control.
NAM believes that the existing, new and emerging threats and challenges, including the multiple inter related and mutually reinforcing current global crises, continue to impede efforts by States to attain greater economic development and social progress, peace and security, and enjoyment of human rights and the rule of law. In this regard, NAM has advocated for a more proactive role of the ICJ.
As examined above, ICJ’s principal role within the United Nations framework is to settle peacefully international/bilateral disputes between States submitted to it within the confines of its jurisdiction in accordance with international law. In so doing, the Court supports the workings of the rule of law.

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