International Court of Justice

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The ICJ and nuclear disarmament: towards a universal obligation?

Today is the anniversary of the ICJ’s Nuclear Weapons Advisory Opinion. We would like to revisit, and invite readers to reflect on, one particular conclusion (not discussed in previous posts on the Marshall Islands cases here, here, here), contained in operative paragraph 2 F (§ 105) of the Opinion: “(t)here exists an obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control”.

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The Monetary Gold Doctrine and the ICC: Can the ICC determine the Territorial Boundaries of Israel and Palestine?

The Prosecutor of the International Criminal Court (ICC) has been engaged in a Preliminary Examination of the situation in Palestine since January 2015. By December 2019, the Prosecutor had come to the conclusion that there is a reasonable basis to believe that war crimes have been, or are being, committed on territory of Palestine, and that the other…

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A Reference to the ICJ for an Advisory Opinion over COVID-19 Pandemic

Much has been said about the ICJ’s contentious jurisdiction in the context of the COVID-19 pandemic, stressing in this respect the problem of the State’s acceptance of jurisdiction and establishing the existence of a dispute (see e.g. here, here, here , here and listen). However, while the focus has been on the Court’s…

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The Legal Duty to Cooperate amid COVID-19: A Missed Opportunity?

  The unprecedented effects of COVID-19 have encouraged cooperation and commitment among different States to fight the pandemic and combat its socio-economic impacts. For example, on April 2, the UN General Assembly unanimously adopted a resolution calling for ‘intensified international cooperation to contain, mitigate and defeat the pandemic’, while the G20 had earlier…

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India’s Modified Declaration on the Jurisdiction of the International Court of Justice

The External Affairs Minister of India submitted a Declaration on 27 September 2019 accepting as compulsory ipso facto and without any special agreement the jurisdiction of the International Court of Justice (ICJ) in conformity with article 36 paragraph 2 of the ICJ Statute. This new Declaration replaces the previous one made 45 years ago on 18…

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