IRELAND IS to sign up to accepting the compulsory jurisdiction of the International Court of Justice, Tánaiste and Minister for Foreign Affairs Eamon Gilmore, has announced.
The United Nations-sponsored court which resolves inter-state disputes is based in The Hague, and was established, with the UN, in 1955.
Under the UN’s founding statute, states can voluntarily accept its jurisdiction as compulsory, specifying the terms and conditions under which they do so. Currently, 66 of the UN’s 192 members accept the court’s compulsory jurisdiction, including 19 European Union member states.
The court has no relationship with the International Criminal Court, also in The Hague, set up by the Rome statute in 1998 to deal with war crimes and crimes against humanity, to which 120 states have signed up.
The war crimes court was not established by the UN, but by an independent treaty process which, notably, did not include the United States.
The UN’s International Court of Justice acts to resolve disputes between states which accept its jurisdiction.
As well as accepting its compulsory jurisdiction, states can refer disputes on the basis of their mutual consent on an ad hoc basis, or on the basis of provisions in multilateral and bilateral treaties.
The court may also issue advisory opinions on questions of international law referred to it by certain international bodies, such as the UN General Assembly.
Ireland has never been involved in an inter-state dispute before the court, but has made submissions to the court in advisory proceedings in two cases concerning the lawfulness of the threat or use of nuclear weapons; on the “legal consequences of the construction of a wall in the occupied Palestinian territory”, in 2004; and the “accordance with international law of the unilateral declaration of independence of Kosovo”, in 2010.
Following the decision by Mr Gilmore to accept the court’s jurisdiction in principle, the precise terms of the declaration will be drawn up on the advice of the Attorney General.
The draft declaration will then be submitted to the Government for final approval and it is intended to lodge the declaration by the end of the year.
Announcing the decision, Mr Gilmore said: “This decision is fully consonant with our constitutional commitment to the peaceful settlement of international disputes by international courts and tribunals.
“It is also consistent with the Government’s objective of enhancing Ireland’s standing as a respected and influential member of the international community.”