Abstract:
The United Nations system was born out of global strife and suffering caused by the two
devastating world wars. Since the end of World War I one of the main concerns of the
international community was the establishment of institutions that would work to maintain
international peace and security. The commitment by states in the UN Charter not to resort to
armed conflict is a testament of the desire of the international community to cherish peace. The
United Nations itself was designed to ensure that it has the capacity to safeguard peace. While
disputes between states are inevitable, the UN has mechanisms in place to resolve these disputes
peacefully. One such mechanism is the International Court of Justice (ICJ). Established as the
principal judicial organ of the UN, the Court has an important role of resolving legal disputes
between states. Supporting the Court’s work is the Security Council which not only has the
power to recommend referral of disputes to the ICJ or enforce the decisions of the Court but also
share the responsibility to preserve international peace and security with the Court.
The UN system has however shown some cracks. The recent inability to prevent a costly war in
Ukraine and Gaza as well as failure to bring to a halt the suffering of the Rohingya Muslims
facing persecution in Myanmar brings spotlight to the UN system, including the ICJ. This study
therefore examines the effectiveness of the ICJ in resolving disputes that threaten international
peace and security. The study examines the volume of cases brought to the Court’s attention or
order to determine whether this forum has been effectively used. It also assesses the rate of
states’ compliance with the ICJ’s decisions as well as the extent to which there has been
enforcement action in cases where there is non-compliance. The study argues that the ICJ has notsucceeded in its role of resolving disputes that threaten international peace and security. It makes
recommendations on some reforms that can be implemented in order to make the Court an
effective organ that can contribute to the realisation of one of the UN’s most important
objectives
