Economic cost of gender based violence against women and girls in LesothoAn assessment of the effectiveness of the International Court of Justice in the maintenance of International peace and security

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