The relationship between the Security Council and the International Court of Justice under the United Nations Charter

Abstract

In the preamble to its Charter, the United Nations Organisation, which was conceived in 1945, inter alia underlines its Members' commitment "to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind ... " Towards this end the Charter's signatories pledged "to unite our strength to maintain international peace and security ... " Pursuant to the provisions of the Charter the primary responsibility for the maintenance of international peace and security is vested in the Security Council which, in the fulfilment of its mandate, acts in accordance with the Purposes and Principles of the United Nations. The world balance of power which prevailed during the post World War II era as a result of the East-West Political divide, was superseded by a new international political scenario brought about by the collapse of the Iron Curtain and the disintegration of the communist regimes in the former Soviet Republics and other Eastern European countries. In the ensuing new world order the Security Council assumed increased relevance which in tum called for adequate checks and balances to ensure and guarantee full respect for the sovereign rights of its Member States. Established as one of the main organs of the United Nations Organisation, the International Court of Justice has an important mandate to fulfil in this regard. This thesis sets out to analyse the relationship between the Security Council and the International Court of Justice under the United Nations Charter. A detailed description of the origins, structures and modus operandi of the United Nations is provided in Chapter One which is followed by a thorough review of the composition, mandate and modus operandi of the Security Council and the International Court of Justice in Chapters Two and Three respectively. While the core issue of this thesis is addressed in Chapter Four, which delves into and reviews the relationship between the Security Council and the International Court of Justice, Chapter Five examines the rights of, and extent to which, the International Court of Justice may exercise its power of judicial review of Security Council decisions.