CHAPTER ONE

INTRODUCTION

1.1 Background of Study

The creation of the Court represented the culmination of a long process of developing methods for the pacific settlement of international disputes, the origins of which can be traced back to classical times.

Article 33[1] of the United Nations Charter lists the following methods for the pacific settlement of disputes between States: negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, and resort to regional agencies or arrangements, to which should also be added good offices. Some of these methods involve the services of third parties. For example, mediation places the parties to a dispute in a position in which they can themselves resolve their dispute thanks to the intervention of a third party. Arbitration goes further, in the sense that the dispute is submitted to the decision or award of an impartial third party, so that a binding settlement can be achieved. The same is true of judicial settlement (the method applied by the International Court of Justice), except that a court is subject to stricter rules than an arbitral tribunal, particularly in procedural matters.

Article 14[2] of the Covenant of the League of Nations gave the Council of the League responsibility for formulating plans for the establishment of a Permanent Court of International Justice (PCIJ), which would be competent not only to hear and determine any dispute of an international character submitted to it by the parties to the dispute, but also to give an advisory opinion upon any dispute or question referred to it by the Council or Assembly of the League of Nations. All that remained was for the League Council to take the necessary action to give effect to Article 14

The outbreak of war in September 1939 inevitably had serious consequences for the PCIJ, which had for some years been experiencing a decline in its level of activity. After its last public sitting on 4 December 1939 and its last order on 26 February 1940, the Permanent Court of International Justice in fact dealt with no further judicial business and no elections of judges were held. In 1940 the Court relocated to Geneva, leaving one judge in The Hague together with a few Registry officials of Dutch nationality. Despite the war, consideration needed to be given to the future of the Court and to the creation of a new international political order.

The international criminal court has jurisdiction to prosecute individuals who has commit genocide, war crimes and crimes against humanity. It will also have jurisdiction over the crime of aggression when an agreement is reached on the definition of such a crime. The international criminal court is legally and functionally independent from the United nation and is not a part of the UN system

 The UN charter is a constitutive instrument of the United Nation. The UN charter was established after World War Two with the aim of preventing future wars, and also aim of creating peace and security, which succeeded the League of nation. The UN charter was signed on the 20th of June 1945 by representatives of the 50 countries attending the UN conference on international organizations in San Francisco, Poland which was not represented, signed it later and became one of the UN original 51 member states.

 Chapter vi of the UN charter contained provisions (Article 33 (2), 36(1), 37(2), and 38) according to which the security council may make the recommendation concerning the pacific settlement of disputes. Article 33 provides that any dispute that is likely to endanger the maintenance of international peace and security should first be addressed through negotiations and other peaceful settlement. Meanwhile Article 36[3] of the UN charter states that the security council may at any stage of a dispute of the nature referred to Article 33 of a situation of like nature, recommend appropriate procedures or method of adjustment.

 The ICJ decision are binding on the parties involved and its ruling have the force of law. The role of the international courts of justice is resolving disputes between states is essential in promoting peace and stability in the international system. The first core function is to decide in accordance with international law such disputes as are submitted to it. It is for the court to determine whether a dispute has arisen between the parties and if so, whether it is a dispute which may be resolved by the application of international law

1.2 Statement of Problem

 The prohibition of the use of force was one of the limitations of the settlement of disputes. Wars as the last resort is a considerable process that appeared on in the twentieth century. Viewed from a historical perspective, the use of war was first a discretionary jurisdiction, then a limited jurisdiction and later an appealed jurisdiction.

The resort to war became a limited jurisdiction because of the effort made by certain nations at the end of the 19th century and more significantly at the beginning of the 20th century to limit or regulate the use of force in international relations. The general treaty for reunification of war of 20th August 1928, the principle of prohibition of war was established. Attic 1 of this pact, the high contracting parties solemnly declare that they condemn the use of force for the settlement of international disputes and renounce it as a national policy in their mutual relationship.    

According to Article 2(4) of the UN Charter, all members shall refrain from their international relations from the threat of use of force against the territorial integrity or political independence of any state. The principle set up of Article 2(4) of the UN charter is a just congen norm. It provided for a very broad prohibition on the use of force , removing any form of threat against peace or use of force going from low intensity. Paramilitary actions to very large-scale military hostilities. The use of force can take the step of either direct intensive attack or indirect actions against the territorial integrity or political independence of the state.    

International law is a system of law that regulates the relationship between countries, with the increase of international organizations such as the UN and the European Union, international law also regulates the relationship between those organizations. The most obvious limitations of international law is the lack of sovereign. Some form of international government, law in domestic term is traditionally viewed as a set of command back up by threat such as the law against murder that carries the threat of a long prison sentence. Domestic national or local laws have a clear set of rules created by a parliament or congress and police forces court and prison to ensure compliance

International law is different from municipal criminal law. The rules are often unclear , there is no international parliament or congress , no international police force ( interpol is an information sharing organization rather than an enforcement one ) the international court are weaker than domestic court and there is hardly any system to enforce compliance with judicial decisions

Moreover, the weaknesses of international law were the lack of system for the enforcement of legal obligations commentators to paucity of cases in the international court and the unwillingness of states to undertake binding obligations to settle their disputes. Thus if there is a dispute between two states and one of the states has not consented to world court jurisdiction by treaty, by specific agreement once the dispute has arisen or by some other declaration, the ICJ hear the case.

1.3 Research Questions

  Here we have both the main research question and the specific research questions that will guide our work. The specific research questions are made up of four and are coming from the general question.

1.3.1 Main Research Question

 What is the role of the international criminal court in the peaceful settlement of international disputes?

1.3.2 Specific Research Questions

• What are the legal and institutional framework on the settlement of disputes
• What are the means of the settlement of international disputes
• What are the challenges faced by the International criminal court the settlement of disputes
• What policy recommendations can be made

1.4 Research Objective

When it comes to research objectives, we have the main research objective and the specific research objectives

1.4.1 Main Research Objective

  The main objective is the role of international court of justice in the peaceful settlement of disputes

1.4.2 Specific Research Objectives

• To examine the legal and institutional framework on the settlement of disputes
• To analyse the means of settlement of international disputes
• To discuss the challenges faced by the international criminal court in the settlement of disputes
• To make policy recommendations which have been made in the settlement of disputes.