Wednesday, October 9, 2019
ICJ case Assignment Example | Topics and Well Written Essays - 2000 words
ICJ case - Assignment Example The Security Council can only seek the ICJââ¬â¢s opinion regarding a certain case or decision (Angehr, 1017). This means that Abrocantoââ¬â¢s idea of demonstrating that the ICJ has a right of review is nullified. Ralivia is right since the Security Council has already passed the required resolutions on the matter. ICJ has the same rights as the Security Council and can only provide possible opinions, but only if the opinion is requested by the Security Council (Schweigman). Concerning the review over the Security Councilââ¬â¢s actions in general, the role of ICJ in exercising review over the actions of the Security Council has remained unclear for many years. The has been initiated by the need of ICJ to rule according to international law on those disputes treated in the political process of the General Assembly and Security Council (Matheson). Essentially, the ICJ should hardly the roles of the other UN political organs in the course of maintaining international security. Being the principle organ of the UN according to article 92 does not make it to have absolute right over the other organs. The actions of the Security Council are thus independent of the ICJ (Schweigman, 31). Regarding matters of international peace and security in particular, the ICJ has the right to review the actions of the Security Council. The question of ICJ review of the Security Council regarding international matters can be established through the Lockerbie case 1, which was before the International Court of Justice for more than a decade (Angehr, 1007). The case dismissal in 2003 without any decision raised questions about judicial review regarding the UN major political organs and the decisions made. The review of the Security Council by the ICJ was the main agenda. The Security Council had sought a resolution urging Libya to turn over the required
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