General Assembly General Assembly

 Statement by Dr Neeru Chadha, Additional Secretary and the Legal Adviser on Agenda Item 70: Report of the International Court of Justice at the 69th Session of the United Nations General Assembly on October 30, 2014

 
Mr. President,
I thank the President of the International Court of Justice (ICJ), Judge Peter Tomka, for presenting a comprehensive report, covering the judicial activities of the Court over the last year. I also thank him and the Vice-President Bernardo Sepúlveda-Amor for guiding the work of the Court.  
Mr. President,
The Court, being the principal judicial organ of the United Nations, is entrusted with the task of peaceful resolution of disputes between States, which is important for fulfillment of one of the core purposes of the United Nations, namely the maintenance of international peace and security. 
Since its establishment, the Court has admirably fulfilled that task and has acquired a well deserved reputation as an impartial institution maintaining the highest legal standards in accordance with its mandate under the Charter of the United Nations, of which the Statute of the Court is an integral part.
Mr. President,
As stated in the Preamble to the Charter, one of the primary goals of the United Nations is to establish conditions under which justice and respect for international obligations can be maintained. The ICJ, as the only Court with jurisdiction in general international law, is uniquely placed to fulfill that role. 
Mr. President,
The report of the Court, contained in document A/69/4, illustrates the importance that States attach and the confidence that the States repose in the Court, as is clearly evidenced through the number, nature and the variety of cases that the Court deals with, and through the ability of the Court in so dealing with the complex aspects of public international law. 
Mr. President,
The cases before the Court involve a wide variety of subject matters, such as territorial and maritime disputes, environmental damage and conservation of living resources, violation of territorial integrity, violation of international humanitarian law and human rights, genocide, interpretation and application of international conventions and treaties, and interpretation of the Court's judgments.
Mr. President,
The judgments delivered by the ICJ have played an important role in the interpretation and clarification of the rules of international law, as well as, in the progressive development and codification of international law. In the performance of its judicial functions, the Court has remained sensitive to political realities and sentiments of States, while acting strictly in accordance with the provisions of the UN Charter, its own Statute and other applicable rules of international law. 
Mr. President,
The acceptance of compulsory jurisdiction of the Court is a means to secure and promote peaceful settlement of disputes. Its foundation lies in the confidence expressed by States in the rule of law at the international level. States which have reposed faith in this system under Article 36(2) of the Statute do so for legal disputes that may arise between the Parties inter se. This is confirmed by Article 59 of the Statute, which clearly provides that the decision of the Court has no binding force except between the parties and in respect of that particular case.  Therefore filing of cases that seek universal objectives in complete disregard of this basic premise raises very serious issues for States, like India, that have accepted compulsory jurisdiction of the Court.
During the 2013/2014 judicial year, the Court delivered three judgments; held public hearings in four cases; and also handed down thirteen orders. The Court, during this period, was seized of seven new contentious cases. The total number of contentious cases presently before the Court stands at thirteen. 
Mr. President,
The Court's second function, of providing advisory opinion on legal questions referred to it by organs of the United Nations and specialized agencies, further adds to its important role of clarifying key international legal issues. The report of the Court rightly points out that 'everything the Court does is aimed at promoting the rule of law', in particular through its judgments and the advisory opinions. 
Mr. President,
We appreciate the Court's efforts to ensure the greatest possible global awareness of its decisions through its publications, multimedia offerings and the website, which now features the Court's entire jurisprudence, as well as that of its predecessor - the Permanent Court of International Justice. 
Mr. President,
We are glad to note that the Court is planning to celebrate its seventieth anniversary in April 2016 and organizing a number of events on that occasion. 
Finally, Mr. President, India wishes to reaffirm its support to the Court and acknowledges the importance that the international community attaches to the work of the Court. 
Thank you.