Impacts of International Court Justice on dynamics of Globalization
Abstract
In today’s human practicesGlobalizationon is widening both in space and scope. It is a worldwide integration and development in all aspects of human life; environment, political system, economic development and law. As a process of international interaction and integration, globalization inspires international trade, political and diplomatic relations among states. Subsequently, it brought aboutinternational criminal law and international criminal justice institutions such as the permanent International Criminal Court (ICC) in The Hague, the Netherlands(Mindua, 2017). The international court of justice offers advisory opinions on legal issues in addition to dispute settlement between states. Since its establishment, the international court influences world politics and democracy,economy, human rights and global peace.Despite the positive impacts, the international court of justice faces a lack of cooperation and adherence to orders by some states undermining its jurisdiction. Additionally, the international court lacks credible enforcement mechanisms.
Politics and democracy
The International Court of Justice (ICC) has dramatically shaped the currentinternational politics. First and foremost, ICC advocates for zero impunity and strives to uphold the rule of lawin global politics. Driven by the extensive perpetration of unspeakable atrocities after the second world war, the international community sought for long term justice system hence the creation of the International Court of Justice. The objective was to end human abuse crimes. Therefore, the ICC seeks to promote respect for international law by ensuring that most severe crimes do not go unpunished. Mandated with the duty and capacity to prosecute individuals for genocide, crimes against humanity and war crimes, the ICC seeks to eradicate these crimes.For instance, as of November 2012, the ICC has seized off 14 cases in seven country situations, involving a total of 23 suspects and accused(Song, 2012).
Secondly, the ICC has ensured political stability in the world through political dispute resolutions. Mandated to resolve disputes among party states, the International court of justice through mediation and arbitration provides peaceful conflict resolution. WitGlobalizationon, relationships in fields as trade and diplomacy has been developed among countries both at the bilateral and unilateral levels. Consequently, there has occurred instances of conflicts amidst these countries. More often than not, the existence of conflicts is associated with political instability. WitGlobalizationon, political stability in a particular country extends the effects beyond its borders. Therefore, by offering the platform for conflict resolution among its member states, the International Court of Justice ensures a politically conducive environment allowing development and peaceful coexistence.
Lastly, the International Court of Justice is at the forefront in upholding and protecting democracy and civil rights globally. The concept of democracy includes human rights and freedom, asdemocracy is built on the fundament of human rights, in front of all on the democratic principle as part of civil rights. Therefore, by championing for human rights protection, the ICC establishes a democratic system. It not only prosecutes of human rights offenders but also allow victims to participate in the judicial proceedings and to apply for reparations.(Song, 2012). In a nutshell, successful democratic governance must inevitably focus on promotion and protection of human rights and fundamental freedoms. For without this protection, there can be no democracy in any meaningful sense(Tommasoli, 2013).
Economy
The international court of justice creates a conducive environment for global economic interactions and growth. Through the maintenance of peace and political stability, the global economy thrives. Political instability adversely affects growth by lowering rates of productivity growth and, to a smaller degree, physical and human capital accumulation.Various lucrative industries like tourism, sports and entertainment much rely on good relations and peaceful coexistence among countries. Moreover, witGlobalizationon, states have grown to be dependent on others for various goods and commodities hence imports and exports. Due to the interdependency and economic relationships globally, a peaceful environment is a necessity. The ICC, while offering a platform for conflict resolution and peace maintenance, it creates a politically stable and friendly environment for global economic growth(Veiga, 2011).
Global peace
The international court of justice has contributed significantly to peacemaking and keeping in the world today. The idea of peacefully settling disputes at the international level existed for years. However, the system applied was mediation and arbitration but not an established bench of judges employing strict judicial techniques. At the end of the First World War, came the creation of the league of nations, under a mandate of the Article 14 of the covenant of League of Nations, a concrete shape was given to the idea of a permanent Court of International Justice. The Permanent Court Justice was dissolved in 1946, followed by a decision at the San Francisco to create a new International Court of Justice. With their formation coming at the end of wars, the main objective of the international courts was to restore peace and world order.
The International Court of Justice possesses contentious jurisdiction, advisory and incidental jurisdiction. Contentious jurisdiction involves states that submit the dispute by consent to the court for a binding decision. Secondly, the advisory jurisdiction concerns questions referred tothe court by the General Assembly, the Security Council or other organs and specialized agencies of the United Nations. Lastly, incidental jurisdiction relates to miscellaneous and interlocutory matters like the power of the court to decide a dispute as to its authority. The international court of justice offers advisory opinions on legal issues presented by these agencies. The three functions serve to ensure peaceful coexistence among party states and peacekeeping in the global world today. However, the court itself has no powers of enforcement, and their advisory opinions are not binding.
Human rights
Globalization has raised the demand for social protection while lowering the capacity of the state to provide it. In the global world today, enjoyment of human rights mainly economic, social and cultural rights are threatened, thus creating the need for the International Court of Justice intervention. Formed after the second world war which was marked by numerous crimes violating human rights, the establishment of ICC aimed to protect the global world against such human rights abuse, global effects of war and to prevent the possible occurrence of another world war. Additionally, ICC came to restore peaceful coexistence among countries.The League of Nations brought together most nations by forming the United Nations (UN) with the ICC as the judicial organ of the UN.
International human rights treaties generally have their settlement procedure, the situation in which the court has dealt with human rights issues have arisen mainly in the context of general international law and non-human rights. Human rights treaties such as the Convention on the prevention and punishment of the Crime of Genocide 1948 contains provisions specifically referring disputes to the court. While treaties like the International Convention on the Elimination of all Forms of Racial Discrimination 1965 have a clause permitting referral to the court after exhaustion of the pre-condition to resort to the treaty-specific dispute settlement procedure(Ghandhi, 2011). Thus, despite not being a human rights court, it has the opportunity to contribute vital jurisprudence to the international law of human rights in fields such as race discrimination, genocide and immunities of experts like in Ahmadou Sadio Diallo Case.
Factors hindering the effectiveness of ICC in the global world today
Fast forward, the International Court of Justice has no powers of enforcement. The basis of the establishment of this court is that the decisions it passes be binding and enforceable to all member states. Moreover, the court encourages the resolution of international disputes by peaceful means and while at it advocating for responses that address the rights of the victims. However, the decisions by the ICJ have become extremely difficult to enforce. As a result, these decisions stand enforceable at the mercy of the parties involved or the effort of other organs of the UN such as the Secretary General to enforce these decisions.
Additionally, some member states undermine the jurisdiction of the court. Implementation of the rule of law principle on the international level particularly in the resolution of conflicts is being hampered by states failing to adhere to their international obligations, along with selective enforcement and exploitation of existing frameworks and mechanisms. Failure to adhere to the decisions and lack of cooperation by some statesundermines the jurisdiction of the court in conflict resolution and advisory opinions.
Conclusion
Globalization is a process of international interaction and integration driven by global trade, political and diplomatic relations among states. Through such communications, member states around the world establish bilateral and unilateral relations. Consequently, the International Court of Justice provides a platform to resolve disputes arising among member states and to offer an advisory opinion on international legal issues. Since its establishment, ICJ has had significant influence in fields such as politics and democracy, global economy, human rights and global peace. However, the lack of credible implementation mechanisms and no cooperation in adhering to the decisions of the court by member states undermine the jurisdiction of this court.
References
Ghandhi, S. (2011). Human Rights and the International Court of Justice The Ahmadou Sadio Diallo Case.
Mindua, A. K.-M. (2017). Universal Justice For a Globalized World.
Song, S.-H. (2012). The Role of the International Criminal Court in Ending impunity and Establishing the rule of law.
Tommasoli, M. (2013). Democracy and Human Rights: The Role of the UN.
Veiga, A. A. (2011). How Does Instability Affect Economic Growth?