abaa4all
JF-Expert Member
- Mar 5, 2013
- 326
- 335
Ukisoma dhumuni na maana ya ICJ utagundua kuwa ni mahakama inayohUsika na nchi kwa nchi na si internal affairs za nchi, ndio maana haijawah na haitawah kutokea nchi yyte duniani eti kubatilishwa matokeo na ICJ.
My take: Nawaomba wanaongelea mahakama ya ICJ na kesi ya wizi wa kura waache kwani raisi mteule ni magufuli na hakuna case itkayoenda ICJ.
My take: Nawaomba wanaongelea mahakama ya ICJ na kesi ya wizi wa kura waache kwani raisi mteule ni magufuli na hakuna case itkayoenda ICJ.
The Court
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and began work in April 1946.
The seat of the Court is at the Peace Palace in The Hague (Netherlands). Of the six principal organs of the United Nations, it is the only one not located in New York (United States of America).
The Court?s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies.
Jurisdiction
The International Court of Justice acts as a world court. The Court has a dual jurisdiction : it decides, in accordance with international law, disputes of a legal nature that are submitted to it by States (jurisdiction in contentious cases); and it gives advisory opinions on legal questions at the request of the organs of the United Nations or specialized agencies authorized to make such a request (advisory jurisdiction).
Contentious Jurisdiction
In the exercise of its jurisdiction in contentious cases, the International Court of Justice has to decide, in accordance with international law, disputes of a legal nature that are submitted to it by States. An international legal dispute can be defined as a disagreement on a question of law or fact, a conflict, a clash of legal views or of interests.
Only States may apply to and appear before the International Court of Justice. International organizations, other collectivities and private persons are not entitled to institute proceedings before the Court.
Article 35 of the Statute defines the conditions of access for States to the Court. While paragraph 1 of that Article opens it to the State parties to the Statute, paragraph 2 is intended to regulate access to the Court by States which are not parties to the Statute. The conditions of access of such States are, subject to the special provisions contained in treaties in force at the date of the entry into force of the Statute, to be determined by the Security Council, with the proviso that in no case shall such conditions place the parties in a position of inequality before the Court.
The Court can only deal with a dispute when the States concerned have recognized its jurisdiction. No State can therefore be a party to proceedings before the Court unless it has in some manner or other consented thereto.
ZAIDI TEMBELEA HAPA:http:http://www.icj-cij.org/homepage/index.php
USHAURI: Vyama vya siasa acheni kuwahadaa wanachama wenu.