15. Международный Суд оон (icj).

The International Court of Justice (ICJ) – principal judicial organ of the UN

• established in 1945 by the Charter of the UN

• began work in 1946

Headquarters and permanent seat – Peace Palace, the Hague (Netherlands)

Role:

• settlement of legal disputes submitted by States

• advisory opinions on legal questions referred by UN organs and specialized agencies

Registry, headed by a Registrar-administration, elected by the Court for a 7-year term.

Official languages: English, French

Parties to the Court's statute: all UN members. Non-UN members may also become parties.

Composition:

• 15 judges elected for 9 years by GA and SC

• elections every 3 years

• continuity (1/3 of judges retiring/re-elected each election)

• Judges are elected as individuals, not as representatives of their countries, and are required to make a solemn declaration in open court of impartiality in the exercise of their functions.persons of high moral character

• qualified for highest judicial office in their states

• sufficient competence in int. law

• not able to hold any other post, nor act as counsel

• dismissed by unanimous vote of other members of the Court

• owner of the Peace Palace - The President of the Court (elected triennially by his colleagues

Ad hoc judges

• any party to a contentious(спорный) case can nominate a judge of their choice to participate fully in the case and the deliberations(размышления), along with the permanent bench

• 17 judges are possible to sit on one case

Chambers (Судейские коллегии)

Court can form smaller chambers, usually 3 or 5 judges, to hear cases (chambers for special categories of cases and ad hoc chambers to hear particular disputes).

The hearing is open to the public.

Sources of law:

• int. conventions

• int. custom

• ‘general principles of law recognized by civilized nations’

• academic writing and previous judicial decisions to help interpret the law

(but not formally bound by previous decisions)

• decision ex aequo et bono – "in justice and fairness" if granted by parties

(equitable(беспристрасный) decision based on what is fair under the circumstances)

The decision of the Court is adopted by majority vote, the President of the Court having a casting vote in the event of a tie. , the judgment is ‘final and without appeal

Procedure

• 9 judges constitute a quorum

• questions decided by majority of judges present

• hearings may be held in Hague or elsewhere

• court may render judgment in certain disputes between states

16. Право вооруженного конфликта (понятие, задачи, основные конвенции).

International Humanitarian Law – the body of Law, can be defined as the principles and rules which limit the use of violence in times of armed conflict.

The aimes:

• protect persons who are not or no longer directly engaged in hostilities – wounded, shipwreckers, prisoners of war, civilians

• limit the effects of violence in fighting to the attainment of the objectives of the conflict

Main Conventions:

• Law of Geneva – protection of victims of conflict(First Geneva Convention enshrined(лелеять) the principals of universality and tolerance in matters of race,nationality and religion)

• the Peace Conferences at the Hague 1899, 1907 adopted conventions defining the laws and customs of warfare and declaration forbidding certain practices, including the bombardment of undefended towns,the use of poisonous gases and soft-nosed bullets(failed to agree on compulsory arbitration as a means of settling disputes which threaten peace)

• UN – efforts to ensure that human rights are respected in arms conflict, maintenance of peace and prevention of armed conflict – the Vital concerns of the UN

• UN affirmed a resolution of the 20^th International Conference of Red Cross and Red Crescent(Vienna 1965) which laid down 3 basic principles of action in armed conflict:

1. The right of parties to a conflict to adopt means of injuring the enemy is limited

2. Prohibited to launch attack on civilian population

3. Distinction between persons taking part to hostilities and civilians