JURISDICTIONAL CHALLENGES TO THE DISPENSATION OF JUSTICE BY THE INTERNATIONAL COURT OF JUSTICE AND INTERNATIONAL CRIMINAL COURT

SOURCE:

Faculty: Law
Department: Law

CONTRIBUTORS:

Uzoegwu, C. A.
OKEKE, G. N.

ABSTRACT:

The International Court of Justice (ICJ) and International Criminal Court (ICC) came into being due to the exigencies of the time of their respective emergence. In the case of the ICJ, there was the need, after World War II for an organ for the settlement of international dispute, a role previously played by the Permanent Court of International Justice (PCIJ). With regard to the ICC, there was the need to put an end to impunity for the perpetrators of the most serious crimes of concern to the international community. As time went on, the operation of these international adjudicatory bodies were constrained by a lot of jurisdictional challenges that inhibited the dispensation of justice in the international realm. Incidentally none of these adjudicatory bodies could provide permanent solution to these re-occuring challenges. The aim of the study is to discover the various challenges on the jurisdiction of ICJ and ICC in their task of dispensing justice in the international realm with the objective of recommending the way forward for the two courts. The methodology adopted in this work is doctrinal. Primary source materials such as relevant statutes, international conventions and case laws as well as secondary source materials like text books, journals, articles, newspapers and material from the internet are of paramount importance in this research. The finding from this work provided the basis of the recommendations made in the last chapter of the work.