What is ICJ? 40 countries complain against Israel, how much power does this top court of the world have

New Delhi/The Hague: The International Court of Justice (ICJ), also known as the World Court, is once again in the global headlines. 40 countries have filed a complaint against Israel in the ICJ over the supply of humanitarian aid to Gaza and the occupied West Bank. The matter is related to the request of the United Nations General Assembly (UNGA), seeking an advisory opinion on Israel's legal responsibilities. But what is the ICJ, and how powerful is it? Let's know with the facts.

What is the ICJ?

The ICJ is the principal judicial organ of the United Nations, established in 1945 after the Second World War. Located in The Hague, Netherlands, the court settles disputes between countries and issues advisory opinions. The ICJ has 15 judges, who are elected by the UNGA and the Security Council for 9 years. The court hears two types of cases:

1. Contentious cases: Legal disputes between two or more countries, such as border disputes.
2. Advisory opinions: Non-binding opinions at the request of the UNGA or other UN bodies.

The recent ICJ case concerns Israel's actions in Gaza, where 40 countries have expressed interest in participating in the hearing scheduled from April 28 to May 2.

Complaint by 40 countries

Last year, the UNGA passed a resolution demanding Israel to ensure unhindered supply of humanitarian aid to Gaza. The resolution came after Israel banned UNRWA (UN Relief and Works Agency for Palestine Refugees) and halted all aid to Gaza. The US, Israel's closest ally, voted against the resolution.

Forty countries and four international organisations are now set for a hearing at the ICJ in which they will challenge Israel's policies to block aid to Gaza and the West Bank. Israel has refused to make oral statements at the hearing. Experts say the case highlights the humanitarian crisis for 2.4 million people in Gaza, where war has raged for 18 months.

How powerful is the ICJ?

ICJ rulings are legally important, but their power is limited:

• Binding rulings: ICJ rulings in controversial cases are binding, but only on countries that accept its jurisdiction. Israel has rejected ICJ jurisdiction in several cases.
• Advisory opinions: ICJ's opinion in Gaza case will be non-binding, but it will provide moral and legal guidance for the international community.
• Lack of enforcement: ICJ does not have the power to enforce its own sentence. It relies on the UN Security Council, where countries such as the US can veto.

In previous rulings, such as declaring Israel's settlements in the West Bank and East Jerusalem "illegal" in July 2024, the ICJ strengthened international law, but Israel rejected it.

Other cases against Israel

Apart from the ICJ, the International Criminal Court (ICC) has issued arrest warrants for war crimes against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Galant. The ICC prosecutes individuals, while the ICJ looks into disputes between countries. The US condemned the ICC's move and imposed sanctions against it.

India's role

India has not yet expressed any desire to make any oral statement in the case. India's stance has been balanced, where it supports humanitarian aid in Gaza but maintains strong defense and economic ties with Israel. India abstained from voting on the UNGA's Gaza ceasefire resolution in 2023.

What's next?

The ICJ hearing will begin on April 28, and it could take several months for an advisory opinion. The opinion could give the international community grounds to put pressure on Israel, but experts believe Israel and the US' reluctance to enforce it will hinder it. Still, the case will highlight Gaza's humanitarian crisis on a global stage.

Conclusion

The ICJ is the world's top court, which defines international law, but its power is limited by a lack of enforcement. The complaint by 40 countries against Israel underscores the humanitarian crisis in Gaza. The case could be a turning point for global diplomacy and ethics, but its impact will depend on the response of Israel and its allies. Only time will tell whether the ICJ opinion will bring justice to the people of Gaza.