Disputes Involving the Use of Force (From International Court of Justice at a Crossroads, P 223-241, 1987, Lori Fisler Damrosch, ed. -- See NCJ-122854)

• NCJ Number: 122863
• Author(s): O Schacter
• Date Published: 1987
• Length: 19 pages
• Sale Source: Transnational Publisher Inc
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This analysis of the appropriateness and desirability of the use of the International Court of Justice to resolve international disputes involving the use of force concludes that the similarities between crucial aspects of these cases and other cases mean that some cases involving the use of force are suitable for adjudication by the Court.

Abstract

These cases range from isolated attacks on planes or vessels to large-scale and ongoing military action. The issues of law and fact and the political contexts of these cases vary widely. However, the problems of justiciability and compulsory jurisdiction under Article 36(2) of the statute governing the Court are similar for these disputes and other disputes in which a potential respondent nation has strong reasons to resist adjudication. Thus, cases involving the use of force may be suitable for Court adjudication on the basis of individual nations' acceptances of Article 36(2) and the applicable clauses in treaties. However, the United States and other nations should exclude cases involving national security, vital issues, or political questions from Court adjudication. In addition, a future acceptance of compulsory adjudication by the United States might reasonably include a carefully drafted exclusion of disputes relating to major ongoing hostilities, although past major conflicts should not necessarily be excluded. Footnotes.