President Mary Mc Aleese has announced that Ireland is to legally recognise the jurisdiction of the International Court of Justice ("ICJ"). This means that Ireland will have the right to institute proceedings against another state, or group of states, before the Court and also that Ireland agrees to appear before the Court, should other states instigate proceedings against Ireland.
The ICJ is the principal judicial organ of the United Nations and has two functions: to settle disputes between states and to issue advisory opinions when requested by the UN. Unlike the International Criminal Court, the ICJ hears matters concerning member states rather than individuals. Since the 1980s, there has been a significant increase in the number of contentious cases before the Court.
To date Ireland has participated in two advisory proceedings concerning questions asked by the General Assembly regarding the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory and the Accordance with International Law of the Unilateral Declaration of Independence in respect of Kosovo .
The declaration of recognition of the jurisdiction is expected to be issued at the end of 2011.
To view the ICJ press release, please click here.
To view a Human Rights in Ireland blog on this issue, please click here.