Can Advisory Opinion Be Sought By International Court Of Justice On Issues?
The International Court of Justice is the 15-member U.N tribunal that sits primarily at the Hague, Netherlands, to adjudicate disputes between countries that voluntarily submit cases for decision.
By virtue of Article 65.1 of the Statute of The International Court of Justice
“The Court may give an advisory opinion on any legal question at the request of whatever body may be authorised by or in accordance with the Charter of the United Nations to make such a request”.
However, the “Advise” given by the International Court of Justice, is merely “Advisory” and not binding. This is because there are no litigants before the court to be bound. Judge Gros in the Western Sahara advisory opinion, ICJ Rep, 1975, 12 at 24, para.31 stated that:
“the Court’s reply is only of an advisory character: as such it has no binding force.”
Leave a Reply