The Security Council and the International Court of Justice, both were established around 60 years back, for the purpose of maintaining international peace and security by developing mutual faith and promoting cooperation between the countries who were the victims of the deadliest manslaughter that the world has ever witnessed, i.e. The World War II. In order to achieve the same objectives, in both the world vested enormous powers, so that in cases of conflicts peace can be restored through their intervention. The countries which emerged as the ‘Zamindars’ of International Sphere at the end of World War II, became the major source of power for these two organizations. As remarked by John Dalberg-Acton, ‘Absolute Power Corrupts Absolutely’, the two organizations have now become ‘toothless tigers’ in the international sphere due to the disputes that arose between the countries because of their different ideologies.
The United Nations was set up at the end of the Second World War. Its founders were anxious to avoid not only another such catastrophe but also the mistakes which had led to the failure of the League of Nations . It is well settled that although the countries have vested their powers for maintenance of Peace and Security in the UN Security Council, yet it is an accepted fact that if not primary, then one of the purposes of the International Court of Justice is the maintenance of Peace and Security and hence it cannot be excluded from the purview. Being principal organs of United Nations, the Security Council and the International Court of Justice have been given certain responsibilities, which in no case shall be compromised. With such vast powers their primary and exclusive responsibility is peaceful coexi...
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See Article 119 (2) of Rome Statute of International Criminal Court, 1998.
See Article 1 of Statute of International Court of Justice.
See Article 94 (1) of Charter of the United Nations.
See Article 94 (2) of Charter of the United Nations.
See Charles Cater, The Political Economy of War and Peace, International Peace Academy, 2002, p. 4.
See for example Oscar Schachter, "The Legality of Pro-Democratic Invasion," 78 American Journal of International Law 645 (1984).
On the concept of "responsibility to protect," see International Development Research Centre, The Responsibility to Protect: Report of the International Commission on Intervention and State Sovereignty (2001).
Mick B. Krever, ‘Why wont the UN’s Security Council intervene in Syria?’, http://edition.cnn.com/2012/01/13/world/meast/un-security-council-syria/index.html, accessed on 30/5/2014.
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