The International Court of Justice (ICJ)

8/3/2019 The International Court of Justice (ICJ)

1/36

AHMAD AHAD

MOHAMMAD RIZAL

AMANINASYAKIRAH

SHAHIRAH

ADIBAH


2/36

How to answer the question?

-introduction

State the definition and short brief of

history of OIC and ICJ

-body 1

Explain the roles of OIC

-body 2

Explain the roles of ICJ

-conclusion

The same mission of OIC and ICJ


3/36

The organization is collective voice of the Muslimworld and ensuring to protect the interest of theMuslim world

OIC is the second largest inter-government

organization after United Nations which hasmembership of 57 states spread over 4 continents


4/36

The organization was establishedupon a decision of the historicalsummit which took place in Rabat,kingdom of morocco on 12th Rajab1389 Hijrah (25 September 1969) as aresult of criminal arson of Al-AqsaMosque in occupied Jerusalem


5/36

It was established by the First IslamicConference of Foreign Ministers, held inJeddah, Kingdom of Saudi Arabia, inMuharram 1390H (February 1970).

The General Secretariat comprises a SecretaryGeneral who is the Chief AdministrativeOfficer of the Organisation and such staff as

the Organisation requires.


6/36

The Secretary General is elected by theCouncil of Foreign Ministers for a period offive years, renewable once only. TheSecretary-General is elected from amongnationals of the Member States in accordancewith the principles of equitable geographicaldistribution, rotation and equal opportunityfor all Member States with due considerationto competence, integrity and experience.


7/36

bring to the attention of the competent organs of the Organisationmatters which, in his opinion, may serve or impair the objectives ofthe Organisation;

follow-up the implementation of decisions, resolutions andrecommendations of the Islamic Summits, and Councils of ForeignMinisters and other Ministerial meetings; provide the Member States with working papers and memoranda, inimplementation of the decisions, resolutions and recommendations

of the Islamic Summits and the Councils of Foreign Ministers; coordinate and harmonize, the work of the relevant Organs of theOrganisation; prepare the programme and the budget of the General Secretariat; promote communication among Member States and facilitateconsultations and exchange of views as well as the dissemination ofinformation that could be of importance to Member States; perform such other functions as are entrusted to him by the IslamicSummit or the Council of Foreign Ministers; submit annual reports to the Council of Foreign Ministers on thework of the Organisation.


8/36

The personalities having been elected OIC SecretariesGeneral since the establishment of the Organizationare the following: H.R.H. Tunku Abdul Rahman (Malaysia) 1971-1973 H.E. Hassan Al-Touhami (Egypt) 1974-1975 H.E. Dr. Amadou Karim Gaye (Senegal) 1975-1979 H.E. Mr. Habib Chatty (Tunisia) 1979-1984 H.E. Syed Sharifuddin Pirzada (Pakistan) 1985-1988 H.E. Dr. Hamid Algabid (Niger) 1989-1996 H.E. Dr. Azeddine Laraki (Morocco) 1997-2000 H.E. Dr. Abdelouahed BELKEZIZ (Morocco) 2001-

2004 H.E.Prof. Dr. EKMELEDDIN IHSANOGLU (Turkey)2005


9/36

The organization has a singular honor to galvanizethe Ummah into a unified body and have activelyrepresented the Muslims by espousing all causesclose to the heart of over 1.5 billion Muslims of theworld The organization has consultative and cooperativerelations with the UN and other inter-governmentalorganization to protect the vital interests of theMuslims and work for the settlement of conflicts anddisputes involving member states. In safeguarding the true values of Islam and the

Muslims, the organization has taken various steps toremove misperceptions and have strongly advocatedelimination of discrimination against the Muslims inall forms and manifestation.


10/36

Envisages joint action of member states Promotes tolerance and moderation Modernization of the ummah Extensive reforms in all spheres of activitiesincluding sciences and technology Increase the standard of education of memberstatesby having higher institution (Islamic

World Academy of Sciences) Emphasize the good governance and promotionof human rights in the Muslim world (especiallywith regard to rights of children, women andelderly and the family values enriched byIslam.) Enhance Islamic world trading between memberstates (by having Islamic Chamber of Commerceand Industry, ICCI)


11/36

Enhanceand consolidate the bonds of fraternity and solidarityamong the Member States Respect the right of self-determination and non-interference in

the domestic affairs and to respect sovereignty, independenceand territorial of each member state Protect and defend the true image of Islam and encouragedialogue among civilizations and religions Ensure active participation of the member state in globalpolitical, economic and social decision-making processes tosecure their common interest Exert effort to achieve sustainable and comprehensive humandevelopment and economic well-being in member states


12/36

Strengthen intra-Islamic economic and tradecooperation; in order to achieve economicintegration leading to the establishment of anIslamic Common Market Enhance and develop science and technologyand encourage research and cooperationamong Member States in these fields


13/36

Reaffirm its support for the rights ofpeoples as stipulated in the UN Charterand international law Safeguard and protect the commoninterests and support the legitimatecauses of the Member States andcoordinate and unify the efforts of the

Member States in view of the challengesfaced by the Islamic world in particularand the international community ingeneral


14/36

SUBSIDIARY ORGANSSPECIALIZED INSTITUTIONS

AND ORGANSAFFILIATED INSTITUTIONS

STANDING COMMITTEES


15/36

Definition:The under-mentioned Organs are established within theframework of the Organization of the Islamic Conferencein accordance with a resolution adopted by the IslamicConference of Kings and Heads of State and Governmentor the Islamic Conference of Foreign Ministers. MemberStates shall automatically become members of theseorgans and their budgets shall be approved by the IslamicConference of Foreign Ministers.

Statistical, Economic, Social Research and Training Centerfor Islamic Countries (SESRIC) Research Center for Islamic History, Art and Culture(IRCICA) Islamic University of Technology (IUT) Islamic Center for the Development of Trade (ICDT) International Islamic Fiqh Academy (IIFA) Islamic Solidarity Fund and its Waqf (ISF) Islamic University in Niger Islamic University in Uganda


16/36

DEFINITIONThese are established within the framework of theOrganization of the Islamic Conference in accordance witha resolution adopted by the Islamic Conference of Kingsand Heads of State and Government or Islamic Conferenceof Foreign Ministers. Membership to these organs isoptional and open to OIC Member States. Their budgetsare independent of the budget of the Secretariat Generaland those of the subsidiary organs and are approved bytheir respective legislative bodies as stipulated in theirStatutes.To-date, four specialized institutions have beenestablished and they are located in different capitals andcities in the Islamic World - they are the following:

Islamic Development Bank (IDB) Islamic Educational, Scientific and Cultural Organization(ISESCO) Islamic Broadcasting Union (IBU) International Islamic News Agency (IINA)


17/36

DEFINITIONMembership to these institutions is optional and open to institutions andorgans of OIC Member States. Their budgets are independent of thebudget of the Secretariat General and those of subsidiary andspecialized organs. They were established under the auspices of theIslamic Conference of Heads of State and Government or the IslamicConference of Foreign Ministers. Affiliated institutions may be grantedobserver status by virtue of a resolution of the Islamic Conference ofForeign Ministers. They may obtain voluntary assistance from thesubsidiary and specialized organs as well as from Member States.

Islamic Chamber of Commerce and Industry (ICCI) Organization of Islamic Capitals and Cities (OICC) Islamic Solidarity Sports Federation (ISSF) Islamic Committee of the International Crescent (ICIC) World Federation of Arabo-Islamic International Schools (WFAIIS) Organization of the Islamic Shipowners Association (OISA) Islamic Conference Youth Forum for Dialogue and Cooperation (ICYF-DC) International Union of Muslim Scouts (IUMS) Federation of Consultants from Islamic Countries (FCIC) Islamic World Academy of Sciences (IAS) General Council for Islamic Banks and Financial Institutions (GCIBFI) Federation of Contractors from Islamic Countries (FOCIC) OIC Computer Emergency Response Team (OIC-CERT)


18/36

1. ALQUDS COMMITTEE Bayt Mal Al Quds Agency

2. Standing Committees Standing Committee for Information and CulturalAffairs (COMIAC) Standing Committee for Economic and CommercialCooperation (COMCEC) Standing Committee for Scientific andTechnological Cooperation (COMSTECH)

3. Islamic Committee for Economic, Culturaland Social Affairs

4. Permanent Finance Committee 5. Financial Control Organ


19/36

Together we uniteThe organization Islamic Conference


20/36


21/36

the principal judicial organ of the UnitedNations (UN).

established -> in June 1945 by the Charter ofthe United Nations and began work in April

1946. The ICJ was the successor to the Permanent

Court of International Justice.

The Statue of the International Court of Justice isthe main constitutional document constitutingand regulating the Court.

located at The Hague, Netherlands


22/36

The Court is composed of 15

judges, who are elected for

terms of office of nine years

by the United Nations General

Assembly and the Security

Council

It is assisted by a

Registry, its

administrative organ. Itsofficial languages are

English and French.

Since the 1960, four of

the five permanent

members of the Security

Council (France, Russia,UK and the US have

always had a judge on

the court.

MEMBERS OF THE ICJ


23/36


24/36

In order to be elected, a candidate mustreceive an absolute majority of the votes In order to ensure a measure of continuity, onethird of the Court is elected every three years. Judges are eligible for re-election. Should ajudge die or resign during his or her term ofoffice, a special election is held as soon aspossible to choose a judge to fill the unexpiredpart of the term. Elections are held in New York (United States ofAmerica) on the occasion of the annual autumnsession of the General Assembly.


25/36

The ICJ acts as a world court The court has dual jurisdiction

The ICJ decides in accordance with theInternational Law disputes of a legal naturethat are submitted to it by the States The ICJ also gives advisory opinion on legal

question at the request of the organs of theUnited Nation or specialized agenciesauthorized to make such a request.


26/36

The Courts role is to settle, in accordancewith international law, legal disputessubmitted to it by States and to give advisoryopinions on legal questions referred to it byauthorized United Nations organs andspecialized agencies. The ICJ has heard cases related to warcrime, illegal state interference and ethniccleansing, among others continueto hear cases.


27/36

Contentious cases Only States (States Members of the United Nations and other States whichhave become parties to the Statute of the Court or which have acceptedits jurisdiction under certain conditions) may be parties to contentiouscases. The Court is competent to entertain a dispute only if the States concernedhave accepted its jurisdiction in one or more of the following ways:

by entering into a special agreement to submit the dispute to the Court; by virtue of a jurisdictional clause, i.e., typically, when they are parties to atreaty containing a provision whereby, in the event of a dispute of a given typeor disagreement over the interpretation or application of the treaty, one of themmay refer the dispute to the Court; through the reciprocal effect of declarations made by them under the Statute

whereby each has accepted the jurisdiction of the Court as compulsory in theevent of a dispute with another State having made a similar declaration. Anumber of these declarations, which must be deposited with the United NationsSecretary-General, contain reservations excluding certain categories of dispute.


28/36

Proceedings may be instituted in one of two ways:

through the notification of a special agreement: thisdocument, which is of a bilateral nature, can be lodged withthe Court by either of the States parties to the proceedingsor by both of them. A special agreement must indicate thesubject of the dispute and the parties thereto. Since there isneither an applicant State nor a respondent State, in the

Courts publications their names are separated by anoblique stroke at the end of the official title of the case,e.g., Benin/Niger;

by means of an application: the application, which is of aunilateral nature, is submitted by an applicant State againsta respondent State. It is intended for communication to thelatter State and the Rules of Court contain stricterrequirements with respect to its content. At the end of theofficial title of the case the names of the two parties areseparated by the abbreviation v.(for the Latin versus),e.g., Nicaragua v. Colombia.


29/36

Advisory proceedings Advisory proceedings before the Court are open solely to five organsof the United Nations and to 16 specialized agencies of the United

Nations family. The United Nations General Assembly and Security Council mayrequest advisory opinions on any legal question. Other UnitedNations organs and specialized agencies which have beenauthorized to seek advisory opinions can only do so with respect tolegal questions arising within the scope of their activities. When it receives a request for an advisory opinion, the Court, inorder that it may give its opinion with full knowledge of the facts, isempowered to hold written and oral proceedings, certain aspects ofwhich recall the proceedings in contentious cases. In theory, theCourt may do without such proceedings, but it has never dispensedwith them entirely. A few days after the request is filed, the Court draws up a list ofthose States and international organizations that will be able tofurnish information on the question before the Court.


30/36

The ICJ has been criticized with respect to itsrulings, its procedures and its authority

Major criticisms to the ICJ- Organization, private enterprise and

individual cannot have their case taken to theICJ

- The ICJ does not enjoy a full separation ofpower, with permanent members of the

Security Council being able to vetoenforcement of even cases to which theyconsented in advance to be bound


31/36

1. Settle disputes between two statesE.g : The dispute of the sovereignty ofthe Pulau Batu Puteh between Malaysiaand Singapore

2. Settle territorial and maritime disputesE.g : Territorial and Maritime dispute

between Nicaragua and Colombia

3. Triad war crime cases and ethnic cleansing

E.g : The genocide in Bosnia


32/36

Both ICJ and OIC plays important roles inorganizing their own organization. Both ofthe organization aimed to achieve peace inthe world and avoid the dispute through theirpolicies. Both of them work together tomaintain the stable condition of world. Bothof the organization protects their owninterest in order to achieve the mission oftheir organization.


33/36


34/36


35/36


36/36

THE END

Documents

The International Court of Justice (ICJ)