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78 PRESENTATION LETTER VIII Fórum FAAP de Discussão Estudantil – 2012 It is with great honor that we, Amanda and Gisela, present our Study Guide Project. We both study law here at Faap, and because of that, we thought it would be extremely interesting to have, for the very first time, the International Court of Justice being simulated in the Fórum Faap. I, Amanda Butros, have already participated in many Model United Nations: in Fórum FAAP as a delegate in 2009, in IMF, in 2010 as a volunteer, in CDH, and in 2011 as director of the Security Council; in Fórum FAAP Júris as delegate, in OMC, in UFRGSMUN also as delegate in the Security Council and in HNMUN as a delegate in the Specpol committee. The Model United Nations, nowadays, have a nice importance in my life because every time I participate of a simulation I understand more about the world and the feeling of compassion grows on me. Hence, the Model United Nations are becoming more important each year, it is becoming normal to find a report, a newspaper or a magazine talking about them. I, Gisela Costa Neves, have already participated in the Fórum Faap several times; when I was in high school, I participated twice as a delegate, firstly in the PNUMA committee, in the third edition, and in the fourth edition, I participated in the OMC committee. Already in college, I have participated three times, once as a volunteer and twice as a director. In 2009, in the fifth edition of Fórum Faap, I was a volunteer in the Cop-15 and the following year, in the sixth edition, I was the Deputy-Director in the Security Council. Last year, in the seventh edition of Fórum Faap, I was the Director of the Counter-Terrorism Committee. I personally adore this simulation, because every time I participate I feel like I become wiser, more responsible and more aware of my potential. The International Court of Justice (ICJ) will be very interesting to simulate, since it has never been in the Fórum Faap. We are sure that the students will improve their knowledge through this committee. They will represent judges that are independent from their countries. The members of the Court are judges, more specifically 15, that are elected with an absolute majority from both the General Assembly and Security Council. The Court, according to article 1 of the Statute of the International Court of Justice, is the principal judicial organ of the United Nations 1 , and was created to peacefully decide disputes between Nations in consonance with the international law. The theme we will present is very important because it is going to make the delegates reflect and know about how hard is the feeling of judge. It involves a death of a member of the Rainbow Warrior and many nuclear tests made by France. The delegates will have to decide if France has to be punished and in case the answer is positive, which sanction shall be applicable to this case. We hope you enjoy the sections, learn a lot and take the best from this experience as we have done so far. Yours sincerely, AMANDA AND GISELA
Guia de Estudos / Study Guide / Guia de Estudios History of the Court The International Court of Justice (ICJ) is the most important judicial organ of the United Nations (UN) and it was established in 1945, the same year as the UN, through the United Nations Charter 2 . The Court began its activities the following year as a replacement of the Permanent Court of International Justice (PCIJ). The International Court of Justice is the successor of the Permanent Court of International Justice (PCIJ) which was created in 1922 and formally dissolved in 1946. The PCIJ was the “first permanent international tribunal with general jurisdiction” 3 and contributed towards the development of the international law. Attached to the United Nations Charter, is the Statute of the International Court of Justice. The Statute verses over the organization of the Court, its competence and procedures. The Court’s composition is of 15 judges who are elected by two of the United Nations organs: the Security Council (SC) and the General Assembly (GA). To be elected, the candidate must receive an absolute majority (2/3 of 15) of the votes in the general Assembly and Security Council, according to article 10 of the Statute. 4 The Court is composed by independent judges,“(…) elected regardless of their nationality from among persons of high moral character, who possess the qualifications required in their respective countries for appointment to the highest judicial offices, or are jurisconsults of recognized competence in international law.” 5 In a time where the United Nations was searching for methods to solve disputes between countries in a peaceful manner, ICJ was created as the as an attempt to decide disputes using international law as instrument and the creation of the Court represented the culmination of a long development of methods for the pacific settlement of international disputes, the origins of which can be traced back to classical times. 6 In 1943, after a conference held amongst the United States, the United Kingdom, China and the Soviet Union (USSR), the need for an International Organization was acknowledged. As a consequence of the conference, these States emitted a declaration that concerned the exigency (…) of establishing at the earliest practicable date a general international organization, based on the principle of the sovereign equality of all peace-loving States, and open to membership by all such States, large and small, for the maintenance of international peace and security. 7 As an aftermath of the declaration, in October/1944, proposals for the foundation of an International Organization were published, and also among them, was the establishment of an international court of justice. The next year, in 1945, a meeting was arranged to prepare a draft of the Statute of the Court of Justice, the future ICJ. Such meeting was conducted by a North American jurist, G. H. Hackworth, and had the presence of 44 jurists, each representing their own State. As a base for the ICJ’s Statute, the PCIJ’s Statute was used, and because of that inspiration, the text was not completely original. The final form of the Statute was discussed by 50 States at the San Francisco Conference, the same which discussed the United Nations Charter. The Conference decided against compulsory jurisdiction and in favor of the creation of an entirely new court, which would be a principal organ of the United Nations, on the same footing as the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council and the Secretariat, and with the Statute annexed to and forming part of the Charter. 8 On the 31 st of January of 1946 the resignation of all PCIJ judges occurred, and, on February 6th 1946, the first members of the ICJ were elected. The formal dissolution of the PCIJ happened in April and also, the first meeting of the ICJ took place. The Court’s first President was Judge José Gustavo Guerrero (El Salvador), who happened to be PCIJ’s last. In 1946, an inaugural public sitting, which was the first official sitting, was held and so, in the following year, the first case was presented and the International Court of Justice started its activities. The Court may be solicited to judge legal disputes between States, which are known as “contentious cases” and also, the court may be claimed to give its advisory opinion, according to article 65 of the Statute 9 and if requested by United Nations organs may also serve on internal issues. An ‘advisory opinion’ is an advice that the Court gives to those organs or States that request one. For example, if the Security Council is not reach- 79
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