The International Court of Justice: As a Partner in Preventive Diplomacy.

• Author: Schwebel, Stephen M.

The International Court of Justice (ICJ) plays a part in the peaceful settlement of international disputes, in furtherance of the first purpose of the United Nations: "to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace". The Court fulfils this role not only by its function of adjudication of international disputes - disputes which, if unresolved, might lead to a breach of the peace but, far more often, disputes which are an element of the routine interaction of international relations. On occasion, the Court's judicial activity is complemented by political methods of dispute settlement by the parties to the dispute and by UN organs other than the Court, which is "the principal judicial organ of the United Nations".

The ICJ is not a substitute for the UN Security Council. The treasured ideal of the early peace movement of this century - that resort to international adjudication would prevent the outbreak of war - proved to be unrealistic. Far from international adjudication generally preventing war, it is peace that conduces to the settlement of inevitable international disputes by adjudication. The Permanent Court of International Justice flourished in the 1920s, in a decade of detente, and declined in the 1930s, with the rise of international tensions provoked by the Axis Powers. Since the end of the cold war, the ICJ has had a heavier docket than ever before.

International disputes often comprise various aspects: political, legal, economic, social and other. Some disputes may be best settled if legal and other methods of settlement are deployed in a complementary way; at the same time, a court - not least an international court - must act in response solely to legal considerations. The ICJ has shown itself able to work together with political organs of the United Nations while preserving its judicial integrity. At times, recourse to the Court has promoted a negotiated settlement of the dispute by the parties themselves. Indeed, on occasion, the mere threat of recourse to the Court,express or implied, by one party to a dispute has moved the other party towards a negotiated solution.

The ICJ and the Security Council may act as partners in the maintenance of international peace and security. While the UN Charter confers on the Council "primary responsibility for the maintenance of...