Committee Overview
The International Court of Justice (ICJ) was created by the United Nations Charter in June 1945 as the UN’s principal judicial organ. The ICJ is currently located at the Peace Palace in The Hague, Netherlands. The primary intent of the ICJ is to settle international legal disputes between states and to give advisory opinions to the other organs of the UN. Created right after the conclusion of the International Military Tribunal (the Nuremberg Trials) and the International Military Tribunal of the Far East (the Tokyo Trials), the ICJ was developed at a time of rising interest and faith in international courts. The ICJ is comprised of fifteen judges serving nine-year terms, rotating five seats every three years. Judges of the Court are elected by an absolute majority in both the General Assembly and the Security Council. Members of the Court may not hold any other position in any capacity, be it legal counsel or advisory, outside of the Court during their term. Members are eligible for re-election, and every three years, the President and Vice-President of the Court are elected by secret ballot. The President’s roles include breaking tied votes, attending every session of the ICJ, and residing in The Hague while receiving monetary compensation to do so. Furthermore, parties who are of the same interest and privy to a case that does not have a judge of its nationality on the Court may request an ad-hoc judge. For example, in a two-party case in which both parties are of separate interest and do not have judges sitting on the Court, the parties may request two ad-hoc judges for a total of seventeen judges.
Topic A: Egypt v. Ethiopia
The Grand Ethiopian Renaissance Dam (GERD), a massive infrastructure project initiated by Ethiopia, has raised significant concerns in Egypt and Sudan due to its potential impacts on downstream water flow and availability. This fictitious case of Egypt v. Ethiopia at the International Court of Justice (ICJ) addresses the contentious issues surrounding the construction of the GERD on the Blue Nile River. Egypt relies heavily on the Nile River for its freshwater needs and fears that the GERD could heavily reduce water levels. This would affect Egypt’s agriculture, industry, and the overall livelihood of its population. Ethiopia argues that the dam is crucial for its development with the goal to generate hydroelectric power to support economic growth and decrease poverty. This dispute raises important questions about trans-border water rights, international water law, and equitable use of shared water resources. Delegates of the ICJ will be challenged to consider how national interests may conflict with international laws on resource use.
Topic B: Advisory Opinion - South China Sea Arbitration
Sovereignty and the right for every country to have control over its borders is a key principle of the United Nations (UN) Charter. When members violate these core principles, the International Court of Justice (ICJ) is the highest court to decide these disputes. Since 2009, the People’s Republic of China has argued that their nine-dash line justified their claim over the South China Sea. China believes that their claim is rooted in its history dating back to naval expeditions from the 15th century. In addition to China, the Philippines, Vietnam, Malaysia, Indonesia, Taiwan, and Brunei, all claim parts of the Spratly Islands in the South China Sea. However, these other countries have all continued to respect the UN Convention on the Law of the Seas (UNCLOS). This Convention states that territorial waters extending 200 nautical miles fall under a state’s exclusive economic zone (EEZ). A state’s EEZ is considered part of its sovereign territory, granting it exclusive rights to the trade and resources there. While the Spratly Islands are a remote, uninhabited archipelago of islands claimed by all countries, China desires lone control over the Islands to bolster its military presence and acquire the region’s resources, such as oil and natural gas. To solidify this claim, China has been pumping sand and rock onto the islands. The building of man-made islands has led to the Philippines filing a claim with the Permanent Court of Arbitration in 2013. The PCA later ruled in favor of the Philippines in 2016, stating that China violates UNCLOS through its actions. Now, the ICJ has been called upon to review this case. The claimants in the South China Sea have requested the Court to provide an advisory opinion on the situation. As the Justices of the Court, delegates must determine whether states have a legal obligation to respect the maritime rights of the Spratly Islands once and for all.