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: Albania v. Islamic Republic of Iran

Since 2022, various cyberattacks rendered many of Albania’s government websites and digital services temporarily inoperable. Albania alleges that Iran has orchestrated and sponsored these attacks, though the Iranian government has denied responsibility or any involvement in the matter. In response, Albania severed diplomatic ties with Iran and expelled Iranian diplomats from the country. This fictitious case simulates proceedings brought by Albania against Iran for such extraterritorial cyber operations, which Albania claims are in violation of international law. Despite the growing prevalence of cyber warfare in today’s information age, there are no international treaties or frameworks governing the legality of such actions in wartime or peacetime. As such, delegates will first have to acquaint themselves with existing laws surrounding concepts of sovereignty, developed through cases like Republic of Nicaragua v. The United States of America (1986). Delegates will need to decide what precedents (if any) can be translated from physical ideas of sovereignty to digital spaces. As cyberwarfare continues to become more and more advanced, these questions will become increasingly important to maintaining global peace.

Topic B: Advisory Opinion on States' Obligations Regarding Climate Change

The UN General Assembly Resolution 77/276 called for the International Court of Justice to draft an Advisory Opinion on the obligations of states with respect to climate change. This request comes after complaints from numerous countries that other countries, particularly the most developed countries, are shirking their commitments made under the Paris Climate Accords. Further COP meetings have struggled to hold these countries accountable, so the General Assembly has now turned to the ICJ. Among the questions to be answered within this Advisory Opinion are: What must states do to protect our environment? What are the legal consequences for States who have harmed the climate? How can the international community protect at-risk countries and populations? How will climate change policies affect future generations impacted by climate change? As judges, delegates must carefully examine the Paris Climate Agreement and other international treaties regarding climate change to determine the legal answer to these increasingly pressing questions. An ICJ ruling presents the opportunity to transform international climate efforts and bring clarity to what a climate commitment truly means for states.