The international court of justice at the crossroad between law and politics the example of the caselaw on nuclear weapons

Abstract

The International Court of Justice is identified by Article 92 of the United Nations Charter as the “principal judicial organ of the United Nations”. This definition has consecrated the International Court of Justice as the World Court, as the guardian of the application of international law. Is this picture still actual? Is the International Court of Justice currently performing a guardian role? What does it happen when highly politically sensitive issues, like nuclear proliferation and nuclear disarmament, arrive before this Court? To address these questions, this work will analyse the case-law of the International Court of Justice on nuclear weapons. Retracing the jurisprudence of this Court on this issue will shade a light on many characteristics of the World Court and its members, questioning its concrete role in the present international arena.