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January 2017 Forecast.Indd January 2017 Monthly Forecast 1 In Hindsight: The Overview Security Council and the International Court of Justice Sweden takes on the presidency of the Security report on MONUSCO; 3 Status Update since our Council in January and has planned a ministeri- • Mali, a discussion on MINUSMA; December Forecast al-level open debate on conflict prevention and • Somalia, an update on the activities of 5 Conflict Prevention sustaining peace, chaired by its foreign minister, UNSOM and AMISOM; 6 Syria Margot Wallström. Incoming Secretary-General • Sudan, on the activities of UNAMID in Dar- António Guterres will present his ideas for how he fur and the work of the 1591 Sudan Sanctions 8 Democratic Republic of the Congo plans to approach the issue of prevention. Committee: and Council members will be closely following • UNOWAS, update on the activities of the UN 10 Sudan (Darfur) developments in Syria, and meetings are planned Office in West Africa and the Sahel. 11 UN Office for West on the chemical weapons, humanitarian and polit- Other issues on the January programme of Africa and the Sahel ical tracks. There will also be the quarterly open work include: 13 Israel/Palestine debate on Israel/Palestine. • Cyprus, the quarterly discussion on UNFIC- 14 Mali Council members will continue to monitor YP and renewal of the mission’s mandate; and 15 Iran developments in South Sudan. Other African • Iran, on the implementation of resolution issues that will be considered are: 2231, which endorsed the Joint Comprehen- 17 Somalia • CAR, the renewal of the sanctions regime and sive Plan of Action (JCPOA) on Iran’s nuclear 18 Cyprus the mandate of the Panel of Experts; programme 20 Central African • DRC, an update on developments in the coun- Throughout the month, Council members will Republic try following the 19 December expiry of the be monitoring developments in Burundi, Guinea- 21 South Sudan term of the country’s president and the latest Bissau and Yemen. 24 Notable Dates In Hindsight: The Security Council and the International Court of Justice The UN Charter envisioned a symbiotic rela- annexed to the Charter itself, meaning that all tionship between the Security Council and the UN member states are automatically parties to International Court of Justice (ICJ), the prin- the Statute. The ICJ is mandated to settle conten- cipal judicial organ of the UN. However, the tious legal disputes submitted by states against Council has scarcely made use of the ICJ as other states in accordance with international law. an instrument, or “tool”, in the exercise of its Judgments given in contentious cases between responsibility for the maintenance of interna- states are binding on the parties. The Court also tional peace and security. In its latest research gives advisory opinions to the Council, the Gener- 28 December 2016 This report is available online at report on the rule of law of 20 December 2016, al Assembly and other authorised bodies on legal securitycouncilreport.org. Security Council Report examines the relation- questions referred to it by these entities. For daily insights by SCR on evolving ship between the Security Council and the ICJ, One of the tools available to the Council to Security Council actions please subscribe to our “What’s In Blue” including options for enhancing that relationship peacefully settle international disputes affecting series at whatsinblue.org or follow to assist the Council in its work. international peace and security is to make use of @SCRtweets on Twitter. The ICJ was established in 1945 by the same the ICJ’s jurisdiction in such cases (Article 36 (3) constitutive instrument as the Security Council, of the UN Charter) or to ask it to provide advisory the UN Charter, to act as the principal judicial opinions on legal questions that arise in the Coun- organ of the UN. The Statute of the Court is cil’s work (Article 96 (1)). At the same time, the Security Council Report Monthly Forecast January 2017 securitycouncilreport.org 1 In Hindsight: The Security Council and the International Court of Justice (con’t) Charter also gives the Council responsibility of the Council’s mandate, in contrast to the request advisory opinions of the ICJ on legal for addressing instances of non-compliance potentially fruitful interaction between the issues that arise within the Secretariat’s work, by states with the Court’s judgments brought two organs envisaged in the UN Charter. The including work related to matters of interna- before the Council (Article 94 (2)). In addi- Charter gives much discretion to the Council tional peace and security. At present, the Sec- tion, the Council—jointly with the General in how to use the tools at its disposal, includ- retariat is the only principal UN organ not Assembly—elects the judges of the ICJ, and ing the ICJ, but after more than 70 years it is authorised to make such requests. This power the President of the ICJ briefs the Council in evident that the Council has failed to effec- could be conferred on the Secretariat by the a private meeting annually. tively resort to the Court or press disputing General Assembly under Article 96(2) of the To date, the Council has only recom- states to do so, where relevant. UN Charter. Various proposals to this effect mended that states refer their dispute to the This failure is part of a larger Council have been made over the years, including by ICJ under Article 36 (3) on one occasion, in dynamic: the Council has been reluctant to several Secretaries-General: Trygve Lie, Dag the Corfu Channel Case—the first proceed- resort to other UN organs and external actors Hammarskjöld and Boutros Boutros-Ghali. ing of the ICJ—when on 9 April 1947 in that it does not control and whose actions The latter included such a proposal in his resolution 22 it recommended that Albania it cannot necessarily predict. Instead, the 1992 report An Agenda for Peace. The inten- and the UK immediately refer their dispute Council has opted to retain control and deci- tion was that the Secretary-General would to the Court. The resolution was adopted sion-making powers at the possible expense of then be able to use this power to assist his with eight votes in favour and two absten- effectiveness while not taking full advantage role as mediator and provider of good offices tions, from Poland and the USSR, while of its options. From the perspective of the P5, between states. the UK, as a party to the dispute, abstained when it comes to the Court more specifically, Requesting an advisory opinion on a spe- from voting in accordance with Article the Court’s jurisprudence has, at times, been cific legal issue between states could help 27(3) of the Charter. Similarly, the Coun- perceived as hostile to their interests. resolve matters that cause an impasse and cil has requested only one advisory opinion Of course, not every international conflict assist the relevant parties in moving forward from the Court, on 29 July 1970 in reso- situation on the Council’s agenda could or to resolve further issues. It could also help the lution 284, when it asked for an advisory should be brought before the ICJ. Yet, as a Secretary-General overcome legal uncertain- opinion on the legal consequences for states general rule, the Council could make a more ties that might arise in the context of the Sec- of South Africa’s continued presence in concerted effort to use all of the tools at its retariat’s work while performing tasks given Namibia. As for non-compliance, the Coun- disposal to resolve and avoid conflicts or, at to it by the Council. In addition, the ability cil has yet to use its powers under Article the very least, consider the utility of these of the Secretary-General to request an advi- 94(2) to enforce a judgment. However, one tools when solutions to conflicts are sought. sory opinion from the Court would be the attempt to have the Council exercise that The potential usefulness of the ICJ to the equivalent of his power under Article 99 of authority was when Nicaragua requested, in work of the Council should not be over- the Charter to bring issues to the attention a letter to the president of the Council on looked, and interaction with the Court, as of the Council on his own initiative. The fact 17 October 1986, an emergency meeting to envisioned by the UN Charter, could regu- that the Secretary-General would have the consider the failure of the US to execute the larly be considered. discretion to make such requests, as opposed ICJ’s judgment of 27 June 1986 against it The Secretariat and other entities brief- to needing to obtain agreement from a major- in the Military and Paramilitary Activities in ing the Council should likewise bear in ity of states in other UN organs, would sim- and against Nicaragua Case. The US vetoed mind, in their interaction with the Council, plify the request process and remove the poli- a draft resolution calling for full and imme- the possible role the ICJ could play in assist- tics involved in obtaining a majority in those diate compliance with the ICJ judgment on ing the Council in the successful execution other organs. 28 October 1986. of its responsibilities. A more prominent role for the Court Over the years, not only the Council The relationship between the Coun- with respect to the Security Council’s work, but also other member states and the Sec- cil and the ICJ could also benefit if certain whether on the Council’s initiative or other- retariat have largely refrained from taking changes occur and decisions are taken out- wise, would likely strengthen the effectiveness advantage of the possible contribution the side the Council.
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