December 9, 2022

Simplifying the UN Charter-Part VIII- ICJ and Secretariat

This article is a part of the lawmatics series on ‘Simplifying the Charter of United Nation’. In our last articles, we have discussed the

Part I- purposes and principles of United Nation ,

Part II- Membership and Organs of United Nations,

Part III- General Assembly,

Part IV- Security Council, as per its charter,

Part V- Pacific Settlement, use of force by Security council and Military staff committee

Part VI- Simplifying the UN Charter-Part VI- International Economic and Social Corporation and Economic and social council

Part VII- Simplifying the UN Charter-Part VII- Trusteeship system

In this article, we will discuss the provision related to International court of Justice and Secretariat.

CHAPTER XIV THE INTERNATIONAL COURT OF JUSTICE

Article 92 (Principle Judicial Organ)

The International Court of Justice shall be the principal judicial organ of the United Nations. It shall function in accordance with the its Statute, which is based upon the Statute of the Permanent Court of International Justice and forms an integral part of the present Charter.

Article 93 (Composition)

All Members of the United Nations are ipso facto parties to the Statute of the International Court of Justice.

Article 94 (Duty of Members and Implementation of Judgement)

1. Each Member of the United Nations undertakes to comply with the decision of the International Court of Justice in any case to which it is a party.

2. If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment.

Article 96 (Advisory opinion by ICJ)

1. The General Assembly or the Security Council may request the International Court of Justice to give an advisory opinion on any legal question.

2. Other organs of the United Nations and specialized agencies, which may at any time be so authorized by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.

CHAPTER XV THE SECRETARIAT

Article 97 (composition of secretariat)

  • The Secretariat shall comprise a Secretary-General and such staff as the Organization may require.
  • The Secretary-General shall be appointed by the General Assembly upon the recommendation of the Security Council. He shall be the chief administrative officer of the Organization.

Article 98 (Functions of the secretary)

The Secretary-General shall act in that capacity in all meetings of the

  • General Assembly,
  • of the Security Council,
  • of the Economic and Social Council, and
  • of the Trusteeship Council, and
  • shall perform such other functions as are entrusted to him by these organs.

The Secretary-General shall make an annual report to the General Assembly on the work of the Organization.

Article 99

The Secretary-General may bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security.

Article 100 (Obligation)

1. In the performance of their duties the Secretary-General and the staff shall not seek or receive instructions from any government or from any other authority external to the Organization.

They shall refrain from any action which might reflect on their position as international officials responsible only to the Organization.

2. Each Member of the United Nations undertakes to respect the exclusively international character of the responsibilities of the Secretary-General and the staff and not to seek to influence them in the discharge of their responsibilities.

Article 101 (staff)

1. The staff shall be appointed by the Secretary-General under regulations established by the General Assembly.

2. Appropriate staffs shall be permanently assigned to the Economic and Social Council, the Trusteeship Council, and, as required, to other organs of the United Nations. These staffs shall form a part of the Secretariat.

3. The paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence, and integrity. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible.

Reference

Charter of the United Nation

This is the last article of this series. Any other article related to UN will be published on the lawamtics individually.