As the ‘world court’ turns 80, Guterres says law must prevail over force

The ICJ – the UN’s highest tribunal – settles disputes submitted by States and provides advisory opinions on legal questions referred by UN organs and agencies. Known as “the world court,” it is located at the Peace Palace in The Hague. 

Speaking from the Dutch city, the Secretary-General reflected on the court’s establishment in the aftermath of the Second World War. 

Cornerstone for peace 

Amid this “dark and difficult moment”, world leaders chose “to reject a future ruled by coercion and violence” for one rooted in the UN Charter and international law. 

They built a Court “founded on one overriding conviction: the force of law must always prevail over the law of force,” he said. 

“In doing so, they did more than create the principal judicial organ of the United Nations.  They laid down a cornerstone of a more peaceful world.” 

Learn more about the ICJ in our explainer. 

Trust and respect 

Over the past eight decades, ICJ judgements and advisory opinions have shaped the modern world and the growing number of cases before the Court today are “a clear sign of trust in its authority and independence,” the Secretary-General said, while efforts to modernize its working methods and increase gender representation on the bench were signs of progress. 

“The Court continues to be a guarantor that sovereignty and equality are not mere words on paper. It is also a reminder that even overwhelming strength cannot – and must not – replace legal obligation,” he continued.

He stressed that the Court’s decisions, including provisional measures, are binding and respecting them is not optional but an obligation under the UN Charter. 

Erosion of international law 

The Secretary-General warned, however, that this rules-based system is under strain. 

“Violations of international law are unfolding before our eyes. Military operations trample the basic rules that govern conflict. Humanitarian obligations are ignored,” he said.

Moreover, the rules of international law that protect the UN are violated while the ICJ and other justice institutions are increasingly questioned and challenged.

“This erosion is not happening at the margins of the international system. It is happening at its core – including by States entrusted with unique responsibilities for the maintenance of international peace and security,” he said, warning against the consequences. 

“When the law of force replaces the force of law, instability becomes contagious.  

“Conflicts spill across borders.   Economic shocks reverberate around the world. 

“And the most vulnerable always suffer first and suffer most.” 

Make the right choice 

The Secretary-General said the international community is today facing “our own moment of crisis” in choosing between a future governed by the rule of law or by raw power, and he insisted that the choice is clear. 

“It is precisely because the international system is under such strain that adherence to international law matters more than ever – especially in this era of changing power relations,” he said. 

Mr. Guterres urged countries to strengthen international law, recommit to the peaceful settlement of disputes, respect ICJ judgements, follow through on its advisory opinions and uphold the UN Charter. 

“In this moment of crisis, that is the only right choice,” he said. “Let us have the courage to make it.”