The role of the International Court of Justice in applying the principles of the prohibition of the use of force or the threat of its use.

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

International humanitarian law is a fundamental part of public international law and is one of the oldest entities of international norms. The International Court of Justice, as the primary judicial body of public international law, contributes to understanding the fundamental values of the international community expressed in international humanitarian law. Accordingly, court rulings are not a source of law, but the opinions of the International Court of Justice are unanimously considered the best articulation of the content of currently applicable international law. Therefore, from the perspective of public international law, international law for litigation is of utmost importance in defining the legal framework of humanitarian law. The International Court of Justice, Since its brief and ambiguous reference, drawing attention to the initial considerations of humanity, in its first judgment issued on April 9, 1949, in the Corfu Channel case, it had the opportunity to address issues related to international law in two cases that sparked much debate: the judgment delivered on June 27, 1986, concerning "military and paramilitary activities in and against Nicaragua," and the advisory opinion presented ten years later on July 8, 1996, regarding the legality of the threat of the use of nuclear weapons or their use.

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