However, the importance of the ICJ judgement has been dramatically overplayed by international commentators. |
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The ICJ may be little known, but it is becoming an increasingly important international forum. |
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Community pressure remains in practice the only real sanction for enforcing compliance with arbitral awards, or with judgments of the ICJ or other international tribunals. |
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The ICJ adjudicates on disputes between states and its rulings are binding. |
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The ICJ has competence to indicate interim measures only if the prima facie jurisdiction is satisfied. |
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The ICJ can also be called upon by other UN organs to provide advisory opinions. |
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Other organs of the UN rather than GA and SC may not request an advisory opinion of the ICJ unless the General Assembly authorizes them. |
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Furthermore, the British Government and NATO do not recognise advisory opinion of the ICJ, as interpreter of IHL and referred to by Sands et al. |
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Despite these provisions, the independence of ICJ judges has been questioned. |
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One or both parties to a dispute may apply the ICJ for issuing interim measures. |
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The lawsuit was a reaction to charges filed more than ten years ago by Croatia, which the ICJ in 2008 decided that it would hear. |
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Judges of the ICJ are not able to hold any other post or act as counsel. |
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The ICJ concluded, however, that Serbia failed to prevent genocide committed by Serb forces and failed to punish those responsible, and bring them to justice. |
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The relationship between the ICJ and the Security Council, and the separation of their powers, was considered by the Court in 1992 in the Pan Am case. |
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