Chapter VII. Decisions and advisory opinions of international tribunals

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Chapter VII

DeCIsIons AnD ADVIsoRy oPInIons oF InteRnAtIonAL tRIBUnALs

A. International Court of Justice¹The International Court of Justice is the principal judicial organ of the United Nations It was established in June 1945 by the Charter of the United Nations and began work in April 1946

1. Judgments

(a) Territorial and Maritime Dispute (Nicaragua v Colombia), Judgment, 19 November 2012

(b) Questions relating to the Obligation to Prosecute or Extradite (Belgium v Senegal), Judgment, 20 July 2012

(c) Ahmadou Sadio Diallo (Republic of Guinea v Democratic Republic of the Congo), Compensation owed by the Democratic Republic of the Congo to the Republic of Guinea, Judgment, 19 June 2012

(d) Jurisdictional Immunities of the State (Germany v Italy: Greece intervening), Judgment, 3 February 2012

2. Advisory opinions

Judgment No. 2867 of the Administrative Tribunal of the International Labour Organization upon a Complaint Filed against the International Fund for Agricultural Development, Advisory Opinion, 1 February 2012

¹The texts of the judgments, advisory opinions and orders are published in the ICJ Reports Summaries of the judgments, advisory opinions and orders of the Court are provided in English and French on its website http://www icj-cij org In addition, the summaries can be found in all six official languages of the United Nations on the website of the Codification Division of the United Nations Office of Legal Affairs, http://www un org/law/ICJsummaries/ For more information about the Court’s activities, see, for the period 1 August 2011 to 31 July 2012, Report of the International Court of Justice, Official Records of the General Assembly, Sixty-seventh Session, Supplement No. 4 (A/67/4) At the time of publication, the report covering the period 1 August 2012 to 31 July 2013 was forthcoming

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3. Pending cases and proceedings as at 31 December 2012

(a) Construction of a Road in Costa Rica along the San Juan River (Nicaragua v Costa Rica) (2011-).

(b) Request for interpretation of the Judgment of 15 June 1962 in the case concerning the Temple of Preah Vihear (Cambodia v Thailand) (2011-).

(c) Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v Nicaragua) (2010- ).

(d) Frontier Dispute (Burkina Faso/Niger) (2010- )
(e) Whaling in the Antarctic (Australia v Japan) (2010- )
(f) Aerial Herbicide Spraying (Ecuador v Colombia) (2008- )
(g) Maritime Dispute (Peru v Chile) (2008- )
(h) Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v Serbia) (1999- )

(i) Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v Uganda) (1999- )

(j) Gabčíkovo-Nagymaros Project (Hungary v Slovakia) (1993- )

B. International tribunal for the Law of the sea²The International Tribunal for the Law of the Sea is an independent permanent tribunal established by the United Nations Convention on the Law of the Sea, 1982 ³

The Agreement on Cooperation and Relationship between the United Nations and the International Tribunal for the Law of the Sea,⁴signed by the Secretary-General of the United Nations and the President of the Tribunal on 18 December 1997, establishes a mechanism for cooperation between the two institutions

1. Judgments and orders

(a) Case No. 20—The “ARA Libertad” Case (Argentina v Ghana), Order, Request for the prescription of provisional measures, 15 December 2012

(b) Case No. 19—The M/V “Virginia G” Case (Panama/Guinea-Bissau), Order, 2 November 2012

(c) Case No. 16—Dispute concerning Delimitation of the Maritime Boundary between Bangladesh and Myanmar in the Bay of Bengal (Bangladesh/Myanmar), Judgment, 14 March 2012

²For more information about the Tribunal’s activities, including relating to orders rendered in 2012, see the Annual report of the International Tribunal for the Law of the Sea for 2012 (SPLOS/256) and the Tribunal’s website at http://www itlos org

³United Nations, Treaty Series, vol 1833, p 3

⁴Ibid , vol 2000, p 468

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2. Pending cases and proceedings as at 31 December 2012

(a) Case No. 19—The M/V “Virginia G” Case (Panama/Guinea-Bissau) (2011- )

(b) Case No. 18—The M/V “Louisa” Case (Saint Vincent and the Grenadines v Kingdom of Spain) (2010- )

C. International Criminal Court⁵The International Criminal Court is an independent permanent court established by the Rome Statute of the International Criminal Court, 1998⁶The Relationship Agreement between the International Criminal Court and the United Nations, 2004,⁷outlines the relationship between the two institutions

In 2012, the Court continued to consider the situations in Uganda, the Democratic Republic of the Congo, Darfur (the Sudan), the Central African Republic, Kenya, Libya and Côte d’Ivoire In addition, on 18 July 2012, the Government of Mali referred to the Prosecutor the situation of crimes allegedly committed in the territory of Mali as of January 2012

Furthermore, the Office of the Prosecutor conducted preliminary examinations in various situations, including Afghanistan, Colombia, Georgia, Guinea, Honduras, Nigeria and the Republic of Korea

On 3 April 2012, the Office of the Prosecutor concluded that the declaration lodged by the Palestinian National Authority under article 12, paragraph 3, of the Rome Statute on 22 January 2009 accepting jurisdiction of the Court did not meet its statutory requirements

On 14 March 2012, the Court issued its first verdict in the case of The Prosecutor v Thomas Lubanga Dyilo (ICC-01/04–01/06) (see below under Democratic Republic of the Congo)

1. situations and cases before the Court as at 31 December 2012

( a ) Situation in Uganda

In December 2003, the situation concerning Northern Uganda was referred to the Court by Uganda In July 2004, the Prosecutor opened an investigation

Pending case

The Prosecutor v Joseph Kony, Vincent Otti, Okot Odhiambo and Dominic Ongwen (ICC-02/04–01/05)

⁵For more information about the Court’s activities, see Report of the International Criminal Court, for the period 1 August 2011 to 31 July 2012 (A/67/308) At the time of publication, the report covering the period 1 August 2012 to 31 July 2013 was forthcoming See also the Court’s website at http://www icc-cpi int

⁶United Nations, Treaty Series, vol 2187, p 3

⁷Ibid , vol 2283, p 195

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( b ) Situation in the Democratic Republic of the Congo

In March 2004, the situation was referred to the Court the Democratic Republic of the Congo In June 2004, the Prosecutor opened an investigation

(i) Judgments delivered by the Trial Chamber

(a) The Prosecutor v Mathieu Ngudjolo...