The Independent Commission for Human Rights
ii) Compulsory Jurisdiction of the Court: this is also based on the consent of the parties,
though the extent to which they consent can be specified themselves. Once the terms and
conditions of their consent is determined and consent is granted, the States involved are
then obligated to the results of the Court’s findings, and this includes not only general
agreements but also requests for legal interpretation or explanation. Thus, disputes are
brought before the Court with the understanding that the decisions of the Court are binding.
The cases which may be brought before the Court include interpretation of conventions,
investigating violations of an international obligation, or remedies for such violations.
Whether the jurisdiction is optional or compulsory depends on the acceptance of litigation before the Court35. In this way, the ICJ can be seen to have two roles; the first role is
exemplified in issuing advisory opinions, as Article (65) of the Statute states:
“The Court may give an advisory opinion on any legal question at the request of whatever
body may be authorized by or in accordance with the Charter of the United Nations to
make such a request, and questions upon which the advisory opinion of the Court is asked
shall be laid before the Court by means of a written request containing an exact statement
of the question upon which an opinion is required, and accompanied by all documents
likely to throw light upon the question”.
The second role is exemplified in the settlement of disputes between two states that accept the jurisdiction of the Court. It is worth mentioning that Israel does neither accept the
mandate of the Court nor its jurisdiction.
Palestine’s bid to sign on to the Statute of the ICJ might encounter some obstacles, such
as the definition of the concept of “state”, a recommendation from the Security Council to
accept Palestine’s bid to sign on, and Israel’s acceptance of the jurisdiction of the Court.
1.7: Observer State and Universal Periodic Review in the Human
Rights Council 36
Upon Palestine being upgraded to observer state status, it should be considered for participation in the Universal Periodic Review (UPR), in which national human rights institutions play a very important role. The UPR is a process which involves a review of human
rights records at the international level. It is a state-driven process under the auspices of
the Human Rights Council, which provides the opportunity for each state to declare what
actions they have taken to improve the human rights situations in their countries. As one
of the main features of the Council, the Universal Periodic Review is designed to ensure
equal treatment for every country when their human rights situations are assessed. It is
performed by each member state of the United Nations once every four years to declare
what actions have been taken to fulfill its human rights obligations; this provides objective and authentic information relying on cooperative mechanisms based on interactive
35 http://www.moqatel.com/openshare/Behoth/Monzmat3/UN/sec08.doc_cvt.htm
36 See Appendix (7).
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