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DR. NAGENDRA SINGH
of India , now a justice of the World Court.
Desmond Groves
8
its presiden t and vice-president
every three years, and they are eli–
gible for reelection. All decisions are
based on the principies of inter–
nationallaw. All decisions are final,
and there is no appeal.
Why Does War Continue?
So here, at last, is a truly world
court. It is composed of eminent,
irreproachable, highly qualified
judges of various nationalities,
available for the resolution of inter–
national disputes by peaceful
means.
All nations declare they
want
peace. Yet while armed confticts
rage in different parts of the world,
the World Court suffers, today, from
an acute shortage of cases. Why?
Why such a paradox?
Nations say they want . peace!
World leaders since the dawn of his–
tory have been struggling for world
peace. Yet nations are today contin–
uing to wage war, even while the
judicial machinery is available to
avert it!
Is the World Court to blame?
Certainly not.
It
is ready and willing
and able to step in -
if
nations are
willing to Jet
it!
What's wrong? In the machinery
ofthe World Court, we have law but
no authority - no power- no force!
And law without
force
is impotent!
Jurisdiction Limited
The Wodd Court has been given
jurisdiction only when disputes are
referred to it
by nations on both
sides of the dispute. Botb sides must
agree that their case should be
heard and decided by the Court. If,
for example, country A is engaged
in a border dispute with country B,
both A and B must agree to take the
dispute to the Court for settlement.
The Court has no power to order the
two to appear for judgment, nor can
country A haul country B before the
bench against couotry B's will. The
prospective defendent, not the emi–
nent judges of the court, decides
whether there will be a trial.
In other words, the idea of peace–
ful settlement by international law
PLAIN TRUTH December 1973