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| III. | The International Court of Justice |
| 1. | FUNDAMENTAL PRINCIPLES |
| 1.4. | Political Questions/ Determination of the Existence of a Dispute |
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Land and Maritime Boundary between Cameroon and Nigeria
(Cameroon v. Nigeria),
Provisional Measures,
Order of 15 March 1996
I.C.J. Reports 1996, p. 13
[pp. 36-37 S.O. Ajibola] 3. While it is clear that Article 33 of the
United Nations Charter provides for various machinery to effect peaceful
resolution of disputes, it is my humble belief that the Court should concern
itself solely with a purely "legal" order and refrain from orders with
diplomatic or political content or matters concerning mediation or negotiation,
since strictly speaking these issues are apparently outside the legal assignment
of the Court.
While it is true that the Court is one of the main organs of the United
Nations and is, in fact, its principal judicial organ, matters involving
political and diplomatic decisions are better left with the Security Council,
the General Assembly, and the Secretary-General of the United Nations. The
Court, should singularly concern itself with legal and Judicial matters. This
statement is not without my understanding and recognition that in matters of
peace and security all these organs are not uncomplementary and that the role of
the Court is not mutually exclusive. I still hold, however, that in the present
case before it, the Court should restrict itself to the application of the law
under Article 41 of the Statute of the Court and Articles 73, 74 and 75 of its
Rules.