The Security Council and the International Court of Justice, both were established around 60 years back, for the purpose of maintaining international peace and security by developing mutual faith and promoting cooperation between the countries who were the victims of the deadliest manslaughter that the world has ever witnessed, i.e. The World War II. In order to achieve the same objectives, in both the world vested enormous powers, so that in cases of conflicts peace can be restored through their intervention. The countries which emerged as the ‘Zamindars’ of International Sphere at the end of World War II, became the major source of power for these two organizations. As remarked by John Dalberg-Acton, ‘Absolute Power Corrupts Absolutely’, the two organizations have now become ‘toothless tigers’ in the international sphere due to the disputes that arose between the countries because of their different ideologies.
The United Nations was set up at the end of the Second World War. Its founders were anxious to avoid not only another such catastrophe but also the mistakes which had led to the failure of the League of Nations . It is well settled that although the countries have vested their powers for maintenance of Peace and Security in the UN Security Council, yet it is an accepted fact that if not primary, then one of the purposes of the International Court of Justice is the maintenance of Peace and Security and hence it cannot be excluded from the purview. Being principal organs of United Nations, the Security Council and the International Court of Justice have been given certain responsibilities, which in no case shall be compromised. With such vast powers their primary and exclusive responsibility is peaceful coexistence and maintenance of cooperation among the Countries. It is no doubt true to say that one of the issues that has most troubled the world this century is the task of finding appropriate international institutions that can guarantee peace and security among nations .
Since their establishment, a passive conflict has always been a part of tussle between the Security Council and the International Court of Justice. As a result a number of times the International Court of Justice in its decisions has clarified that although the powers of Security Council in respect to maintenance of peace and security are wider, yet it cannot be held that ICJ has no say in the same. In its various decisions, the Court refused to accept that the Security Council alone has the mandate to maintain international peace and the Court did not exclude the possibility that it shouldered some responsibility itself for this task. Several members of the Court have endorsed the view that one of the purposes, if not the primary purpose, of the Court is the securing of international peace .
Another problem concerning international peace and security is the ‘Crimes of Aggression’. Although, the major power in this respect is given to the International...