The role of justice

In any system of governance, a strong judicial function is necessary to moderate the powers of the other branches and to enunciate, promulgate, protect and deliver justice. The drive to create just societies has been among the fundamental forces in history—and without doubt no lasting world civilization can be founded unless it is firmly grounded in the principle of justice.

Justice is the one power that can translate the dawning consciousness of humanity’s oneness into a collective will through which the necessary structures of global community life can be confidently erected. An age that sees the people of the world increasingly gaining access to information of every kind and to a diversity of ideas will find justice asserting itself as the ruling principle of successful social organization.

At the individual level, justice is that faculty of the human soul that enables each person to distinguish truth from falsehood. In the sight of God… justice is “the best beloved of all things” since it permits each individual to see with his own eyes rather than the eyes of others, to know through his own knowledge rather than the knowledge of his neighbor or his group.

At the group level, a concern for justice is the indispensable compass in collective decision-making, because it is the only means by which unity of thought and action can be achieved. Far from encouraging the punitive spirit that has often masqueraded under its name in past ages, justice is the practical expression of awareness that, in the achievement of human progress, the interests of the individual and those of society are inextricably linked. To the extent that justice becomes a guiding concern of human interaction, a consultative climate is encouraged that permits options to be examined dispassionately and appropriate courses of action selected. In such a climate the perennial tendencies toward manipulation and partisanship are far less likely to deflect the decision-making process.

Such a conception of justice will be gradually reinforced by the realization that in an interdependent world, the interests of the individual and society are inextricably intertwined. In this context, justice is a thread that must be woven into the consideration of every interaction, whether in the family, the neighborhood, or at the global level.

We see in the current United Nations system the foundation for a strengthened World Court. Established in 1945 as the principal judicial organ of the United Nations, the International Court of Justice is characterized by many positive elements. The current system for the selection of judges, for example, seeks to create a judicial panel which is representative of a wide range of peoples, regions, and judicial systems.

The Court’s primary shortcoming is that it lacks the authority to issue legally binding decisions, except in those cases where states have chosen in advance to be bound by its decisions. Without jurisdiction, the Court is powerless to administer justice. In time, the decisions of the World Court may become binding and enforceable upon all states; however, in the short term, the World Court might be strengthened through two other measures.

1. Extending The Court’s Jurisdiction

Currently, the Court’s jurisdiction is limited to a few categories of cases, and only nations have standing to bring an action. We propose that in addition to member states, other organs of the United Nations should be given the right to bring cases before the Court.

2. Coordinating The Thematic Courts

The World Court should act as an umbrella for existing and new thematic courts, that arbitrate and adjudicate international cases within specific thematic domains.

Early components of a unified system can already be found in the specialized courts for arbitration of such matters as commerce and transportation, and in the proposals for such bodies as an International Criminal Court and a Chamber for Environmental Matters. Other issue areas that might need to be addressed under such a system would include courts for international terrorism and drug trafficking.

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