International Judges the Legal Neutrality Term Paper

Total Length: 1151 words ( 4 double-spaced pages)

Total Sources: 8

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In these instances, a state might claim that the international community has acted beyond its jurisdiction as limited in Article 38 by allowing some action. Such an action is exemplified by the dispute between the NATO and Yugoslavia regarding ethnic cleansing in Kosovo. Here, Yugoslavia filed an application for proceedings through the ICJ against the United States for its use of force in Kosovo, invoking Article 38. Accordingly, the ICJ reports that "as to Article 38, paragraph 5, of the Rules of Court, it provides that when a State files an application against another State which has not accepted the jurisdiction of the Court, the application is transmitted to that other State, but no action is taken in the proceedings unless and until that State has accepted the Court's jurisdiction for the purposes of the case." (ICJ, p. 1) the ICJ rejected this application on the grounds that it lacked the jurisdiction to intervene between two states, even without Yugoslavia's party to the terms of the ICJ and its grievance against the United States.

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Latest APA Format (6th edition)

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"International Judges The Legal Neutrality" (2010, December 26) Retrieved June 7, 2026, from
https://www.aceyourpaper.com/essays/international-judges-legal-neutrality-5588

Latest MLA Format (8th edition)

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"International Judges The Legal Neutrality" 26 December 2010. Web.7 June. 2026. <
https://www.aceyourpaper.com/essays/international-judges-legal-neutrality-5588>

Latest Chicago Format (16th edition)

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"International Judges The Legal Neutrality", 26 December 2010, Accessed.7 June. 2026,
https://www.aceyourpaper.com/essays/international-judges-legal-neutrality-5588