Enforcement of ICJ Judgments
The persistent challenge of ensuring states comply with ICJ rulings and the role of the Security Council.
Article 94 of the UN Charter
Article 94(1) states that each UN member undertakes to comply with the decision of the ICJ in any case to which it is a party. Article 94(2) provides that if any party fails to comply, the other party may have recourse to the Security Council, which may decide upon measures to give effect to the judgment. This is the only formal enforcement mechanism for ICJ judgments.
In practice, Article 94(2) has been invoked only once. Nicaragua sought Security Council action to enforce the 1986 judgment against the United States, but the US vetoed the resolution. This single episode revealed the fundamental flaw: the P5 can veto enforcement of judgments against themselves or their allies, meaning the enforcement mechanism is effectively neutralized for the most politically significant cases.