The legal nature of Resolutions of the United Nations General Assembly from the perspective of the International Court of Justice

Abstract

The topic of our research deals with "the legal nature of the decisions of the United Nations General Assembly from the perspective of the International Court of Justice", i.e. the true extent or scope of the mandatory character of the decisions of the United Nations General Assembly, and the possibility of considering these decisions as a source of international law from the perspective of the International Court of Justice, and the ability and authority of the latter in Judicial control over the legality of these decisions. The problematic of this issue is the determination of what is the legal nature of the decisions of the General Assembly of the United Nations organization, from the viewpoint of the International Court of Justice, including an indication of the extent of the mandatory character of these decisions, the possibility of describing them as an auxiliary source of international law, and the ability to initiate a type of judicial oversight of their legitimacy By the International Court of Justice, as the principal judicial organ of the United Nations. To demonstrate this specifically, we divided the research into an introduction and two requirements: the first, to determine the impact of the International Court of Justice on an indication of the extent of the mandatory characteristic of United Nations General Assembly resolutions, and the second, to demonstrate the impact of the International Court of Justice on oversight of the decisions of the United Nations General Assembly. The conclusion included an important number of findings and recommendations in this regard, the most prominent of which are: the International Court of Justice acknowledging the mandatory character of some of the decisions issued by the United Nations General Assembly, through consideration of several matters to judge the mandatory of these decisions, including: drafting the decision, the intention of the General Assembly behind its issuance, The nature of the circumstances and circumstances that led to its issuance, the specificity of the dispute or the issue on which it was issued, the general context of all texts of the United Nations Charter and the final goals of these texts, regardless of whether these decisions were issued based on the texts of Chapter VII or VI or other chapters of the United Nations Charter.