ABSTRACT
In accordance with Art. 94 (1) of the UN Charter (UNC) ‘Each Member of the United Nations undertakes to comply with the decision of the International Court of Justice [ICJ] in any case to which it is a party’.1
Should all states parties to cases before the ICJ be law-abiding, there would be no room for questions of enforcement. However, the authors of the UNC were well aware of the fact that states – like individuals – do not always act as they should and therefore also included a provision for the case in which a state failed to comply with a decision of the Court. Art. 94 (2) UNC provides that ‘if any party to a case fails to perform the obligation incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment’. Under the League of Nations, compliance with court decisions, not only
