Advisory opinion
Topic: India's External Relations, 1947-1999: Non-alignment, Wars and Nuclear Policy · NCERT: Beyond NCERT
Meaning
An advisory opinion is the International Court of Justice's (ICJ's) view on a legal question. The ICJ is the UN's main court. It gives an advisory opinion only when a UN body asks for one, such as the General Assembly, the Security Council or an authorised UN agency. The opinion is not binding, which means no country is legally forced to obey it. Nothing enforces it, but because it comes from the world's top court, it shapes how international law is understood.
Example
In July 2024 the ICJ gave an advisory opinion that Israel's occupation of the Palestinian territories is unlawful. In 2026 a UN Commission of Inquiry asked Israel to "immediately comply" with that opinion. The opinion had not changed Israel's conduct, because no one can force a country to follow it.
Don't confuse with
- ICJ judgment in a contentious case: this is a ruling in a dispute that countries bring against each other. It binds the countries in that case. An advisory opinion binds no one.
- Advisory jurisdiction of India's Supreme Court (Art. 143): here the President, not a UN body, asks India's Supreme Court for its opinion, as in In re Berubari (1960). That reference showed that giving away Indian territory needs a constitutional amendment.