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Difference Between ICC and ICJ

The document discusses two international courts - the International Court of Justice (ICJ) and the International Criminal Court (ICC). The ICJ settles legal disputes between UN member states and provides advisory opinions. The ICC deals with war crimes and human rights violations when national courts are unable. India is not a party to the ICC and has objections to its jurisdiction.

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2K views3 pages

Difference Between ICC and ICJ

The document discusses two international courts - the International Court of Justice (ICJ) and the International Criminal Court (ICC). The ICJ settles legal disputes between UN member states and provides advisory opinions. The ICC deals with war crimes and human rights violations when national courts are unable. India is not a party to the ICC and has objections to its jurisdiction.

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for scribd lang 2
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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International Court of Justice – ICJ

It is the primary judicial branch of United Nations and settles legal disputes and provides
advisory opinions submitted to it by its member states. ICJ is a civil court.
UNSC enforces its court’s rulings.
ICJ is composed of 15 judges elected for 9 years term by the UNGA and UNSC.
International Court of Justice is one of the most important guarantors of peace, security and co-
operation among states.
♦ India and ICJ
Justice Dalveer Bhandari currently serves as permanent judge at ICJ.
Recent ruling by ICJ, awarded Bangladesh more than 9,700 square miles in the Bay of Bengal,
ending a maritime dispute spanning more than three decades.

International Criminal Court – ICC


It was set up after the ad hoc tribunals to deal with Rwanda war crimes proved ineffective. ICC is
a criminal court.
ICC is based on the principle of complementarity. ICC was not created to supplant the authority
of national courts. However, when a state’s legal system collapses or when a government is a
perpetrator of heinous crimes, the ICC can exercise jurisdiction. ICC is a court of last resort.
USA opposed the ICC for fear that it will be used politically against U.S. nationals.
ICC ensures that those who commit serious human rights violations are held accountable.
Justice helps promote lasting peace, enables victims to rebuild their lives and sends a strong
message that perpetrators of serious international crimes will not go unpunished.
♦ India and ICC
India is not a party to ICC. The major objections of India to the Rome Statute are :
Since ICC is subordinate to UNSC, permanent members are vested with unbridled powers.
Terrorism and nuclear weapons usage is not in the purview of ICC.
There is criticism that India on signing up the Rome Statute, would immediately come under ICC
jurisdiction for human right violations under AFSPA, abuses in Naga movement, Kashmir
conflict.
Let us have a look at the table to know the major differences between ICC and ICJ.

INTERNATIONAL INTERNATIONAL
COURT OF CRIMINAL
JUSTICE- ICJ COURT – ICC

ESTABLISHEMENT
1946 2002
YEAR

RELATIONSHIP Official court of U.N, Independent. Not


WITH U.N commonly known governed by U.N.
as “World Court”. Can receive
referrals from
UNSC. Can
initiate
prosecution
without UN action.

Peace Palace ,
HEADQUARTERS Hague
Hague

Individuals
U.N Member states. accused of
Can give advisory international
opinions to UN crimes. Uses
JURISDICTION
bodies. Cannot try International Law,
individuals. Applies as war crimes
International Law violate Geneva
Convention.

Sovereignty,
boundary disputes,
maritime disputes, Genocide, crimes
trade, natural against humanity,
TYPES OF CASES resources, war
human rights, treaty crimes, crimes of
violations, aggression.
treaty interpretation,
etc.

States that ratify the


U.N. Charter
become parties to
the ICJ Statute.
DERIVES
Non-UN member Rome Statute
AUTHORITY FROM
states can also
become parties to
the ICJ by ratifying
the ICJ Statute.

ICJ decision is
Appeals Chamber,
binding. UNSC can
APPEALS according to
review if states do
Rome Statute.
not comply.
FUNDING U.N funded contribution from
state parties to the
Rome Statute;
voluntary
contributions from
the U.N; voluntary
contributions from
governments,
international
organizations,
individuals,
corporations and
other entities.

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