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.
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INTERNATIONAL COURT OF
JUSTICE- ICJ
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INTERNATIONAL CRIMINAL
COURT – ICC
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ESTABLISHEMENT YEAR
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1946
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2002
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RELATIONSHIP WITH U.N
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Official court of U.N,
commonly known as “World Court”.
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Independent. Not governed
by U.N. Can receive referrals from UNSC. Can initiate prosecution without UN
action.
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HEADQUARTERS
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Peace Palace , Hague
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Hague
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JURISDICTION
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U.N Member states. Can
give advisory opinions to UN bodies. Cannot try individuals. Applies
International Law
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Individuals accused of
international crimes. Uses International Law, as war crimes violate Geneva
Convention.
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TYPES OF CASES
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Sovereignty, boundary
disputes, maritime disputes, trade, natural resources,
human rights, treaty violations, treaty interpretation, etc.
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Genocide, crimes against
humanity, war crimes, crimes of aggression.
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DERIVES AUTHORITY FROM
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States that ratify the
U.N. Charter become parties to the ICJ Statute. Non-UN member states can
also become parties to the ICJ by ratifying the ICJ Statute.
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Rome Statute
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APPEALS
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ICJ decision is binding.
UNSC can review if states do not comply.
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Appeals Chamber,
according to Rome Statute.
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FUNDING
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U.N funded
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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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