BEWARE OF FAKE INSTITUTES WITH SIMILAR NAMES. blank    blank
banner

THE ICJ AND THE ICC:DIFFERENCES



  May 29, 2024

THE ICJ AND THE ICC:DIFFERENCES



Introduction

The International Court of Justice (ICJ) and the International Criminal Court (ICC) are key institutions in the international legal framework, both located in The Hague. They play distinct roles in promoting international law and justice.

The International Court of Justice (ICJ)

• Establishment: Created in 1945 by the United Nations Charter.

• Function: Principal judicial organ of the United Nations.
• Judges: Comprises 15 judges elected by the UN General Assembly and the Security Council.
• Focus: State responsibility. It handles disputes between states and can determine if a state has breached international law.
• Jurisdiction: General jurisdiction over any international law issue, including border disputes, diplomatic immunity, and genocide.
• Consent: Cases are heard only with the consent of the disputing states.

• Decisions: Binding on the parties but lacks enforcement power.

• Advisory Opinions: Provides non-binding legal opinions to international organizations.

The International Criminal Court (ICC)

• Establishment: Formed in 2001 by the Rome Statute.
• Function: An independent court aimed at prosecuting individuals for serious international crimes.
• Focus: Individual criminal responsibility for genocide, crimes against humanity, war crimes, and aggression.
• Jurisdiction: Limited to crimes committed by nationals of member states or within their territories, unless referred by the UN Security Council.
• Enforcement: No police force; relies on state cooperation for arrests.
• Prosecution: Conducts criminal trials and can impose prison sentences, fines, and order reparations to victims.

Key Differences

• ICJ: Deals with disputes between states and state responsibility.
• ICC: Prosecutes individuals for serious international crimes.
• Jurisdiction: ICJ has a broader jurisdiction; ICC is limited to specific crimes.
• Enforcement: ICJ decisions are binding but unenforced; ICC relies on state cooperation for enforcement.

Recent Context

• ICJ: Hearing accusations of genocide against Israel related to the conflict in Gaza.
• ICC: Prosecutor has applied for arrest warrants for leaders involved in the Gaza conflict.

Conclusion

The ICJ and ICC serve different but complementary roles in maintaining international peace and justice, addressing both state and individual accountability.


SRIRAM’s


Share:
 

Get a call back

Fill the below form to get free counselling for UPSC Civil Services exam preparation

 
UPSC DAILY CURRENT AFFAIRS

 
CHANDRAYAAN-3: A YEAR of ACHIEVEMENTS
 
VIZHINJAM: INDIA’S FIRST DEEP-WATER TRANSSHIPMENT PORT
 
‘AANKH MICHOLI’
 
CHINA FACTOR IN INDIA-RUSSIA RELATIONS
 
CVF and climate finance negotiations
 
CBI JURISDICTION AND STATE CONSENT
 
Beej Utsavs (Seed Festivals)
 
SILK ROUTE THROUGH KALIMPONG AND SIKKIM
 
RHODODENDRON NIVEUM, THE STATE TREE OF SIKKIM
 
OPERATION DHANUSH NEAR LOC
 
French Revolution and India
 
RBI’S MONETARY POLICY STANCE
 
French Revolution and India
 
MUSLIM WOMEN UNDER SECTION 125 OF CRPC:
 
BASTILLE DAY