ICJ vs. ICC: Key Differences and Functions in International Law

Introduction

The International Court of Justice (ICJ) and the International Criminal Court (ICC) are pivotal institutions in the realm of international law, both situated in The Hague. They serve unique functions in the promotion of justice and adherence to legal standards on a global scale.

The International Court of Justice (ICJ)

• Establishment: Formed in 1945 under the United Nations Charter.
• Function: Acts as the principal judicial body of the United Nations.
• Judges: Comprises 15 judges elected by the UN General Assembly and the Security Council.
• Focus: Primarily addresses state responsibility, managing disputes among states.
• Jurisdiction: Holds general jurisdiction over various international law issues, such as border disputes, diplomatic immunity, and allegations of genocide.
• Consent: Engages in cases only with the consent of the states involved.
• Decisions: Rulings are binding but lack enforcement mechanisms.
• Advisory Opinions: Offers non-binding legal opinions to international organizations.

The International Criminal Court (ICC)

• Establishment: Established in 2001 through the Rome Statute.
• Function: Functions as an independent court focusing on prosecuting individuals for serious international crimes.
• Focus: Targets individual criminal accountability for crimes like genocide, war crimes, and crimes against humanity.
• Jurisdiction: Limited to crimes committed by nationals of member states or within their territories, unless referred by the UN Security Council.
• Enforcement: Lacks policing forces; relies on state cooperation for executing arrests.
• Prosecution: Conducts trials and can impose sentences, fines, and reparations to victims.

Key Differences

• ICJ: Engages with disputes between states and focuses on state responsibility.
• ICC: Aims to prosecute individuals for grave international offenses.
• Jurisdiction: ICJ has broader jurisdiction, while ICC is confined to specific criminal charges.
• Enforcement: ICJ decisions are binding but lack enforcement; ICC relies on cooperation from states for its enforcement actions.

Recent Context

• ICJ: Currently hearing allegations of genocide against Israel in relation to the ongoing conflict in Gaza.
• ICC: The Prosecutor has sought arrest warrants for leaders implicated in the Gaza conflict.

Conclusion

The ICJ and ICC play distinct yet complementary roles in fostering international peace and justice. They address accountability at both the state and individual levels, reinforcing the global legal framework.

Frequently Asked Questions (FAQs)

Q1. What is the primary role of the ICJ?
Answer: The International Court of Justice primarily resolves disputes between states and interprets international law, focusing on state accountability in legal matters.

Q2. How does the ICC differ from the ICJ?
Answer: The International Criminal Court prosecutes individuals for serious crimes like genocide and war crimes, while the ICJ handles disputes between states.

Q3. Can the ICJ enforce its decisions?
Answer: The ICJ's rulings are binding on the parties involved but lack direct enforcement power, relying on states to comply voluntarily.

Q4. What types of crimes does the ICC prosecute?
Answer: The ICC focuses on prosecuting individuals for serious international crimes, including genocide, war crimes, and crimes against humanity.

Q5. How are judges selected for the ICJ?
Answer: Judges of the ICJ are elected by the United Nations General Assembly and the Security Council, ensuring a diverse representation.

UPSC Practice MCQs

Question 1: What year was the ICJ established?
A) 1945
B) 2001
C) 1998
D) 1989
Correct Answer: A

Question 2: Which court prosecutes individuals for serious international crimes?
A) ICJ
B) ICC
C) WTO
D) UNHCR
Correct Answer: B

Question 3: What is the main jurisdiction of the ICJ?
A) Individual crimes
B) Disputes between states
C) Domestic law
D) Regional conflicts
Correct Answer: B

Question 4: What type of decisions does the ICC make?
A) Advisory opinions
B) Binding state rulings
C) Individual criminal convictions
D) Diplomatic resolutions
Correct Answer: C