The realm of international law is governed by various institutions, among which the International Court of Justice (ICJ) and the International Criminal Court (ICC) play pivotal roles. This article delves into their key differences, functions, and jurisdictions.
The International Court of Justice was established in 1945 under the United Nations Charter, while the International Criminal Court was founded later, in 2001, through the Rome Statute. Both courts are located in The Hague, Netherlands.
The primary function of the ICJ is to resolve disputes between states, focusing on issues of state responsibility under general international law. In contrast, the ICC prosecutes individuals for serious crimes, including genocide, crimes against humanity, war crimes, and aggression. This underscores a fundamental difference in focus: state versus individual accountability.
The ICJ operates primarily under general international law and requires state consent to hear disputes. It can only address cases when the concerned states recognize its jurisdiction. Conversely, the ICC deals with specific crimes and relies on state cooperation for arrests and enforcement of its decisions. While the ICJ's decisions are binding, they lack enforcement power, depending on state compliance.
The ICJ comprises 15 judges elected by the UN General Assembly and the Security Council, while the ICC has 18 judges elected by the Assembly of States Parties. Both courts provide advisory opinions, but the ICJ offers non-binding legal opinions, whereas the ICC does not engage in advisory functions.
One notable case from the ICJ includes South Africa v. Israel concerning allegations of genocide. Meanwhile, the ICC has issued arrest warrants for leaders involved in the Gaza conflict, illustrating its role in addressing individual criminal responsibility.
Understanding the distinctions between the ICJ and ICC is crucial for grasping the broader landscape of international law. Each court serves unique purposes, contributing to the maintenance of justice on state and individual levels.
Q1. What is the main function of the ICJ?
Answer: The International Court of Justice primarily resolves disputes between states and provides advisory opinions on legal questions, focusing on state responsibility and general international law.
Q2. How does the ICC differ from the ICJ?
Answer: The ICC prosecutes individuals for serious crimes like genocide and war crimes, while the ICJ handles state disputes under general international law, emphasizing state accountability.
Q3. Can the ICJ enforce its rulings?
Answer: No, the ICJ lacks enforcement power and relies on the compliance of states to adhere to its binding decisions.
Q4. How are judges selected for the ICC?
Answer: Judges of the International Criminal Court are elected by the Assembly of States Parties, ensuring representation from various legal systems worldwide.
Q5. What are advisory opinions in the context of the ICJ?
Answer: Advisory opinions are non-binding legal opinions provided by the ICJ on questions referred to it by UN bodies or specialized agencies, helping clarify international law.
Question 1: What year was the International Court of Justice established?
A) 1948
B) 1950
C) 1945
D) 1960
Correct Answer: C
Question 2: Which court prosecutes individuals for serious crimes?
A) International Court of Justice
B) International Criminal Court
C) World Court
D) Permanent Court of Arbitration
Correct Answer: B
Question 3: How many judges are there in the ICJ?
A) 12
B) 15
C) 18
D) 20
Correct Answer: B
Question 4: What does the ICC rely on for enforcement of its decisions?
A) UN Security Council
B) State cooperation
C) International treaties
D) Domestic laws
Correct Answer: B
Question 5: Which document established the ICC?
A) United Nations Charter
B) Geneva Conventions
C) Rome Statute
D) Treaty of Versailles
Correct Answer: C
Question 6: What type of jurisdiction does the ICJ have?
A) Criminal jurisdiction
B) General international law
C) Civil jurisdiction
D) Administrative jurisdiction
Correct Answer: B
Question 7: Can the ICJ give advisory opinions?
A) Yes, on specific cases
B) No, it cannot
C) Yes, on legal questions
D) Only to member states
Correct Answer: C
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