Difference between ICC and ICJ – all that you need to know

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

INTERNATIONAL COURT OF JUSTICE- ICJ INTERNATIONAL CRIMINAL COURT – ICC

ESTABLISHEMENT
1946 2002
YEAR

Independent. Not governed by U.N. Can

RELATIONSHIP WITH Official court of U.N, commonly known as “World
receive referrals from UNSC. Can initiate
U.N Court”.
prosecution without UN action.

HEADQUARTERS Peace Palace , Hague Hague

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

Sovereignty, boundary disputes,

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

States that ratify the U.N. Charter become parties

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

ICJ decision is binding. UNSC can review if states

APPEALS Appeals Chamber, according to Rome Statute.
do not comply.

contribution from state parties to the Rome

Statute; voluntary contributions from the U.N;
FUNDING U.N funded voluntary contributions from governments,
international organizations, individuals,
corporations and other entities.
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 :
o Since ICC is subordinate to UNSC, permanent members are vested with unbridled powers.
o 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.